Motion for Change of Transfer of Venue

[cece123]

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

My husband and I live in AZ but have been paying child support in CA for the last 8 yrs. Child and mother both moved to NV over a yr ago with out notifying us. We wish to do a change of transfer of venue to NV now that they've resided in that state more then 6 mos. per the UCCJEA Act 1977'. The county of CA says that mother would need to file a motion. Mother does not want to bc child support is calculated more then NV. Can we do this and is it better to hire attorney to do this and should I also hire a attorney in NV to pick this up to make sure it's being carried out in NV?

 

[Proserpina]

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

My husband and I live in AZ but have been paying child support in CA for the last 8 yrs. Child and mother both moved to NV over a yr ago with out notifying us. We wish to do a change of transfer of venue to NV now that they've resided in that state more then 6 mos. per the UCCJEA Act 1977'. The county of CA says that mother would need to file a motion. Mother does not want to bc child support is calculated more then NV. Can we do this and is it better to hire attorney to do this and should I also hire a attorney in NV to pick this up to make sure it's being carried out in NV?

Mom doesn't have to do anything; all she has to do is file to get the CA order domesticated in NV. Dad's not getting out of his obligation that easily.

 

[TheGeekess]

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

My husband and I live in AZ but have been paying child support in CA for the last 8 yrs. Child and mother both moved to NV over a yr ago with out notifying us. We wish to do a change of transfer of venue to NV now that they've resided in that state more then 6 mos. per the UCCJEA Act 1977'. The county of CA says that mother would need to file a motion. Mother does not want to bc child support is calculated more then NV. Can we do this and is it better to hire attorney to do this and should I also hire a attorney in NV to pick this up to make sure it's being carried out in NV?

We can do nothing.

 

[BigMouthWino]

Mom doesn't have to do anything; all she has to do is file to get the CA order domesticated in NV. Dad's not getting out of his obligation that easily.

You completely misread the post. Mom wants to continue receiving support under the CA order. Dad and new wife want jurisdiction transferred to Nevada because the calculations NV uses to determine support would result in a lower obligation for Dad.

 

[cece123]

Filing a motion for a change of transfer

You completely misread the post. Mom wants to continue receiving support under the CA order. Dad and new wife want jurisdiction transferred to Nevada because the calculations NV uses to determine support would result in a lower obligation for Dad.

Yes, your are correct..sorry I did not clarify.

 

[BigMouthWino]

Yes, your are correct..sorry I did not clarify.

Your post was perfectly clear.

 

[Ohiogal]

You completely misread the post. Mom wants to continue receiving support under the CA order. Dad and new wife want jurisdiction transferred to Nevada because the calculations NV uses to determine support would result in a lower obligation for Dad.

Actually she didn't misread the post because she gave the proper information. For the good news, OP doesn't have to pay a dime and if she were ordered to she should have objected and appealed that decision. Dad however is still going to keep paying and even if the venue is changed that doesn't mean his child support will be lowered a single penny.

 

[BigMouthWino]

Actually she didn't misread the post because she gave the proper information. For the good news, OP doesn't have to pay a dime and if she were ordered to she should have objected and appealed that decision. Dad however is still going to keep paying and even if the venue is changed that doesn't mean his child support will be lowered a single penny.

I didn't realize you were a Nevada judge.

If OP can get jurisdiction transferred it gives Dad a second bite at the apple in a new court. According to what the new wife found out the way support is calculated by the State of Nevada Dad will pay less. It is of course entirely possible that Dad will wind up paying the same or more and be out attorneys fees on top of it.

Dad and new wife should consult with a family law attorney in Nevada to see what is necessary to have the case transferred there and file for a modification of support.

 

[Ohiogal]

I didn't realize you were a Nevada judge.

If OP can get jurisdiction transferred it gives Dad a second bite at the apple in a new court. According to what the new wife found out the way support is calculated by the State of Nevada Dad will pay less. It is of course entirely possible that Dad will wind up paying the same or more and be out attorneys fees on top of it.

Dad and new wife should consult with a family law attorney in Nevada to see what is necessary to have the case transferred there and file for a modification of support.

