How To Transfer Case To Another State?

[WorkingDad2]

What is the name of your state (only U.S. law)? CA

I am trying to transfer my child support case from NH to CA based on the fact that I have lived here with my child for six years. I am now wanting to file for a child support modification and to cout house in CA is telling me that I have to file a change of venue in NH, and the court house in NH is telling me the paperwork has to be filed here in CA to have the venue changed. I am not finding much help online in terms of specific information about how to do this.

Can anybody help?

Thank you in advance.

 

[TheGeekess]

What is the name of your state (only U.S. law)? CA

I am trying to transfer my child support case from NH to CA based on the fact that I have lived here with my child for six years. I am now wanting to file for a child support modification and to cout house in CA is telling me that I have to file a change of venue in NH, and the court house in NH is telling me the paperwork has to be filed here in CA to have the venue changed. I am not finding much help online in terms of specific information about how to do this.

Can anybody help?

Thank you in advance.

Please add this to your previous thread.
https://forum.freeadvice.com/child-support-98/cs-modification-during-maternity-leave-599459.html

 

[latigo]

What is the name of your state (only U.S. law)? CA

I am trying to transfer my child support case from NH to CA based on the fact that I have lived here with my child for six years. I am now wanting to file for a child support modification and to cout house in CA is telling me that I have to file a change of venue in NH, and the court house in NH is telling me the paperwork has to be filed here in CA to have the venue changed. I am not finding much help online in terms of specific information about how to do this.

Can anybody help?

Thank you in advance.

Without offering you a lengthy explanation of the difference between the often-confused terms VENUE and JURISDICTION, in this instance the more critical: PERSONAL JURISDICTION over the mother of the child -

Suffice it to say that even though a California court would have subject matter jurisdiction (due to the child’s long residence within the state), such a California court NOT could properly entertain a motion to modify the New Hampshire family court’s orders unless one or more of these statutory conditions were met:

(1) The mother is personally served with your petition within California.

2) The mother consents to the jurisdiction of the California court by either entering a general appearance, or by filing a responsive
document having the effect of waiving any contest to personal jurisdiction. (See: California Family Code Section 4905)

Apparently whomever you spoke with in New Hampshire failed to mention the above.

 

[Doreen]

Latigo, CA Family Code Section 4905 applies to jursidiction in a proceeding to establish or enforce a support order or to determine parentage.
This does NOT apply to jurisdiction to MODIFY an existing order from another state. The applicable statute is 4960

CAL. FAM. CODE § 4960 : California Code - Section 4960
(a)… upon petition a tribunal of this state may modify a child support order issued in another state that is registered in this state if, after notice and hearing, the tribunal finds that either paragraph (1) or paragraph (2) applies:
(1)The following requirements are met:

(A)Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state.
(B)A petitioner who is a nonresident of this state seeks modification.
(C)The respondent is subject to the personal jurisdiction of the tribunal of this state.​

(2)This state is the state of residence of the child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.

Unless mom is currently a resident of CA, the state of CA has no authority to modify the support order. It is not sufficient for mom to be served if she happens to be in CA. Mom must first FILE a consent in the NH court before CA can modify the order. This is consistent with UIFSA which all states have adopted and codified in their own statutes.