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Parenting -- Special Concerns
Reply to "Child support modification due to move from VA to DC?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]There is a lot of incorrect advice on here. Answers to your questions below: 1. No, you cannot move the order to DC. VA has jurisdiction to continue to enforce the order but if you have both left the state it cannot modify the order. If you are seeking to modify the order his home state will have continuing exclusive jurisdiction. The only caveat here is if you both consent to VA having CEJ. 2. Child support will be based on his state's guidelines subject to the caveat above. 3. Impossible to tell because you did not identify his state. As a general matter though your need to have a child with severe disabilities to have private school paid for. [/quote] This makes no sense. If OP moves to DC and files, it will go to DC as that is the child's home state. If Dad is not in VA anymore then VA will not take jurisdiction. If a child has severe disabilities then OP hires an advocate to get the school system to pay for the private and no private will be $40K - try $60-80K for special needs.[/quote] It really doesn't matter what you think does or what doesn't make sense to you. UIFSA has a concept called the "play away" rule which means that the party seeking to modify the support order is the one that will be inconvenienced by having to travel to a different forum IF the original issuing state has lost CEJ which, in this case, it likely has. Quite frankly I don't understand why this wouldn't make complete sense to you that the party seeking the modification bears the burden of an inconvenient forum.[/quote]
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