Fallbrook, CA asked in Family Law for California

Q: Can my ex wife open a child support case in California when Idaho has found that they have jurisdiction?

I live in California and my ex wife and kids live in Idaho with her current husband. We went through a child support modification in which Idaho found that they, not California, have jurisdication. I don't know if this matters but our divorce, custody and visitation was all handled by the Idaho court system. My ex is now opening a case with California for child support. Can she do this even thouh Idaho says they have jurisdication?

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1 Lawyer Answer
Ute Ferdig
Ute Ferdig
  • Newcastle, CA
  • Licensed in California

A: Is she asking for the California court to issue a new child support order that is different from the Idaho order or is she asking for the California court to enforce the Idaho child support order? Since your divorce and child support were handled by the Idaho courts and your ex wife and children still reside there, Idaho support guidelines should apply because Idaho has continuous exclusive jurisdiction. If you respond to the child support motion, you should make it clear that you are not making a general appearance and that you are appearing for the sole purpose of challenging jurisdiction to modify child support. I would recommend that you hire an attorney to represent you. If you don't have the money to do so, you may want to consider a Prepaid Legal membership (only $17/month) which would entitle you to ask questions on unlimited # of issues of an attorney and they can help you represent yourself. You can ask questions involving laws in all 50 states, which means you can also ask questions pertaining to Idaho child support law. To sign up, you can go to www.16or25.com Call me if you have questions.

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