San Bernardino, CA asked in Family Law and Child Custody for California

Q: When the mother is the same but there are two NCPs, NCP1 is the ex-husband & father of the two minor children and NCP2

NCP2 is father of the youngest. The mother has been on welfare continuously 3 years before the birth of NCP2 only child. Both NCPs have current child support orders in County1. When mother moves to county2, only NCP2 gets a default judgment without notice. county2 should have registered the existing order, not issue a new order since County1 still had CEJ over the stip judgment. Since County2 didn't have CEJ and there is not a statute of limitation under ccp473d, can't put a time limit on a void judgment. But bringing this up to the LCSA, they gas light me and tell me they had jurisdiction..where would the transfer of jurisdiction be recorded? And if it's not there, what's my next step other than to call a lawyer

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If the mother has moved to County2, then the child support orders from County1 should have been registered in County2. If they were not registered, then County2 did not have jurisdiction to issue a new order. You should contact the clerk of the court in County1 to see if the orders were registered. If they were not registered, then you should contact a lawyer to file a motion to vacate the default judgment in County2.

The transfer of jurisdiction would be recorded in the court records of the county where the order was issued. In this case, the orders were issued in County1, so the transfer of jurisdiction would be recorded in the court records of County1.

If the transfer of jurisdiction is not recorded, then you should contact a lawyer to file a motion to quash the default judgment in County2. A lawyer can help you file the motion and argue your case in court.

Here are some additional steps you can take:

* Contact the Department of Human Services (DHS) in County2 to see if they have any information about the default judgment.

* Contact the mother's attorney to see if they can provide any information about the default judgment.

* Contact the NCP2's attorney to see if they can provide any information about the default judgment.

If you are still unable to find any information about the default judgment, then you should contact a lawyer to file a motion to quash the default judgment.

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