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Roy N. Martin, Attorney and Counselor at Law

Roy N. Martin, Attorney At Law, Roy Martin is a graduate of Johns Hopkins University (Bachelor’s Degree, 1985: Biology, Chemistry, Physics and Math), and of the University of Arizona, (Juris Doctorate, 1996 Magna Cum Laude). Having excelled in law school, graduating 13th in a class of 164, and having served on law review, he chose to practice domestic relations law based on his own personal experience. In his first year of law school, he went through a very difficult divorce. He went back to court to re-litigate custody in his second year of law school. He completed law school while serving as the sole custodian of his two children. He now practices law while raising his children on his own.

(Although Roy Martin is an attorney, he cannot provide legal advice in this Forum. Therefore, the information posted here shall not be deemed legal advice and does not substitute for a thorough legal consultation with a competent domestic relations attorney. Exchanging information with Mr. Martin shall not result in your establishment of an attorney-client relationship with him, nor shall it prevent Mr. Martin from entering an attorney-client relationship with your spouse. Information posted in this Forum is not confidential. Therefore, do not post anything you wouldn't want your spouse, the court, or anyone else to know. Legal information provided by Mr. Martin is specific to the State of Arizona, and shall be presumed invalid in all other jurisdictions.)

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#221982 - 07/09/09 05:33 PM Moving jurisdiction from California to Arizona
RyanL Offline
New User

Registered: 07/09/09
Posts: 1
My ex-wife and I were divorced in California back in 1999. During that time she had relocated with my daughter to Wisconsin and I remained in California until April of 2006. I then relocated to Arizona. In 2000, she petitioned the California court to move jurisdiction of Child Custoday to Wisconsin but kept Child Support jurisdiction in California.
Recently she has decided to take me back to court to increase the amount of money for child support, only she filed for this in Wisconsin. The commissioner we met with let both of us know that Wisconsin does not have jurisdiction over our Child support settlement as it was still filed in California. She is now trying to get Child support moved to Wisconsin. My question is this, can Wisconsin obtain jurisdiciton over child support when I am a resident of Arizona? Don't I have the right to have it moved to Arizona since I am the payor and Arizona has jurisdiction over me? I have never lived in Wisconsin and have never been a resident of Wisconsin.
What options do I have?

Best regards,
Ryan

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#222039 - 07/10/09 12:14 PM Re: Moving jurisdiction from California to Arizona [Re: RyanL]
astrolink Offline
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Registered: 06/03/03
Posts: 5742
Child support jurisdiction normally stays in the state it was issued (CA in your case). It is sometimes transfered to the state the child resides in (WI), and not where you, the non-custodial parent lives (AZ). Your ex wants it in WI, because in order to make a CS change as things stand, the hearing would be in CA. Once transferred to WI, hearings will take place there.

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#225448 - 09/22/09 03:49 PM Re: Moving jurisdiction from California to Arizona [Re: astrolink]
RoyMartin Moderator Offline
AZ Forum Moderator
Member

Registered: 01/28/06
Posts: 157
Jurisdictional issues are complex. There's an interstate compact which is invoked when the AG gets involved. If one state has jurisdiction over the child, but it has no jurisdiction over the parent, I could see that state applying the law of the parent's state pursuant to the compact. I could see the matter being brought through the AG in the parent's state, in which case the court would apply its own laws. I've seen times when a foreign court should apply the laws of another state but chooses to apply its own anyway. If that happens, one may have an issue for appeal.

Under the UCCJEA, the original court that had jurisdiction loses it when both parents and the child relocate outside the state.


Edited by RoyMartin (09/22/09 03:50 PM)
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Roy N. Martin, Esq.
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