Legal Question in Family Law in Kansas

Re: Divorced in another state; disparity of income

I'm a bit rusty at this, but briefly what happens when both parents, and children, have taken residency in states other than the court which holds 'original jurisdiction over the children', a Petition to Modify child support can be filed in the Court of original jurisdiction (KS) w/request that the venue of the matter be shifted to another state. Your motion might also be filed in the States of CA or AZ. The judge in the State of original jurisdiction will contact the judge in the proposed jurisdiction and discuss whether a venue change is appropriate; the considerations are: where the children are present a majority of the time, medical and school records kept, extended family suport. . .etc. Your aty friend is probably more knowledgeable about CA domestic law. . .there my be alternative remedies. I assume he/she is referring to an emergency application for jurisdiction. . .is there abuse of the children involved? You really need to contact counsel in CA with details of your Decree. A caution: you might check child support calculations in the States of AZ and CA and compare them to KS. . .the old addage: careful, you might get that for which you ask! The calculations might end up being increased in those states as I would presume the standard of living would be higher. Modification of CS in KS is considered based upon "a change in circumstances", which means approximately and increase/decrease of 10% of either income. Hope this helps. . .see counsel professionally b4 plunging.

Re: Divorced in another state; disparity of income

I do not believe the other atty's answer was responsive to your question, which I take to be: can you modify c/s and can you do it in CA.

The first: Yes

The second: no

CA has no in personum jurisdiction over your ex. Just happening to be here is not sufficient. Here is what you can do:

1. Retain counsel in KS to modify c/s. KS still has jurisdiction over both of you.

or

2. Retain counsel in AZ. Have a certified copy of the KS judgment registered there and obtain an AZ case number. At the same time, file a motion to modify c/s. AZ, obviously, has jurisdiction over her and, if you do it this way, over you.

I do not know what the result would be in either state. In CA, with a 20% timeshare, she would be ordered to pay you c/s of about $1000/mo, plus as much as $17,000/mo alimony if that were applicable.