irsfixer
newbie
Reged: 06/13/07
Posts: 49
Loc: Houston
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Texas Case
Divorce filed in 2002. Not much transpired other than temporary orders for child support & custody. Spouse gets in default on CS and there is Attorney General hearing in 2006 and it is resolved thru payment plan. Subject child is now over 18 and no more chld support is due oter than arrearage. Spouse paying support now lives in a differenct county and has for 4 years.
Questions:
(1) Can pending divorce case in original county be thrown out for inactivity?
(2) If it is - how is child support affected?
(3) Can jurisdiction be established in another county?
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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The order for CS wouldn't be rescinded. You can file for the divorce in another county, IF you've met the residential requirements of that county.
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Char Fox
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irsfixer
newbie
Reged: 06/13/07
Posts: 49
Loc: Houston
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Would the case in the original county have to be tossed first? Could a motion be filed to have it tossed based on inacvtivity? Does the CS action have a bearing on activity?
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Mike Wellman
http://irsos.com
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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The CS was already determined. Unless ANOTHER order is made changing that determination, it is what it is, or was, as the child is now 18 and its a moot point. You would probably have to close your original case before you could open the new one. The court clerk should be able to tell you that. But if its already open there, why start all over from scratch?
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Char Fox
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irsfixer
newbie
Reged: 06/13/07
Posts: 49
Loc: Houston
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Because I want the home-field advantage.
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Mike Wellman
http://irsos.com
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2006
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Quote:
Texas Case
Divorce filed in 2002. Not much transpired other than temporary orders for child support & custody. Spouse gets in default on CS and there is Attorney General hearing in 2006 and it is resolved thru payment plan. Subject child is now over 18 and no more chld support is due oter than arrearage. Spouse paying support now lives in a differenct county and has for 4 years.
Questions:
(1) Can pending divorce case in original county be thrown out for inactivity?
(2) If it is - how is child support affected?
(3) Can jurisdiction be established in another county?
Since your child is now an adult, there isn't going to be any current child support.
Moving the case isn't going to reduce your arrears. You still have to pay that. Maybe the other parent will settle for less if you offer to pay in one lump sum. And if the cp is smart, s/he will require that you have a certified bank check for the amount on the day the agreement is signed.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2006
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Quote:
Because I want the home-field advantage.
That is going to have no bearing on a back child support. You will still owe that.
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irsfixer
newbie
Reged: 06/13/07
Posts: 49
Loc: Houston
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Your answer was of no use whatsoever. My question is about jurisdiction - not back child support. I think you have a chip on your shoulder.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2006
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Quote:
Your answer was of no use whatsoever. My question is about jurisdiction - not back child support. I think you have a chip on your shoulder.
No, I don't but if it makes you feel better to think otherwise.... Jurisdiction is where the child support order is.
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irsfixer
newbie
Reged: 06/13/07
Posts: 49
Loc: Houston
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Again, you must have no reading comprehension at all. I know where the jurisdiction is. I am asking about changing jurisdiction. Are you an attorney or a meddling do-gooder?
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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I live in San Antonio, he he I just noticed Houston on your location. In NM a case is tossed after one year of inactivitiy. I would assume every state has something similar. If you filed the petition you can file to have the petition dismissed. Once dismissed you can refile.
The way I read it, you are owed the CS.
Call the court clerk's office and ask yourself. I would think it would be an easy enough thing to do on your own-meaning no lawyers.
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13.1...because I am only half crazy!
Edited by Miranda (07/24/07 07:46 PM)
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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>>>>>The way I read it, you are owed the CS.<<<<<
I don't think so. They said that the "Spouse paying support now lives in a differenct county..." And they're asking about changing jurisdiction to this new county.
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Char Fox
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Wouldn't "the spouse" be his spouse? Most people would just say "I am in arrears." Not "spouse in arrears"...oh well.
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13.1...because I am only half crazy!
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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Unless they've been around boards a bit and know they might get flamed, so they try to keep it neutral. But I wasn't looking at it as them trying to get out of the arrears, just wanting the divorce and the upper hand in that aspect. The CS is already a done deal.
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Char Fox
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