Modifying Child Support When A Parent Has Moved To A Different State
Normally, a Minnesota family law court that has set child support in a case retains jurisdiction over the case in the future. Retaining jurisdiction allows the court to modify previous child support orders based on the changed circumstances or earnings of the parties. Once jurisdiction has been established in a particular court, other family law courts (especially those in other states) are prohibited from modifying the order. This is true even where one parent has moved to a different state.
Last week, the Minnesota Court of Appeals issued a decision clarifying exactly when a family law court loses jurisdiction over a child support case. The parties in the case were divorced in Minnesota in 1998. At the time of their divorce, the mother and the children were living in Minnesota. The father was in the military and stationed overseas. A few months after their divorce was finalized, the mother and the children moved to Kentucky. In January 2010, the mother filed a motion to modify the father’s child support in Minnesota. The family court refused to hear the motion stating that it lacked jurisdiction because neither the parties nor the children had lived in Minnesota for more than ten (10) years.
The Court of Appeals disagreed with the family court’s reasoning and reversed the outcome. It explained that under Minnesota law, family courts retain jurisdiction over cases even after both of the parties and the children have moved to a different state, unless everyone signs paperwork agreeing to transfer the case.
The lesson is that if a Minnesota family law court has jurisdiction over a child support case, the family law court will retain jurisdiction over the case unless everyone involved agrees to transfer it someplace else. If one party disagrees, the case will stay in Minnesota.
For more information about child support or to talk to an attorney about divorce or family law, please check out our website at www.gadtke.com.
Robert W. Gadtke is a Minneapolis divorce attorney with the law firm of Gadtke & Beyer. His practice focuses on helping clients protect their children in custody cases and getting a fair financial settlement. His eBook, 10 Top Divorce Mistakes and How to Avoid Them, can be found on his website. He also maintains a blog devoted to divorce, child custody, and family law issues.