Q: How do I transfer my child support case out of CA?
My child support case was originally established in CA, I have moved to FL and was told I need to have CA release the case so that FL can accept it. However, no one can tell me how to do that or what forms I need to fill out. Someone please help me.
I'm assuming you are the same person who asked this same question regarding your custody case. Unfortunately, the answer is not the same with respect to your child support case. Once acquired in a proceeding where child support is in issue, California superior court jurisdiction over child support continues throughout the child's minority. Only one state can have child support jurisdiction at any given point in time. Exclusive continuing jurisdiction over child support remains with the state that first issued the child support order. To change that jurisdiction, the parties must file a written consent with the issuing state (California) for another state to modify the order and assume continuing exclusive jurisdiction over the order.
Federal law requires uniform statewide "guidelines" to be applied in any judicial or administrative proceeding for the award of child support. [42 USC §667(b)(2)] California courts must adhere to Family Code §4050 when adjudicating any kind of support award in any child support proceeding. In determining the appropriate amount of child support, all California courts must adhere to the statewide uniform guideline.
Family Code §5700.205
(b) A tribunal of this state that has issued a child-support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:
(1) all of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction;
You are correct. If the support order was originally issued in CA and you have since moved to FL, then the UCCJA (Uniform Child Custody Jurisdiction Action) comes into play. The UCCJA was passed and every state had a right to adopt some form of the federal law. Each state then has in it's statutes some form of the federal UCCJA law. If you have established residency in FL, and the minor child(ren) have been in FL for > 6 months, Florida then is the childrens' "home state." The UCCJA provides that where ever the child's home state is, is where the litigation will be. So, that's what I believe the answer to this question is.
As far as any forms to do this, I don't know of any. You are also correct that California will need to "release" it's jurisdiction over the case before the Florida judge will make any decisions on it. The UCCJA envisions the two judges in each state, actually communicating with each other about which state will assume jurisdiction from now on. So, here's what I would do. I would contact a family law attorney in Florida. Tell them you want to have a California judgement registered in Florida. Tell them that you would like to have child support decided from Florida from now on. They will take a Certified, Conformed copy of the California judgment and file it in the Florida court. Then tell the Florida attorney that you would like them to file a MOTION TO MODIFY CUSTODY, or MOTION TO MODIFY SUPPORT, in the Florida Court. When the attorney files the Petition in Florida that attorney will have to do the Petition. The Petition MUST give Florida jurisdiction. The Judge in Florida will read the Petition and look carefully and thoughtfully, when the Florida attorney writes that, "there was previously filed and adjudicated, a child support order in the State of California." The Florida judge's eyes will open WIDE as he reads. He will ask his clerk to immediately vet the California judgment. He will ask his Clerk to Vet you and find out how long you have lived in Florida with your children. ONLY when his Clerk gets him all of this information, will he call the judge in California and tell him that he believes that Florida now has the jurisdiction over the matter. If the CA judge agrees, then you will receive a court date from the Florida court to appear, and you're off to the races! Good luck to you!
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