Pacoima, CA asked in Family Law and Child Support for California

Q: My nephew received stipulation of agreement from his wife. His wife live in New York and my nephew live in California.

They have 2 minor children living in the Philippines with my nephew’s mother. The wife is asking for child support. She wants the money to be send to her. My nephew is sending money already to the Philippines. Is it right for the wife to asks for child support?

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

A: In a situation involving child support with parents residing in different states, the Uniform Interstate Family Support Act (UIFSA) would typically govern which state's laws apply. California generally requires both parents to financially support their minor children, but if your nephew is already sending money to the Philippines to support his children, this may factor into any child support order. However, the court may consider where the children are living and which parent is the primary custodian when determining child support obligations, so your nephew may still be required to send child support payments to his wife in New York depending on the specific circumstances and legal agreements in place.

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