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Can chils support be modified in this way?

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  • Can chils support be modified in this way?

    I live in WA, the mother of my son, and my son, live in FL. Alaska just modified my child support order in 2013. Do they have jurisdiction? I thought since neither I nor the mother live in Alaska anymore (I moved out of Alaska 9 yrs ago, the mother and child moved 4 years ago) Alaska doesn't have jurisdiction to modify. thank you.

  • #2
    Re: Can chils support be modified in this way?

    I wish to inform you that Alaska can modify its order. In this regard if originally case was filed in Alaska thus it is having continuing jurisdiction over the matter. If you desire that Alaska court must stop its jurisdiction then a motion to shift case may be filed in Alaska based upon change of residence of all the parties. Once court has been informed and case has been shifted from Alaska then its authority will end.

    AFF

    Comment


    • #3
      Re: Can chils support be modified in this way?

      NO, Alaska does NOT have jurisdiction to modify your order if no one lives there anymore. Making continuing, exclusive jurisdiction (CEJ) clear is one of the main reasons the Uniform Family Support Act (UIFSA) was enacted. It is a void order that would easily be overturned on appeal, a set aside or a motion for re-consideration. You've posted recently. You really need to get an attorney to help you straighten this out fast.

      At a minimum, contact Alaska NOW and insist they let you speak to an attorney that works for the child support agency. I have a strong feeling this was an "administrative order", and non-attorneys worked on it. That procedure is becoming popular with child support agencies, often with horrible results. In other words, no real court appearance. If the attorney is worth anything they'll acknowledge the error and fix it themselves. If not, GET A LAWYER.

      Comment


      • #4
        Re: Can child support be modified in this way?

        Originally posted by cocoprimo View Post
        I live in WA, the mother of my son, and my son, live in FL. Alaska just modified my child support order in 2013. Do they have jurisdiction? I thought since neither I nor the mother live in Alaska anymore (I moved out of Alaska 9 yrs ago, the mother and child moved 4 years ago) Alaska doesn't have jurisdiction to modify. thank you.
        Until jurisdiction is surrendered to another court, the Alaska court retains jurisdiction. It is up to one of the parents to move to have the case forwarded to Florida. The Alaska file needs to be noted at this point in time that the mother and child are no longer in the state. But until the case is transferred to another state, which has to be done upon application, the court retains jurisdiction. If you read the custody decree you will find the language there that the court retains jurisdiction until the child reaches majority, or words to that effect.

        Comment


        • #5
          Re: Can chils support be modified in this way?

          I did some research, and Alaska does not have CEJ because none of us live there anymore, meaning it can not modify an order.
          Under the new Federal law, can an issuing State modify its own order if it no longer has continuing, exclusive jurisdiction?
          Answer: No. An issuing State cannot modify its own order if it no longer has continuing, exclusive jurisdiction (unless both parties provide written consent). See section 1738B(d) of the Full Faith and Credit for Child Support Orders Act. For States that have enacted UIFSA, section 205 of UIFSA and the official comments to that section specifically indicate that a State cannot modify its own order once it loses continuing, exclusive jurisdiction

          Comment


          • #6
            Re: Can chils support be modified in this way?

            If the mother requested the modification it should have been done by WA. It is the non-moving party's state that handles it in your situation (parties in 2 different states with no one in the original state).

            Comment


            • #7
              Re: Can chils support be modified in this way?

              Originally posted by cocoprimo View Post
              I did some research, and Alaska does not have CEJ because none of us live there anymore, meaning it can not modify an order.
              Under the new Federal law, can an issuing State modify its own order if it no longer has continuing, exclusive jurisdiction?
              Answer: No. An issuing State cannot modify its own order if it no longer has continuing, exclusive jurisdiction (unless both parties provide written consent). See section 1738B(d) of the Full Faith and Credit for Child Support Orders Act. For States that have enacted UIFSA, section 205 of UIFSA and the official comments to that section specifically indicate that a State cannot modify its own order once it loses continuing, exclusive jurisdiction

              Right. This confirms what I told you in the other post. Now you have some work to do.

              Comment


              • #8
                Re: Can chils support be modified in this way?

                Originally posted by SupportAttyGuy View Post
                NO, Alaska does NOT have jurisdiction to modify your order if no one lives there anymore. Making continuing, exclusive jurisdiction (CEJ) clear is one of the main reasons the Uniform Family Support Act (UIFSA) was enacted. It is a void order that would easily be overturned on appeal, a set aside or a motion for re-consideration. You've posted recently. You really need to get an attorney to help you straighten this out fast.

                At a minimum, contact Alaska NOW and insist they let you speak to an attorney that works for the child support agency. I have a strong feeling this was an "administrative order", and non-attorneys worked on it. That procedure is becoming popular with child support agencies, often with horrible results. In other words, no real court appearance. If the attorney is worth anything they'll acknowledge the error and fix it themselves. If not, GET A LAWYER.
                There is no indication this was an administrative order. An attorney must present a proposed order to a court -- not some clerk from an agency.

