Legal Question in Family Law in California
venue change
I currently have custody of my two boys and live in Nevada. The prior custody arrangements are filed in California (where their mother lives). There is currently no child support order and she doesn't provide anything for them. I want to file for child support through Nevada as there is a minimum amount she would have to pay regardless of what either of our salaries are. If I filed in California I would have to pay her under their guidelines. I want to start by filing a venue change, however I am sure that she will know why I am doing it and make up some reason to the judge why he shouldn't grant it. My question is ''are venue changes normally granted if the children live in a different area''? Or how can I go about getting it approved? We are only talking about $200 per month so if I can do it without an attorney it would be advantageous. Thank you.
2 Answers from Attorneys
Re: venue change
The whole matter should be handled from California. The Uniform Child Custody Jurisdiction Act (UCCJA) states that jurisdiction remains in the state where the custody order was entered provided at least one parent still resides there (i.e. California as long as your ex resides there). The UIFSA (Uniform act for enforcement of child support) states that jurisdiction for child support lies where the party who should pay the support (your ex) resides, ie. California.
Re: venue change
You probably cannot change venue outside of California on the child support. California, as all states because it is required by Federal law, also has mandatory child support guidelines which calculate a minumum. You should get a consultation with an attorney who practices in the county where the current order is filed to determine what the guideline child support should be. At that time you can make a decision on whether you should file a motion. Good Luck, Pat McCrary
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