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Mother Live in MD Father in MN who has Jurisdiction Colorado Maryland

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  • Mother Live in MD Father in MN who has Jurisdiction Colorado Maryland

    I have an infant and reside in the state of MD. The father lived in the metropolitan area (DC, MD, VA) and did business here on a regular. He now resides in MN and is trying to fight the child support order and he is raising a jurisdiction issue. The child was born here and has lived here well over a year. My question is, who/which state has jurisdiction, MD (where the mother lives) or MN (where the father lives)?

    Please help.

    BabyX
    Last edited by babyx; 11-21-2006, 06:14 PM. Reason: title fix

  • #2
    Originally posted by babyx View Post
    I have an infant and reside in the state of MD. The father lived in the metropolitan area (DC, MD, VA) and did business here on a regular. He now resides in MN and is trying to fight the child support order and he is raising a jurisdiction issue. The child was born here and has lived here well over a year. My question is, who/which state has jurisdiction, MD (where the mother lives) or MN (where the father lives)?

    Please help.

    BabyX
    Right now whatever state the order was issued in has jurisdiction. However, if he is asking for a change of jurisdiction to his state he'll probably get it. Usually a CS order will follow the NCP while a custody/visitation order will follow the child.

    If there isn't an order yet and you filed in your state the jurisdiction will be with the NCP's state who will issue the order.
    Is the state CSE agency involved in your case? If not you need to talk to them, they'll be able to forward the paperwork to your ex's state for processing.
    Last edited by xena; 11-22-2006, 05:45 PM.

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    • #3
      I filed for everything here with my attorney. The judge signed the order. however, he is fighting my order. he wants the CS to be decided under MN CS laws.

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      • #4
        Originally posted by babyx View Post
        I filed for everything here with my attorney. The judge signed the order. however, he is fighting my order. he wants the CS to be decided under MN CS laws.
        Was he served with the petition and he did not appear at the hearing?

        If so, the order is probably a default order, and might stand unless he can prove that he wasn't served or had good reason for not responding.

        Did the petition or any filings state where he lives?

        Was your state's CSE agency involved at all?

        How long has he lived in MN?

        What are the reasons that he states as to why he is fighting the order?
        Last edited by xena; 11-26-2006, 01:37 PM.

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        • #5
          He was served with a petition and did not appear, so a default judgement was entered against him. Also, he was served by a sherrif at his job infront of a witness.

          I hired private attorney instead of going through CSE. They are involved in the collection of the order, that's about it.

          He only works in MN for a short period time of the year. I believe he may be registered to vote in a different state.

          He is fighting the order for lack of jurisdiction. He feels that the state had no jurisdiction over him, so he thought he didn't have to show up for any of the court appearances. He has filed a motion to dismiss the default judgement for lack of juridiction, dismiss the child support order for lack of jurisdiction and dismiss the order to pay attorney fees for lack of jurisdiction.

          Furthermore, he has convinced his employer to not pay on the order because he files some frivulous motions that have not been ruled on and won't be heard until some time next year. Can his employer do that when i have a signed order? I didn't think a motion would ever supercede a signed court order.
          Last edited by babyx; 12-03-2006, 08:06 PM.

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