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Who has juristiction

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VANCAM1

Member
What is the name of your state? CA
If there is no current child support in one county yet a court date is still set in said county can the CP file for child support in another county? The current child support order is $0.00
 


I AM ALWAYS LIABLE

Senior Member
VANCAM1 said:
What is the name of your state? CA
If there is no current child support in one county yet a court date is still set in said county can the CP file for child support in another county? The current child support order is $0.00


My response:

The county having jurisdiction over the child is the county where the child has been living for the past three months at the time of filing.

IAAL
 

VANCAM1

Member
My husband was awarded sole legal/physical custody of his son and two days later the mother filed for child support in another county. He sent the second county copies stating that he has custody and that the original county has juristiction and he will not send his arrears payments to them.My husband left for boot camp 2 months ago and was forced to give the mother temp custody while he is gone. I then got a call from the 2nd county asking my husband to call them back. I called and told them that he was gone and she asked me the case #. I said that ther isn't one and she said that there was. When he first got the papers stating to send the arrears to the second county it had a case #. will this case exist eventhough it should have never been filed? My husband has paid off all of his arrears and there is a current $0 order. Could she have started another case and not have sent him any paperwork? County #2 will only answer my questions if I get him to give me permission but I don't want him to worry about this right now. Besides by the time I send him a paper to give me permission and he sends it back, he will be on leave for 10 days.
 

LdiJ

Senior Member
VANCAM1 said:
My husband was awarded sole legal/physical custody of his son and two days later the mother filed for child support in another county. He sent the second county copies stating that he has custody and that the original county has juristiction and he will not send his arrears payments to them.My husband left for boot camp 2 months ago and was forced to give the mother temp custody while he is gone. I then got a call from the 2nd county asking my husband to call them back. I called and told them that he was gone and she asked me the case #. I said that ther isn't one and she said that there was. When he first got the papers stating to send the arrears to the second county it had a case #. will this case exist eventhough it should have never been filed? My husband has paid off all of his arrears and there is a current $0 order. Could she have started another case and not have sent him any paperwork? County #2 will only answer my questions if I get him to give me permission but I don't want him to worry about this right now. Besides by the time I send him a paper to give me permission and he sends it back, he will be on leave for 10 days.

This could get complicated. Is your husband going to be deployed after he finishes boot camp? I think it would be wise to consult an attorney.
 

rmet4nzkx

Senior Member
Who has physical custody of the child while dad is in bootcamp? If mom does, she is entitled to file for support even while he is in bootcamp.
If you had given all the information in your original question, jurisdiction might be determined, because it is different with the fact that the father is in the military.
Please answer the following questions:
What county granted your husband sole custody & when?
What county is his permenant residence as per the military?
In what county was the subsequent child support order petitioned and when?
With whom does the child reside during basic and and visitation? When?
Where is he in basic?
Have you called JAG?
Look up SSCRA.
 

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