Jurisdiction

[jcsct5]

Original and only child support order, custody order etc. filed in CA.

Ex moved to Texas with the two children, immediately after order was entered three years ago. I remain in CA.

Ex now wants to modify child support and claims that they are doing this in Texas and I will get paperwork served on me in the next few weeks.

1) Does texas have jurisdiction for child support?

2) If not and I get served with papers from Texas what would be the procedure to have the case heard here in CA?

Thanks

[socrateaser]

>1) Does texas have jurisdiction for child support?

No, CA retains continuing, exclusive jurisdiction over child support, until you no one subject to the original order remains in CA.

Custody can be determined in TX, but only if CA court first agrees to relinquish jurisdiction.


>
>2) If not and I get served with papers from Texas what would
>be the procedure to have the case heard here in CA?

You would respond with a copy of the CA order and a motion to dismiss on grounds that under the Uniform Interstate Family Support Act, that CA retains continuing, exclusive jurisdiction, as long as you remain a resident of CA.

However, you might just want to accept TX jurisdiction, if the other parent will agree to have the court compute your support obligation based on TX law, because the guidelines are substantially lower than CA, and you will get a discount as a result.

Note, that TX "can" compute your support obligation under CA law and serve your employer with a wage assignment, and your recourse would be to ask for a hearing in CA on grounds that the calculation is incorrect. This would require your ex to respond to your motion in CA.

Also, TX can initiate a UIFSA process which would ask a CA court to compute your support obligation, in which case you and your ex could appear by telephone or you could appear in person.

I would seriously consider contacting a TX attorney and/or get a calculation of your reasonable support obligation were it calculated under TX law. Your ex could find that she's shot herself in the foot.

Or, if you want to make things REALLY annoying for your ex, move to AZ or NM for a while, which would force TX to use AZ law, which has REALLY low support guidelines.

I realize that moving may not be an practical option, but as she moved to TX, your moving is a reasonable response, if your goal is to save money on your support payments.

The contra is that if you move to a different state, then TX will get complete jurisdiction over all future custody/parenting issues. So, you would win on the support issue and lose on parenting.

Food 4 thought.