Interstate Child Support

[Jem]

Hello-

My situation:  BM and daughter currently reside in Utah and have since 8/04.  The BF resides in CA.  BM & BF were never married, but lived together in CA until 8/04.  In 4/05, a judgement for support was entered through OCSS.  In 10/05 the BF and BM went through mediation to file a stipulation and agreement, which addresses parent time, in Utah.  This stipulation states:  "There is presently a child support order out of the State of California.  It will be attached to this stipulation as Exhibit "B".  It was set forth and entered on April 21, 2005.  It addresses issues of child support, daycare and medical, and will be respected by the parties and will be incorporated into their stipulation and settlement plan."  

Questions:
1.  Where does jurisdiction for adjustment of the support order exist?  My reading of UIFSA indicates CA, but the mediator in Utah indicated future adjustments should be done in Utah.

2.  If the above answer is CA, can you recommend an attorney in OC for the adjustment/review?  

[socrateaser]

>>Questions:
>>1.  Where does jurisdiction for adjustment of the support
>>order exist?  My reading of UIFSA indicates CA, but the
>>mediator in Utah indicated future adjustments should be done
>>in Utah.

As long as the BF remains a resident of CA (State of orignial support order), he can keep jurisdiction therein, under the UIFSA. However, the support guidelines in Utah are MUCH lower, so as long as the BM never received welfare in CA, you should be able to voluntarily submit to jurisdiction in Utah, and lower your guideline support bill. Or, if you want jurisdiction to stay in CA, and you don't care about paying more, then you can force support mods to be made in CA while custody/parenting mods will be made in Utah.

>>2.  If the above answer is CA, can you recommend an attorney
>>in OC for the adjustment/review?  

If this is a relatively straightforward guideline support case, just about any attorney who owns a copy of Dissomaster(r) can handle it. OC Bar has an online referral service (http://www.ocbar.org). If you think it's gonna be a big deal, then let me know and I'll have you email me for a referral.

[Jem]

Thanks, Soc.

One point of clarification:  

1.  BM wants to keep the order in CA, so unless the BM submits to jurisdiction in Utah, it stays in California? Or does the wording in the Utah stipulation create a situation so that the jurisdiction is completely up to the BF--he could contest the modification in CA, and bring it to Utah?

Thanks!

[socrateaser]

>Thanks, Soc.
>
>One point of clarification:  
>
>1.  BM wants to keep the order in CA, so unless the BM submits
>to jurisdiction in Utah, it stays in California? Or does the
>wording in the Utah stipulation create a situation so that the
>jurisdiction is completely up to the BF--he could contest the
>modification in CA, and bring it to Utah?

Big point. Cal. Fam. Code. 4909(a)(1) requires that each party to the case who is an individual must file notice with the CA court with current jurisdiction, a written consent for a new state to assume jurisdiction. So, unless the other parent consents, then you cannot remove CA jurisdiction, unless you move out of CA.

Sorry.