Legal Question in Family Law in California
My ex-wife disappeared with my two kids, ages 3 and 4 in Ohio. After 5 years of trying to find them, I eventually moved to California with no hope of ever seeing them again. After 17 years she resurfaced and proceeded to sue me for back support through the Ohio courts in California. The California court ruled I did not owe any back support. The child support agency in Ohio has ignored the California court�s ruling and over the past 25 years have been seizing my checking account, confiscating my tax refunds and wherever I work try to garnish my wages, so far they have got $13,000. Has Ohio been violating my civil rights? If so, can I sue them to get my money back? Can I also sue for damages?
1 Answer from Attorneys
That is a very hard one. You should post your case number because it is difficult to understand since
1-jurisdiction is determined by the child's state not the obliger's state So I don't know how the CA had jurisdiction.
2- California Supreme Court has a case identical in facts after 10 yrs the mother sued and got support so I don't know how the appellate court said differently
3- Under the UCCJEA it would preempt any decision by that CA ruling regardless.