Legal Question in Family Law in California
married in Philippines, divorce in Sacramento ca, mother and baby movie back to Philippines, mother not show up in court, Sacramento ca, order to pay $896 in child support.
question? I want to movie out of the state of Ca. ? can I and work in tennessee?
question? Mother and child home state is Philippines. will the child support go to the home state of the child?
question? do I have to sell my house in ca. ? so ca will not have personly jurisdiction over me
Full Faith and Credit for Child Support Orders Act (FFCCSOA)
the tribunal that originally issued the order no longer has continuing, exclusive jurisdiction over the order either because the child and the parties to the case are no longer residents of the issuing State,
If an order is "made consistently" with the FFCCSOA under subSection(c), then, under subSection (d), the originating court has continuing, exclusive jurisdctionover the order if the state is the child's state or the residence of any party, unless the courtof another state, acting in accordance with subSections (e) and (f), modified the childsupport order.
1 Answer from Attorneys
Your case is rather complex. Whenever you get into multiple jurisdictions you have a complex case. You might benefit from speaking with a local attorney in your area about these issues. If you are living in CA and the support order is made in CA, it will be enforced, presumably by child support services. I would imagine it does not matter that the mother lives in a nother country because she can collect the payments in the Philpines. You may look into modifying the support order if you move to a different state or according to FIlipino law. You should file to have visitation rights enforced however, she can't leave without letting you see your child.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/