Legal Question in Family Law in California
Change of Venue - post divorce
I am divorced, living in Kansas with my son. My ex lives in California still - we were living there together until the divorce. He consistently fails to pay child support and has no regular contact with our son. He has seen him twice since our son was 8 months old - he is five now. What steps are needed to change the jurisdiction to Kansas since this is where we live so it will be easier for me to try to enforce support orders? Kansas should have jurisdiction over us now instead of California, shouldn't it? I don't know a whole lot about family law so any information provided will be tremendously appreciated.
3 Answers from Attorneys
Re: Change of Venue - post divorce
You imply that the divorce was in CA. If that is the case, you cannot use KS courts to modify or enforce c/s. You can use KS courts to modify custody or visitation under the UCCJEA or UCCJA, depending on what legislation KS has adopted and how long you and the child have been living there.
You do have some options. If you can afford it, you can hire a lawyer in CA to enforce and/or modify the c/s. If not, you can go to the local KS c/s enforcement agency. They will then coordinate with the CA c/s enforcement agency to collect support. That method is slow, depending on which CA county is involved, but they have a lot of power, like the ability to revoke his driver's license.
Re: Change of Venue - post divorce
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://home.pacbell.net/edbjr/ OR
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 --
When it involves child custody, visitation, and support, the state that made the original order will usually retain jurisdication, unless and until BOTH parents and the child leave that state. There may be exceptions under certain circumstances. Contact an experienced Family Law attorney in the county where the order originated for specific advice and possible representation on your behalf.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: Change of Venue - post divorce
Actually, it is going to be easiest to enforce support where the obligor resides, because that is where his money is. What good is it going to do you if you get a judgment of support in Kansas? The government of Kansas cannot go into California and start seizing wages, bank accounts or property; only the government of the state where those things are at has the authority to seize those things. You can get a full faith and credit order in any state the obligor resides and thereby seize his money and stuff.