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Modifying an out of state divorce decree...

I got divorced in 2009 in Maine, I live in MA and have since before the divorce was final. Now I want to modify a couple things here and I would hate to have to travel back up to maine to do this. The Ex lives in Maine still, he pays shit for childsupport 90 a week for 2 kids..thats 90 total a week... he was making crap for money before the divorce but ha s sincs gained better employment racking in all sorts of overtime and whatnot. Also driving to NH to meet on everyother weekend for a sat-sun visit is ridiculous seeing as half the time he doesnt even take them and there have been times i drive up there and hes a no show. Anyone know if I can file the modification down here or am I screwed?

 
LenaMommyof3

Asked by LenaMommyof3 at 8:37 AM on Apr. 21, 2011 in Relationships

Level 8 (242 Credits)
This question is closed.
Answers (8)
  • No, you can't. You can *try* to get jurisdiction moved to MA, but with the ex still in Maine the odds are pretty slim that Maine will allow it..

    You can also appear telephonically if you file the proper papers and Maine gives the okay...which they probably will.
    desert_diva

    Answer by desert_diva at 8:40 AM on Apr. 21, 2011

  • Maine probably has all of the papers you need to file online at the court's site, or at the state law library's site. You can mail in all of the papers(two copies of each) and the court clercks will see that they get filed with the proper offices.
    desert_diva

    Answer by desert_diva at 8:42 AM on Apr. 21, 2011

  • You have to use a lawyer if you want to modify the CS amount. The ex has to be making 30% more $ to get it adjusted as well.
    vbruno

    Answer by vbruno at 8:45 AM on Apr. 21, 2011

  • If its for child support then no you don thave to go up. What you do is go to MA child support enforcement and open a case. Tell them you want a modification. They work with Maine, and serve him. Maine will redo his child support obligation based on his current income and have you fill out forms. Child support enforcement will go to court on your behalf with your forms and paperwork. They then set a new order for support, and send a copy to MA. It can take time, and alot of phone calls, but you dont have to go there.

    I divorced in KY, live in NC, child supp is through KY, and my NC child support office handles it all.
    gemgem

    Answer by gemgem at 8:46 AM on Apr. 21, 2011

  • Normally the state and county in which it was issued retains jurisdiction.

    Like PP states, you can get papers to appear by phone. And regardless that he doesn't pay much or doesn't show up half of the time, he still pays and does see them from time to time. Unless you have documented the times that he didn't show, you really cannot prove it.
    Start keeping a journal of when he doesn't show up. Take that to court and you can possibly get the order changed more in your favor. As for support, it is based upon his income in Illinois and set rate is 20%-1st child, 28%-2 children....IDK what Maine law is.
    Jademom07

    Answer by Jademom07 at 8:49 AM on Apr. 21, 2011

  • Contact an attorney who has experience with cross state child support and custody issues. Unless someone here is an attorney for BOTH states, they have NO idea what needs to be done or what will be done. EVERY STATE and SITUATION is different.
    tyfry7496

    Answer by tyfry7496 at 8:51 AM on Apr. 21, 2011

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    kbishop8688

    Answer by kbishop8688 at 8:58 AM on Apr. 21, 2011

  • Just figured it out. I dont have to do a thing but fill out some papers. He is getting his money taken out of his check each week so Child support enforcement is going to file the modification for me, make my court apperance for me, all that fun stuff. Thanks for the help!
    LenaMommyof3

    Comment by LenaMommyof3 (original poster) at 9:01 AM on Apr. 21, 2011

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