Full question:
Can my friend, a divorced woman of 8 years who was divorced against her wishes in Texas and who received a less than adequate financial arrangement there, file a petition for child support here in California? She has raised her 2 sons here for 8 years (98% of the time) on her own with little monetary help from the father who makes decent money and lives in Idaho. She and the kids are struggling.
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: California
Answer:
The state that first issues a support order keeps "continuing exclusive jurisdiction" as long as one party lives there or both parties agree to move jurisdiction. In modification cases, the laws of the state with continuing exclusive jurisdiction apply to the duty of support. However, for enforcement, the laws of the state enforcing the order will govern.
The Uniform Interstate Family Support Act (UIFSA) allows all states to initiate support actions. The custodial parent can file a petition in their local court, which is then sent to the state where the non-custodial parent (obligor) resides. UIFSA can establish a support obligation, enforce an existing order, or help locate the parent.
Once a support order is issued, it can be registered in any other UIFSA state for enforcement. Registration does not give the enforcing state the authority to modify the order. The initiating state retains continuing exclusive jurisdiction, even if the obligor lives elsewhere.
A motion to modify a support order can be filed if there is a significant change in circumstances.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.