Legal Question in Family Law in California

Re: Family law change of venue

I am the father of a 12 year old son, and both I and his mother stipulated to 50/50 custody which the family court in Sacramento accepted and turned into an order. The order includes me paying child support, which is paid privately between me and the mother. Both she and I live within 5 minutes of each other, but we moved hundreds of miles away from the court which issued the order (in 2008). She and I have lived in Orange County now for the last almost 4 years. Recently I became unemployed and need to request a temporary suspension of the support order, until I can regain employment. Am I required to file a motion in the original court (Sacramento County), or can I do so where both parents live now (Orange County), and have lived for 4 years?


Asked on 4/16/15, 11:06 am

2 Answers from Attorneys

You need to file it in the original court unless you want to first file for a change of venue and then wait for that to process through and the case to transfer before you can apply for the support modification. If your ex is OK with it, you can just file a stipulated order up in Sacramento without a court appearance. You probably want to pay an attorney a few hundred dollars to help you with that to make sure it goes through and has all the proper attachments.

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Answered on 4/16/15, 1:47 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Mr. McCormick covered at all. When you are lucky enough to get him to answer, he is usually right. He has about 20 years experience on me so I can't even compare; however, I just looked this up and he has precedent to back him.

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Answered on 4/16/15, 11:15 pm


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