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Jurisdiction of Child Support

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Randall Somer

Junior Member
California, Divorced in 1991 in California, child support was referred to Family Support Division for investigation and report to be completed within 180 days, however, this was never done; therefore, child support was not ordered. After not receiving any form of child support for almost 10 years, requested that the State of Nebraska assume jurisdiction. Nebraska is where my children and I had lived for the past 10 years. Nebraska assumed jurisdiction Jun 2000. Now, my youngest son, against my will has moved to California. While I have no knowledge of the law, the following California Family Code makes me suspect jurisdiction is in Nebraska because only one child support order has ever been issued. Is my assumption correct concerning child support?

California Family Code Section 4911.
(a) If a proceeding is brought under this chapter and only
one tribunal has issued a child support order, the order of that
tribunal controls and shall be so recognized.

(b) If a proceeding is brought under this chapter, and two or more
child support orders have been issued by tribunals of this state or
another state with regard to the same obligor and child, a tribunal
of this state shall apply the following rules in determining which
order to recognize for purposes of continuing, exclusive
jurisdiction:
(1) If only one of the tribunals would have continuing, exclusive
jurisdiction under this chapter, the order of that tribunal controls
and shall be so recognized.

(2) If more than one of the tribunals would have continuing,
exclusive jurisdiction under this chapter, an order issued by a
tribunal in the current home state of the child controls and shall be
so recognized, but if an order has not been issued in the current
home state of the child, the order most recently issued controls and
shall be so recognized... (Incomplete trying to save your time).
 


BL

Senior Member
You waited 10 years to address the issue ? I suppose you want 10 years of back Child support too ..
 

Randall Somer

Junior Member
Let me clarify

Blonde Lebinese said:
You waited 10 years to address the issue ? I suppose you want 10 years of back Child support too ..
Please let me clarify, no I didn't want child support in arrears for 10 years. In fact, I knew that I would never see the child support. Additionally, while the minimum child support in Nebraska is $50 per month per child, my court order states $50 per month (Meaning $50 per month for two children).
However, that's history now. She now has my youngest son in California and is pursuing child support from me. My son really lives with his grandmother due to my ex's live style. My son is 17 years old and has a mind of his own. Yes, I fully support the Grandmother with six times the amount that I was ordered to receive without a court order; however, my ex is unaware of this, as she would just spend the money on drugs. Which brings me back to my original question. Since jurisdiction was obtained by Nebraska, and there is only one court order for child support, Would California or Nebraska have jurisdiction in ordering any future child support orders?
 

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