Child support modification due to move from VA to DC?

[Anonymous]

Hi,

I am planning to move from VA to DC as my child is starting in a new private school in MD. My child support was awarded by a VA court a couple years ago -I have sole custody, and the father who lives on the west coast pays child support, till the kid is 18 or graduates from high school. I would like to seek advice from people on child support who experienced the similar situation:

1. Since no one related in this case will be in VA any more, can I move the jurisdiction to DC?
2. If I can move the jurisdiction to DC, should the child support agreement be modified based on DC laws? For example, DC requires child support to be paid till the kid is 21.
3. Can I also ask the DC court to add the private school tuition and extra curriculum activities for consideration of child support? The kid was attending public school when the current child support agreement was awarded, and the father refused to pay any extra curriculum activities back then (arguing these were not stipulated by VA law to be paid). But now the extra curriculum activities cost much more, and the private school tuition is 40K+. The father's reported income is 1.5 to 2 times of mine. I don't have any spousal support.

Many thanks for your help!

[Anonymous]

Why don't you live in Maryland if the school is in Maryland?

[Anonymous]

Gold-digging much?

[Anonymous]

You need to talk to a DC family law attorney.

[Anonymous]

No, you cannot move the jurisdiction. It will always be under the jurisdiction of the Virginia court.

[Anonymous]

Read your child support agreement. It should be stated what happens if you and the child move to a different jurisdiction and if either party wants to amend the agreement. Also, this is what lawyers are for. Anonymous forums are not where you seek out legal advice.

Contact the lawyer who did your agreement in VA. They will be able to help.

[Anonymous]

Anonymous wrote:Why don't you live in Maryland if the school is in Maryland?

See point 2 in her post.

OP, DC will enforce the VA order under UIFSA, but the order itself won’t be changed.

You may also need permission from the court in Virginia and the child’s father to do this. Failure to get it could result in a contempt order.

[Anonymous]

Part of child support will go off the original order so even if it is 21, DC may keep it at 18. And, usually its child support or help with college. You can get it modified per income but if you income went up and his went down, you may end up with less or if DC has a different formula you can end up with less. If he is paying child support, extra curriculars and private school that you choose are included in the child support. If its not in the original order to pay for private school and child doesn't need private school, then how you choose to spend the child support is your choice but you cannot demand more as you are living over your means and cannot really afford the choice you are making.

You sound really greedy.

Keep your kid in public and cut down the activities or go to cheaper ones. Or, send the kid to live with Dad.

[Anonymous]

You can ask the court to do anything you want. My husband's ex asked for my income to be included as household income and calculated for child support. Instead the judge took older kids off child support who were over 18 and she lost her alimony that was supposed to be over and Dad got more visitation. She got 1/3 of what she was originally getting. It could backfire on you but go for it.

[Anonymous]

Why should he pay for private school if it was your sole decision?

[Anonymous]

Anonymous wrote:Why should he pay for private school if it was your sole decision?

The same with activities. OP has sole custody. He has no decision making power so if she spends the child support on other things its her choice but he should not pay more for her choices.

[Anonymous]

Per point 3, child support is formulaic and doesn’t include anything about child support. That would normally be covered elsewhere in a marriage settlement agreement. If you were never married, no dice. No court will compel him to pay private school. It doesn’t work that way.

[Anonymous]

^^ I mean doesn’t include anything about schools.

[Anonymous]

Do you really think courts would allow forum shopping like this? All you have to do is move long after the marriage ended and, poof, you can have him on the hook for years more of support?

[Anonymous]

Anonymous wrote:Per point 3, child support is formulaic and doesn’t include anything about child support. That would normally be covered elsewhere in a marriage settlement agreement. If you were never married, no dice. No court will compel him to pay private school. It doesn’t work that way.

If a child was in private during the marriage and the parent can afford it, then it can be ordered in the divorce. However, mom has sole custody, Dad didn't agree to private or paying for private so she can use the child support and her income to pay. If she signed up for private she can clearly afford it.