questions & answers

Question: I have lived and worked in AZ since July 2009. My Ex-wife has not lived in CA. for over 8 years. She is the custodial parent of my 2 boys, one is 19 and the other is 17. I have a child support case in CA and they just garnished my wages and when I called them to transfer my case to AZ. They told me that I couldn't and that they had to transfer it to the custoodial parent's state. Well, I think she lives in Texas, but I have no contact with her or my boys. So, what I need to know is what do I have to do to get my case transfered out of CA. So, that I can do a modify my child support amount.

Answer: Generally, each state has different family laws. However, if the California courts entered an initial custody order, it would give CA exclusive continuing jurisdiction over any additional custody and child support matters. However, a party can get jurisdiction in another state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) if he or she can prove that there are no longer any significant connections between the child or the parent and the state that currently has jurisdiction. It is probably best to consult an attorney who can help you determine where your children now reside and where they have significant connections. An attorney can also help you petition the court in California and ask that jurisdiction be transferred.