Does state law where the order for child support was entered or where the child lives apply?

03/10/2009 - Category:Divorce - Child Custody - State: IN #15526

Full Question:

Child support order issued in Indiana.Child now resides in Kentucky and attends college. Since original order was issued in the state of Indiana, I understand that its laws apply as to age of majority where support is concerned (21). However, which state's laws would apply to any post-age 21 (i.e., college expenses) support -- Indiana or Kentucky?

Answer:

The state that issued the divorce decree will continue to have jurisdiction and apply its laws to a divorce decree. However, it is possible to have jurisdiction transferred to another state, such as when all parties no longer reside in the issuing state. If a forum has modification jurisdiction because the issuing state has lost continuing, exclusive jurisdiction, the proceedings will generally follow the new forum's local law with regard to interpretation and modification of child support orders.

Please see the information at the following links:

http://definitions.uslegal.com/u/uniform-interstate-family-support-act/
http://definitions.uslegal.com/c/child-custody-and-support/
http://definitions.uslegal.com/m/modification-of-divorce-decree/
http://search.cga.state.ct.us/dtsearch.asp?cmd=getdoc&DocId=32346&Index= I%3a%5czindex%5c2001&HitCount=0&hits=&hc=0&req=&Item=833
http://www.supportguidelines.com/articles/article.html

03/10/2009 - Category: Child Custody - State: IN #15526

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