Legal Question in Family Law in California
My former spouse and I divorced in San Diego, Ca. She moved back to Canada where she is from. She is now using Canada lawyers to represent her for more support payments from me. Do they have the legal right? I am from the US, how can they enforce things from canada?
3 Answers from Attorneys
Canadian courts are not given full faith and credit in U.S. state courts. Thus, any proceeding in Canada likely does not have validity in a U.S. court. Canadian lawyers are not licensed to practice in California courts; hence, they cannot represent parties in these courts. (Similarly, a California-licensed lawyer lacks jurisdiction in a Canadian court.)
In my experience, the Canadian child support order will be sent to California for enforcement. The California department of child support will open a case in California and obtain a California child support order.
I am unsure of whether you are stating that the Canadian attorneys have file an action or they are just communicating with you. If you still live in California, only the California courts have jurisdiction to modify any support order and therefore a motion must be filed here, probably in the County that you live. Quick answer to your question is, yes, they may contact you and correspond with you about support, but no, absent circumstances that you do not describe and are hardly imaginable, they can do nothing other than retain an attorney or go through the Department of Child Support Services to modify the order. However, you should have a consultation with a family law attorney to get a good idea of what would happen if a motion were to be filed. You may be able to negotiate a better support order that the order that you would receive from the court. Good Luck, Pat McCrary