                Clerks working for support agencies have little to no knowledge of the law. As the posts from one on this forum so clearly demonstrate.

                Comment


                • #9
                  Re: Can chils support be modified in this way?

                  Originally posted by cocoprimo View Post
                  I did some research, and Alaska does not have CEJ because none of us live there anymore, meaning it can not modify an order.
                  Under the new Federal law, can an issuing State modify its own order if it no longer has continuing, exclusive jurisdiction?
                  Answer: No. An issuing State cannot modify its own order if it no longer has continuing, exclusive jurisdiction (unless both parties provide written consent). See section 1738B(d) of the Full Faith and Credit for Child Support Orders Act. For States that have enacted UIFSA, section 205 of UIFSA and the official comments to that section specifically indicate that a State cannot modify its own order once it loses continuing, exclusive jurisdiction
                  A court has exclusive jurisdiction until the order is replaced with one from another state. A person moving to another state does not automatically divest a judge from jurisdiction over its own orders. One of the parties has to move to have the case transferred to another state.

                  Comment


                  • #10
                    Re: Can chils support be modified in this way?

                    Originally posted by Friend In Court View Post
                    There is no indication this was an administrative order. An attorney must present a proposed order to a court -- not some clerk from an agency.

                    Clerks working for support agencies have little to no knowledge of the law. As the posts from one on this forum so clearly demonstrate.

                    Your attempt at a reply contains nothing of substance.

                    Comment


                    • #11
                      Re: Can chils support be modified in this way?

                      Originally posted by Friend In Court View Post
                      A court has exclusive jurisdiction until the order is replaced with one from another state. A person moving to another state does not automatically divest a judge from jurisdiction over its own orders. One of the parties has to move to have the case transferred to another state.

                      Of course this is not true. UIFSA does not provide for this and you are unable to ever produce statute that says otherwise. The poster has done his own research that has led him to the proper answer. Yours is wildly incorrect. Leave the poster alone.

                      Comment


                      • #12
                        Re: Can chils support be modified in this way?

                        So I called Alaska CSSD. The lady on the phone was very rude. I got nowhere with her. I had a previous order of 572 that jumped to 838 in june 2013 due to a modification that was requested by my ex. I requested a modification December 2013 and it was denied because, and this is what the lady on the phone said "Alaska does not have jurisdiction to modify. So how was it allowed in june of 2013? But not in December of 2013? I make 2500 a month after taxes so 2500-838= 1662. My rent alone is 1200 a month. How am I supposed to support myself and 10 month old daughter who lives with me, off $462 a month? much less afford an attorney. I asked to speak to one of their attorneys, she said they don't have attorneys.

                        Comment


                        • #13
                          Re: Can chils support be modified in this way?

                          Originally posted by cocoprimo View Post
                          So I called Alaska CSSD. The lady on the phone was very rude. I got nowhere with her. I had a previous order of 572 that jumped to 838 in june 2013 due to a modification that was requested by my ex. I requested a modification December 2013 and it was denied because, and this is what the lady on the phone said "Alaska does not have jurisdiction to modify. So how was it allowed in june of 2013? But not in December of 2013? I make 2500 a month after taxes so 2500-838= 1662. My rent alone is 1200 a month. How am I supposed to support myself and 10 month old daughter who lives with me, off $462 a month? much less afford an attorney. I asked to speak to one of their attorneys, she said they don't have attorneys.

                          I suppose it's possible they don't, after all, it IS Alaska. It's improbable, but whatever.

                          Here's a link to Alaska's family law legal self help. Use it, abuse it.

                          Forms and Information About Child Support

                          here's another link:


                          http://courts.alaska.gov/support.htm#2

                          Comment


                          • #14
                            Re: Can chils support be modified in this way?

                            In all likelihood she said they don't have attorneys because they do not wish to get involved in discussing the case with a party. They represent the state so it would not be appropriate to give advice to a parent.

                            Comment


                            • #15
                              Re: Can chils support be modified in this way?

                              Originally posted by SupportAttyGuy View Post
                              Of course this is not true. UIFSA does not provide for this and you are unable to ever produce statute that says otherwise. The poster has done his own research that has led him to the proper answer. Yours is wildly incorrect. Leave the poster alone.
                              Which one? I haven't 'bothered' anyone but posted my replies to posts -- which is what I am required to do.

                              I maintain, unless and until one can prove otherwise, with dispositive authority, that once a court makes a custody/support order -- a superior court judge in all his omnipotence -- that jurisdiction remains with that judge/court until jurisdiction is relinquished.

                              If one can come up with dispositive or even compelling evidence otherwise, then we await eagerly that legal authority.

                              It is all fine and good to refer to acts of legislation, but how and if they apply to the case at hand must be definitively cited. From the Act or statute. In its black letters.

                              Comment

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