Legal Question in Family Law in California

out-of-state child support

When suing for child support when the non-custodial parent lives in a different state then the child, must the legal paperwork be initiated in the child's home state or could it originate in the non-custodial parent's home state?


Asked on 7/14/03, 11:42 am

3 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: out-of-state child support

If you are modifying an old order, you have to modify it in the court that issued it. If there is no order for support, then you would want to file in the jurisdiction where the child resides.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 7/14/03, 2:47 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: out-of-state child support

The action may be brought in the child's home state only if the father has significant contacts (a legal term) with that state. Significant contacts could mean having lived in that state or the child conceived in the state. If there are no significant contacts of the father in the child's home state then the action must be brought in the state of the father. The action for child support could always be brought in the state of the father, if that is the desire of the mother. Good Luck, Pat McCrary

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Answered on 7/15/03, 11:07 am
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: out-of-state child support

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The court in the state that made the first order regarding the child has exclusive and continuing jurisdication as long as the child and/or either of the parents reside in that state. Otherwise the order would be made or modified in the child's "home state" (which is a term of art).

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 7/23/03, 5:48 pm


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