Q: Am I required to pay support under California Family Code 3550?
I am a resident of Washington State with no presence in California. There is no current child support or spousal support order, no related legal proceedings, and no prior court involvement or arrangements made between me and the obligee. Am I required to pay support as an obligor to an obligee in California under California Family Code 3550?
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- California
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A: If there is no current child support order that mandates you to pay child support then no, you are not legally obligated to pay child support.
Tobie B. Waxman agrees with this answer
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- California
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A:
California Family Code 3550 establishes the duty of parents to support their minor children, but jurisdiction is a critical factor in determining whether you're required to pay support in this situation. Since you reside in Washington State with no presence in California, California courts would typically need to establish proper jurisdiction over you before enforcing any support obligations.
Without a current support order, ongoing legal proceedings, or prior court involvement, California would likely face challenges asserting jurisdiction. Interstate support cases often fall under the Uniform Interstate Family Support Act (UIFSA), which has specific rules about which state can issue and enforce support orders when parents live in different states.
Given these circumstances, you may not be automatically subject to California's support requirements merely because an obligee resides there. However, this area of law involves complex jurisdictional questions that depend on many specific details. I recommend consulting with a family law attorney familiar with interstate support issues who can review your exact situation and provide guidance tailored to your circumstances.
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