Legal Question in Family Law in California
Can my ex require me to pay child support?
While I was living in Alabama, my spouse and I received a divorce and I was given primary residential custodian of my 10 year old child (with joint custody for both me and my spouse). A year later, my son was wanting to go back out to California to live with his father, so I agreed to change custody to his father and the agreement signed by the judge stated that I would not owe any child support to him. Well, 9 months later he is asking a California court to order child support. Can he do this when we had an agreement I would not pay any child support? Thank you for your help.
2 Answers from Attorneys
Re: Can my ex require me to pay child support?
If you are still living in Alabama, he can almost certainly not modify the child support order of the Alabama court. Otherwise it is rather doubtful, but would depend upon more specific facts. If you ex has filed a motion in California you will need to retain an attorney to contest the jurisdiction. Be very careful, if you make any "appearrance" in the California court that may be sufficient to obtain jurisdiction over you. Good Luck, Pat McCrary
Re: Can my ex require me to pay child support?
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
Yes he can, as long as he can show that there has been a change of circumstances since the prior order. However, if a California court did not make the prior order regarding the child, there may be a question of jurisdiction. Contact a family law attorney who practices in the California County where the new action is pending for more specific information.
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