If a parent with a child support obligation, or the custodial parent, moves to another state, a court can entertain the possibility of transferring the case to that other jurisdiction, according to the American Bar Association Section of Family Law. Despite some minor variations in child support statutes and court-related procedures, the process for transferring a child support case to another state is largely the same no matter where you reside.
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Go to the clerk of the court in the jurisdiction that currently handles your child support case, and obtain a motion to transfer form. The typical court clerk maintains different types of forms for use by people without legal representation.
Complete the form, following the instructions provided to you by the court clerk.
Include specific information about why you desire to transfer the case to another state. For example, you would mention if the parent with the obligation to pay child support moved to another state. Enforcement is easier by transferring the case to that other jurisdiction.
Insert the specific location where you want to transfer the case, including the name of the court in the other state.
Sign the motion and send a copy to the other parent.
File the motion with the clerk of the court.
Obtain a hearing date for your motion from either the clerk of the court or from the administrative assistant to the judge assigned your case. Notify the other parent of the date and time of the hearing.
Attend the hearing and present evidence supporting your desire to transfer the case to the other jurisdiction. If the other parent agrees to the transfer, you can report that fact to the judge at the hearing.
REFERENCES & RESOURCES
- American Bar Association: Section of Family Law
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- FindLaw: Family Law Center
- ABA Family Law Quarterly: Family Law in the 50 States
- American Bar Association: Directory of State and Local Bar Associations