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Wavier of jurisdiction?

sonja's picture

BM and DH used to live in county A, she now lives in county B and we are in county C.

A couple years ago, DH lost his job and we got BM to agree on a CS reduction. (1/3 less). I drew up all the paperwork with the help/advice from a lawyer as well as lots of internet research. She told me getting the case to C county would be easier than dealing with county A (which is the ghetto).

BM signed the waiver of jurisdiction and the reduction was filed and approved in our county, county C.

If BM wants to take DH back to court, was this waiver a one-time deal or is the whole case now located in County C? They do not go through child support services, as the original decree was part of the divorce. Just curious if DH has to agree for it to be moved back or if she can just go file in County B.

Rags's picture

I believe that now that County C is the jurisdiction of record and that your DH is a resident of that county that unless your DH agrees to change jurisdiction that BM can't change it just because she wants to.

A year after a successful Custody/Visitation/Support battle we moved to a different state and investigated changing jurisdiction to our county. Our new state/county rules stipulated that a child resident in the county for 6mos was considered a resident and Custody/Visitation/Support would be addressed in our county. Though our county rules were clear reality was not that clear. Since the Sperm Idiot still resided in the original county venue could not be changed without his authorization.

When the Sperm Idiot moved to the next county over from the original county several years alter, venue defaulted to our county. However, we kept that as a big stick to beat the shit out of him with. His CS would have gone up by more than 1000% in our county but his visitation would have also tripled. No amount of money is worth exposing a kid that that shallow and toxic of a gene pool any more than necessary. When we filed for a review of CS several years later we did it in the original county which transferred it to the Sperm Idiot's new county. His CS went up by nearly 700% and his visitation stayed the same. If we had moved it to our county we would have gotten a bit more in CS but visitation would have gone up too.

Whenever he or anyone else in the Sperm Clan stepped out of line we would run the numbers through our state's online CS calculator and send him a copy with suggestions of what he could do to avoid a monster increase in CS. He always buckled.

So, we got the best of all worlds. We got control, he paid increasing child support and we kept visitation to a reasonable but not excessive level.

Good luck.