I didn't realize you were anything but a big mouth wino. Dang. Again, OP cannot do anything. OP is a legal stranger and this is NOT her legal matter. OP cannot get jurisdiction/venue transferred. OP cannot hire an attorney to transfer the case. OP can't do anything but encourage her husband to do something and then he can decide if he wants to do anything. It still doesn't mean he will end up paying less or the child support will be decreased. Not at all.

Also read UIFSA. It is possible that the support order would be registered in dad's state of AZ so that it could be enforced there. How does AZ support compare? And mom could fight the transfer of jurisdiction and registration of the order.

 

[Doreen]

...We wish to do a change of transfer of venue to NV now that they've resided in that state more then 6 mos. per the UCCJEA Act 1977'....

Dad cannot invoke UCCJEA in this instance, since it DOES NOT apply to child support cases.

As already noted, UIFSA rules apply to interstate child support proceedings.

 

[latigo]

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

My husband and I live in AZ but have been paying child support in CA for the last 8 yrs. Child and mother both moved to NV over a yr ago with out notifying us. We wish to do a change of transfer of venue to NV now that they've resided in that state more then 6 mos. per the UCCJEA Act 1977'. The county of CA says that mother would need to file a motion. Mother does not want to bc child support is calculated more then NV. Can we do this and is it better to hire attorney to do this and should I also hire a attorney in NV to pick this up to make sure it's being carried out in NV?

Unfortunately you’ve wasted your time here because, given the circumstances and desires described, nothing you propose is legally feasible!

All orders emanating from the California action are entitled to “full faith and credit” in all States of the United States and its Territories. Which would include those orders governing the payment of and the amount of child support.

No court in Nevada nor that of any state (other than the California tribunal, which has continuing jurisdiction over child placement and support) could assume any jurisdiction over such issues unless either the Uniform Child Custody Jurisdiction and Enforcement Act and/or or the Uniform Interstate Family Support Act were properly invoked.

And there is nothing in your posting that even suggests that either of those Uniform Acts would be apposite.

It may be that the father has some legitimate issues for the failure of the custodial parent to continue to inform him as to the whereabouts of his child, but that would be a matter within the exclusive province of the California family court.

But when was the last time the father made any attempt to visit with his child or have him or her visit with him. Obviously, one year past without face à face.

And no attempt to reach the child by telephone, letters, the sending of gifts, etc. for one year! If not such communication or visits, why would the mother think that the child's father gave a hoot where the she set up residence?
_____________________

Also what is with this “we” business? And should “I hire a Nevada attorney”, etc.?

Did you somehow intervene in the California divorce action and become a named party and thus become jointly and legally obligated to pay for the support of someone else’s child?

Is your husband enfeebled in some way? We hope not.

 

[Ohiogal]

Unfortunately you’ve wasted your time here because, given the circumstances and desires described, nothing you propose is legally feasible!

All orders emanating from the California action are entitled to “full faith and credit” in all States of the United States and its Territories. Which would include those orders governing the payment of and the amount of child support.

No court in Nevada nor that of any state (other than the California tribunal, which has continuing jurisdiction over child placement and support) could assume any jurisdiction over such issues unless either the Uniform Child Custody Jurisdiction and Enforcement Act and/or or the Uniform Interstate Family Support Act were properly invoked.

And there is nothing in your posting that even suggests that either of those Uniform Acts would be apposite.

It may be that the father has some legitimate issues for the failure of the custodial parent to continue to inform him as to the whereabouts of his child, but that would be a matter within the exclusive province of the California family court.

But when was the last time the father made any attempt to visit with his child or have him or her visit with him. Obviously, one year past without face à face.

And no attempt to reach the child by telephone, letters, the sending of gifts, etc. for one year! If not such communication or visits, why would the mother think that the child's father gave a hoot where the she set up residence?
_____________________

Also what is with this “we” business? And should “I hire a Nevada attorney”, etc.?

Did you somehow intervene in the California divorce action and become a named party and thus become jointly and legally obligated to pay for the support of someone else’s child?

Is your husband enfeebled in some way? We hope not.

Careful, dear Latigo or you will be accused by the big mouth wino of being a judge in Nevada.