Maryland support question

[jjgolfhacker]

If the NCP lives in one state (MD) and the CP lives in (VA)...does Maryland use its CS calculations to establish support for the CP who lives in VA? Situation, wife took job in Virginina and we had to work out a new visitaion schedule (June) ... During hearing she also asked that the support be reevaluated to bring it up to date (was paying $500 for 1 child since 2004). The court agrees and schedules a hearing in September. In July she moves and is now a resident of Virginia. Nov 9, I recieve the new support obligation in the amount of $1557.00. So why is Maryland (AACO) determining the support for a resident of Virginia. i went to the Virginina website and plugged in out numbers and the support obligation is $657 using their calculator. In the determination it said I had ten days to appeal and I filed under the grounds that AACO is one of the highest cost of living areas and it's calculations should not be used to determine the support needed in another state who's cost of living is significantly lower. Does anyone have experience in this?

Thx

[dadmisseskids]

I went through this. I was living in one state and NJ was living in another. It's an interstate case. Your ex can either file in VA (that's the most typical way to do it - interstate case) or she can file in Maryland (that's what my ex-wife did, she filed in my state instead of hers). The benefit for your ex filing in Maryland is that the payments aren't delayed as much.

In my case, my ex lived in Maryland and I lived in Pennsylvania. You are correct that Maryland has a high cost of living but the CS was calculated in Pennsylvania. I assume that if the states were reversed, the CS award would come out of Maryland, not PA. If I understand things correctly, no matter where she files, the CS ultimately comes from where you live (Maryland).

I filed under the grounds that AACO is one of the highest cost of living areas and it's calculations should not be used to determine the support needed in another state who's cost of living is significantly lower.

Did you base this on case law or a "wing and a prayer?" I hope this works for you. I really can't comment on it but this seems like a moot point for an appeal. Let us know though, I'm interested if the CS order will be overturned.

I could be wrong so I'm curious if anyone else has had a situation like that.

[Chris A]

A good lawyer can bring it to the same court as original divorce. They have jurisdiction did that with my nj

[jjgolfhacker]

No not case law it just seemed to me that the support is for the child and it should be based on where the child lives. You are correct, they used the Maryland worksheet and the support came out to almost $1600. I went online and used the calculator for Virginia and it was $617. If they did the caculations based on where the CP files, CPs could go online, do the calculators and see which state would get them the most money and file based on greed vs need.

[jjgolfhacker]

My point isn't where she filed, I understand that all states pretty much work together. I just feel that since she lives in Virginia, the worksheet the court should have used should have been the Virginia CS worksheet not the Maryland worksheet....make no sense to me. (I live in MD and Ex and daughter live in Virginia).

[dadmisseskids]

No not case law it just seemed to me that the support is for the child and it should be based on where the child lives.

It's obvious why you feel that way. A $1000/month savings is a lot. However, your feelings and case law are two completely different things. Like I said, my ex lived in one state but filed in my state. The CS came out of my state and there was nothing I could do about it.

I hope it works out for you but please follow up on this post or a new one if it does. I know I'd be interested and there are some other guys who would probably be interested as well.

I did a little research into Maryland case law. I don't have the time to read it all but it may help you. Here are some excerpts that may be relevant

Applying these principles to the FFCCSOA, we find the statutory language is plain and unambiguous in its requirement that the court of the state that last made a child support order consistent with the FFCCSOA has continuing, exclusive jurisdiction...."

Has there every been a CS order or is this the first time?

Where was your divorce finalized? VA or MD or another state?

`a judgment entered by one state must be recognized by another state if the state of rendition had jurisdiction over the parties and the subject matter and all interested parties were given reasonable notice and an opportunity to be heard.'"

Like I said, there's a lot of information and it's confusing. But, this may help you. I'd argue that she only filed in MD because her CS will be $1000 more a month. Not sure if it will work but it's an argument.

http://scholar.google.com/scholar_case? ... s_sdt=4,21

[Chris A]

The state you are divorced in should have jurisdiction get a lawyer and move it back I did and it saved me some in the long run. What he did was file for modification here. Got a court date and called them and said that we have jurisdiction and a court date. They dropped it.