interstate claims

[tracie&steve]

I live in CA and my X lives in MT. I was recently informed that I would need to sue him in small claims court in order to get a judgement to collect past due medical support and past support for a child before Child Support Enforcement would be able to pursue collection on top of the current support order. Do I need to file in MT or can I file it in CA? If I file in MT are there special provisions for people who live out of state as far as appearing in person go?

 

[racer72]

You would have to sue in Montana and yes, you will have to appear. Also, child support claims cannot be heard in small claims court, you will have to go to a superior court for that. I would contact the Montana Office of Support Enforcement first and see if they will enforce your support order. You will have to send a copy of the support order along with any proof of overdue support. You will also have to supply your ex's name, address, ssn, and employer, if known. The California Child Support Enforcement office has no authority in Montana. A federal court decision a few years ago severly limits state support collection agencies powers across state lines but requires other states to enforce support orders from other states. California can only go after interstate funds such as tax returns or property or assets in California.