Legal Question in Family Law in California

I was divorced 3 years ago in Washoe County Nevada, my ex-husband received primary care of our 3 children. An order of $600 per month was up held. During the last 8 months I lost my job and my current husband and I moved to Los Angeles. My husband and I recently found out he has a terminal illness, with him unable to work and me with no job there have been times we have been literally homeless. During this time my child support has been paid be it via unemployment or any way we can scrape up the money. Where do I go to file to lower my support payments, would it be Wahoe County, Los Angeles County or Douglas County (where my children live)?

Also I was order a $10,000 back pay from the time we separated until the support was ordered. Am responsible for all of that even though he did not have custody of the children the whole time? His parents had custody at some times and he was and still is living rent free at his parents home. He does have a full time job and my children are well taken care of. I do not have a problem providing for my children, but at this time I just can not afford it. Please advise me on what my actions are.


Asked on 4/07/10, 10:23 am

1 Answer from Attorneys

You need to seek relief in Washoe County Nevada, unless Nevada law has a provision that jurisdiciton moves witht the children (which would be a HIGHLY unusual law). You could probably have the case transferred to Douglas County, but that would probably be more trouble and expense than it is worth. There is no way California courts would have jurisdiction, unless the children were moved to California AND someone petitioned the Nevada courts to give up jurisdiction AND the Nevada courts agreed.

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Answered on 4/12/10, 10:34 am


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