Legal Question in Family Law in California
I am in the military and just got married in california but am moving to washington. My husband's ex wife and daughter live in Lousiana. Do I have to pay his child support? Dose this change whenever I move to a new state?
1 Answer from Attorneys
Child support is determined in the state where the divorce happened. As long as the children or one spouse lives in that state, that state keeps the case and the law of that state applies. If both spouses leave that state, they can, but are not required to, ask the courts to transfer the support case to the new state where the children live. If they do that, the law of the new state where the children live will control the case. Where the parent who does not have the children lives doesn't matter. I know of no state where a new spouse's income is involved in child support calculation or payments, except when the new spouse's income is put in joint accounts with the paying spouse, and the paying spouse gets behind and they start collections against all the accounts the paying spouse is listed on. You would have to check with a lawyer in the state where the support order was issued, to be sure, though.