Legal Question in Family Law in California

Re: Can two states have child support orders on the same child?

YOUR QUESTION:

Can two states have child support orders on the same child?

ANSWER: NO.

Pursuant to the Uniform Interstate Family Support Act (which has been enacted by every state in the nation), if neither party any longer resides in the state the issued the support order (Arizona in your case), that state no longer has any authority to modify the order. If mother is in California and father is in Oregon, the party seeking to modify the Arizona order would have to register the Arizona order in the state in which the other party resides and then move for modification through the courts of the state in which the non-moving party resides.

So, if Dad seeks a modification of the Arizona support order, has to do so through the courts of California, the state in which Mom (the non-moving party) resides. And if Mom is the one who is seeking to modify the Arizona order, she would have to do so in Oregon, the state in which Dad (the non-moving party resides).

If mother is not seeking modification of support and simply seeks enforcement of the Arizona order, all she has to do is take her Arizona order to support enforcement authorities in California and request support enforcement services. California will then forward the Arizona order to Oregon and ask Oregon�s Division and Child Support to enforce the Arizona support order against the Oregon obligor for the benefit of the California obligee.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

E-mail: [email protected]