Legal Question in Family Law in California

Child Support for a child living in our home

My husbands youngest daughter has been living with us in Mississippi for 2 1/2 months. Child support is still being taken out of my husbands paycheck and is sent to his ex. She notified the Child Support Division of San Joaquin County in California regarding the custody change, and they claimed they needed proof of the child having been enrolled in school in this state. That was faxed 2 weeks ago, and the support order has not changed. What, if any, are the legal steps we can take against the Child Support Division? They have appropriated our Income Tax Return for the last 4 years, amounting to over $4000, yet we have never seen that reflected on my husbands monthly statements. Back in 2000 they also charged us child support for the oldest daughter who was living in our home at that time. It took us 10 months to get them to change the order. We cant wait for 10 months this time around, for the $400+ that is being taken out of my husbands check each month is causing us a severe finanical hardship.


Asked on 7/23/04, 8:47 am

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Child Support for a child living in our home

Under the Uniform Interstate Family Support Act, it appears Mississippi and the State of the Mother's residence would have continuing exclusive jurisdiction over modification of child support. Mississippi's jurisdiction would depend on whether the issuance of a modification order is the same as "issuing a support order." If a modification order is obtained in Mississippi, it should control over the California order if the child resides in Mississippi. However, the term "reside" is not defined in this particular law. This action should eliminate your child support obligation. You may also be able to have the Mississippi Court rule on your claim for credits.

Regarding modification of custody, it can also be accomplished by a Mississippi court if there is available in this state substantial evidence concerning the child's present or future care, protection, training and personal relationships

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Answered on 7/23/04, 3:53 pm


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