Legal Question in Family Law in California

Jurisdiction of Child Support Awarded

I am a non-custodial parent of 2 wonderful kids. When I divorced in CA, I moved to NV. I have faithfully paid my support, but my ex-wife is asking for more. According to guidelines, it may double to over $1,700 per month.

Since I live in NV, I am surprised that CA has jurisdiction. Can I successfully petition for a lower amount of support in NV?


Asked on 5/06/04, 5:50 pm

3 Answers from Attorneys

Damian Nolan Law Offices of Damian M. Nolan

Re: Jurisdiction of Child Support Awarded

A California court made the order, the children reside in California and therefore, the California court will retain jurisdiction.

The mother has every right to seek a modification of support to guideline amounts based upon current circumstances. I have no idea if your own calculation of more than $1,700.00 per month is accurate - it may not be.

In any event, I strongly advise that you consult with a competent family law attorney to assist you. It is possible that you would not even have to make a personal appearance here in California.

Regards, Damian nolan

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Answered on 5/08/04, 2:24 pm
James Smith James E. Smith Ltd.

Re: Jurisdiction of Child Support Awarded

The Court that grants the divorce or custody retains jurisdiction over the child support until both parents and the children move out of that state. Nevada would have no jurisdiction over either the children or their mother so you cannot modify child support to Nevada's guidelines

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Answered on 5/06/04, 7:02 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Jurisdiction of Child Support Awarded

If the original order was in California and the custodial parent or the children are in California, California will retain jurisdiction over child support. Make sure you talk to an attorney who has substantial experience in child support, and practices in the county where the current court order has been made, before you sign any agreement. If there is a hearing you would be doing well to retain an attorney. He may be able to handle the hearing without your presence. Good Luck, Pat McCrary

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Answered on 5/06/04, 7:03 pm


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