Which Court Has Jurisdiction?

[ProPerDoper]

What is the name of your state? California

My case is in enforcement status with the DCSS. Perspective: I currently have no arrearage, and pay support monthly directly to the DCSS. I have 67% primary physical custody, and pay my ex due to large difference in our incomes.

My ex recently filed for modification of support in the county where we reside, (County A)the same county that decided our dissolution. She moved to another county where she registered past support orders for enforcement. My county court set the matter for hearing by DCSS judge in our county. My ex had a previous 171 Peremptory Challenge granted after Appeal with the currenty DCSS judge, so the matter was reset before our regularly assigned FL judge.

The regular FL judge in our county issued an unreported minute order resetting the date, and providing the opportunity for briefs by both parties to address two questions:

1) Does County B (where she resides, and where she registered previous orders) have exclusive and continuing jurisdiciton over support persuant to FC Sect 5601 (e)?

2) What enforcement, hearings, and orders where made in County B?

Here's the final word in my opinion, and the core of my argument: The latest and current support order was made by County A, the county where the children reside with me, therefore County A has continuing and exclusive jurisdiction over support.

Accurate?

Any additional code or case law to support my argument?

 

[ProPerDoper]

No Response

Is there no-one with even an opinion?

There's got to be someone out there with experience.

 

[ProPerDoper]

Still Hopefull....

I'm still hopeful that one of the Senior Members will respond here.

I've read many of their responses to other posts, and the knowledge and expertise is evident.

Someone take a stab.....please?

 

[BL]

I'm still hopeful that one of the Senior Members will respond here.

I've read many of their responses to other posts, and the knowledge and expertise is evident.

Someone take a stab.....please?

First , you start a thread in the early morning hours , then create 2 more post , as you want instant answers .

Members volunteer their time , be patient .

Now , you state you have primary custody in the originating county ? If so . then that county should retain jurisdiction . The Court seems like it's doing it's job in deciding . Be patient .

 

[ProPerDoper]

I will try and be patient....thank you.

Now , you state you have primary custody in the originating county ? If so . then that county should retain jurisdiction . The Court seems like it's doing it's job in deciding . Be patient .

I'm not sure it's that easy. When a support order is registered in another county, it's my understanding that county has ongoing exclusive jurisdiction over support in the matter:

Upon registration, the clerk of the court shall forward a notice of registration to the courts in other counties and states in which the original order for support and any modification where issued or registered. No further proceedings regarding the obligor's support obligations shall be filled in other counties. California Family Code Sect. 5601 (e)

The issue here, as stated in my initial post is that Court A (my county) is mistaken in its assumption that the current support order was registered in county B. The order previous to the current one was registered, but not the current order. How was another order made in my county when the previous current order was registered in county B? We were set for trial in county A. When county B learned of the pending trial, they continued their enforcement hearing date until after trial. End result is that my county (A) made the existing and current support order.

I believe that jurisdiction in this case has to do with which county made the most current order, rather than which county the kids live in primarily....but then, I'm not an attorney, which is why I'm here!

Anxious to hear from others....I am.

 

[ProPerDoper]

Was I wrong?

BL: I may have been incorrect in my last post. My apologies!

I have conferred with an attorney that used to work for DCSS. It appears that as the primary custodial parent, I can choose which county to have enforcement handled by DCSS. I've been advised to open a case in my county and ask that it be transferred here.

Additionally, there may be some basis for my argument that the last order made in this county is the controlling order.

More research is being done....I'll post more if I learn more.

 

[BL]

BL: I may have been incorrect in my last post. My apologies!

I have conferred with an attorney that used to work for DCSS. It appears that as the primary custodial parent, I can choose which county to have enforcement handled by DCSS. I've been advised to open a case in my county and ask that it be transferred here.

Additionally, there may be some basis for my argument that the last order made in this county is the controlling order.

More research is being done....I'll post more if I learn more.

It sounds right to me .

 

[ProPerDoper]

Yeah but....

I just got off the phone with my local county DCSS, and was told by a telephone case worker that even though I am the primary custodial parent, since I am the payor, she can register anywhere she wants for enforcement of the matter. Furthermore, all jurisdiction over the matter was transferred to county B, (Venue actually) and it's unlikely that I will be able to transfer it back.

Stark contrast to what I'm being told by a local attorney who worked for the DCSS.

....more to come as I learn it, but would sure appreciate any experienced advice here.

 

[ProPerDoper]

Venue

From the Superior Court Website in County B: (Not my county)

Transferring a Child Support Case from Another County
There are two ways to have your case brought here from another county:

Registration of California Support Order
Change of Venue
Registration of California Support Order: If you are the parent receiving child support, you may register your child support order from a different California county here in ______________County. The paying parent may not. Keep in mind that if you register the support order, you are only allowed to modify or enforce child support orders. You are not allowed to change custody or visitation.
How to Register Your Order:

Step 1. Prepare the forms:

Fill out the Statement of Registration of California Support Order (Judicial Council of California form FL-440) and attach a stamped copy of the support order or income withholding order. If the paying parent owes back support, you may attach a Declaration of Arrearage, Judicial Council form FL-420. Make 2 copies of the documents.

Step 2. File the forms:

File the forms at the Family Law Filing Counter in Room ___________________Courthouse. Include an envelope addressed to the paying parent with enough postage to assure delivery.

Change of Venue: If you have a dissolution, legal separation, nullity or parentage case in another county and you and your child(ren) now reside in __________ County, you may ask the court in the other county for permission to transfer the entire case to this county. This is done by filing a Motion for Change of Venue. If granted, the entire case moves to this county and all future orders including support and custody will be decided here in __________ County.

 

[LdiJ]

Is there a particular reason why it matters which county has jurisdiction of child support matters?

 

[ProPerDoper]

Is there a particular reason why it matters which county has jurisdiction of child support matters?

No, other than convenience/proximity to the court, history and continuity.

I agree that real importance lies more with custody issues, which will remain with my county. However, if I'm real honest, my fear likely stems from the fact that the ex is extremely manipulative. She hired six different family law attorneys, filed an appeal, and filed a separate personal injury case against me. (Very long 8.5 year story)

The thought of anything that might provide her a remote opportunity to relitigate anything concerns me. She attempted to have one court order reheard five separate times, including an attempt to change venue. Her request for change of venue re: support was denied, but here it appears that she may have actually forced that change by registering the support order in another county.

 

[ProPerDoper]

Are there grounds to file a motion to vacate the registration?

Is anyone aware of any grounds to file a motion and request to vacate a support order registration in another county after the 20 days to oppose registration has past?

Okay...okay. I anticipate someone coming back and stating that the time to oppose this was within the time frame allowed by the law, and that I should have done it then, etc. The hearing was continued due to impending trial date in the first county, then dropped altogether when the arrears were satisfied. There's more, and if anyone wants all the lengthy details, I'll be glad to sit down and bang it all out on my keyboard.

However, for this post, it would be very helpful if an anwer were directed to my question about any basis available to file a motion to vacate the existing registration in another county, so that I might continue work on strategy.
Thanks!