Hello, I would like to inquire about how it is determined which court will have continuing jurisdiction over a child support case. My case was originally established in Nevada, which is where both the mother and I live. The mother is going to be moving to California with our child. If she applies for a change to the support order after she moves, will the support order continue through Nevada, or will California take over the case? As a second question, if I follow them to California, will the case then be moved to California, or would it stay in Nevada?
2 Answers from Attorneys
If you stay in Nevada, it will stay in Nevada. If you move to another state, it will go to California, probably. It could go to a state that you move to.
Mr. Cogan is correct. If you both move to CA, it would gain modification jurisdiction; if both of you leave, each of you would be required to move to modify the award where the other party moved. For details, see "The Basics of Family Law Jurisdiction" posted on the child support page of our firm website.