Need help with child support

[kepp]

What is the name of your state (only U.S. law)? California
I was married in California, but my divorce was finalized in Florida. I was awarded primary custody and child support, but at the time of the judgement I my ex-wife was unemployed so the payments were rather low. Shortly after she moved out of Florida and I moved back to California to finish up school. I have a couple of questions. Do I need to get a new judgement in California to give myself full custody? Also since she is now employed and California is much more expenseive than Florida how can I get the child support amount increased? If anyone could point me in the right direction as to where to start I would greatly appreciate it.
Thanks

 

[professordad]

As far as I understand, if your divorce was finalized in Florida, then that state has jurisdiction over your case; you would have to file a motion to change venue to California.
If the California guidelines for child support based on your income, number of children, etc., is higher than Florida, then yes, if you change the venue to California and file a subsequent motion for a change in child support then yes you perhaps would get more money. The question is, how much will it cost you in attorney fees and how much will you actually get in more child support and does the one out weigh the other**************

 

[TheGeekess]

INCORRECT INFORMATION

That's not how it works. And since you DON'T know how it works, please refrain from posting.

 

[kepp]

If professor is wrong could you possibly shed some light on what is correct? Any advice would be greatly appreciated.

 

[ecmst12]

If you and the child live in CA and have lived there for more then 6 months, you can attempt to change the venue to CA, but it's not strictly necessary. The original order remains in place until it is changed, regardless of state. If you don't want to change anything, you don't need to file anything at all. If you want support modified, you CAN file in Florida for that. Given that neither of you are living there anymore though, it may be better to change the venue. You should talk to a lawyer in CA to start with.

 

[LdiJ]

What is the name of your state (only U.S. law)? California
I was married in California, but my divorce was finalized in Florida. I was awarded primary custody and child support, but at the time of the judgement I my ex-wife was unemployed so the payments were rather low. Shortly after she moved out of Florida and I moved back to California to finish up school. I have a couple of questions. Do I need to get a new judgement in California to give myself full custody? Also since she is now employed and California is much more expenseive than Florida how can I get the child support amount increased? If anyone could point me in the right direction as to where to start I would greatly appreciate it.
Thanks

You do not need a new judgement for custody in CA. Since neither of you lives in FL any longer you could change jurisdiction to CA (since that is where the child resides) for any ongoing custody matters, but FL's original custody orders would still stand under the UCCJEA.

Child support is a bit more complicated when it comes to jurisdiction. However, you don't really have to worry about that too much. You can go to the local child support enforcement agency in CA, and they will help you with a modification, and will coordinate that with both FL, and mom's new state.

However, be certain to explain carefully about the fact that you have an FL child support order and make sure that the caseworker is paying attention. Sometimes mistakes are made and there ends up being TWO child support orders (in your case, one in FL and one in CA) and that can be a big mess to straighten out.

 

[kepp]

Thank you for the responses. In order to get custody changed to California do I need a lawyer or is it something I can file myself? I don't believe she will contest the change of custody.

 

[garrula lingua]

Your case falls under UIFSA (Uniform Interstate Family Support Act). That is codified in all state Family Law codes.

As long as all parties have left Florida, then California can move to register and modify the Florida order.
The cheapest way to do this is go to the Child Support Enforcement Office in your county.
Fill out an application.
Bring a copy of your Florida court order (and any changes from the original order) to attach to your application. Be sure to stress that all parties are no longer living in Florida (this is what will give CA jurisdiction).
They will change the support for you. When they calculate the c/s in CA, tell them what percentage of time you have the child vs the percent of time Mom has the child. They will calc the c/s based on that percent.

Why do you need to change the custody order ?
(Once CA CSE files, you'll have a court case opened in CA & can file, under that case #, regarding any custody/visitation issues you have. If the child(ren) have lived in CA for at least six months, then they fall under the UCCJEA (Uniform Child Custody Jurisdiction Act), which is codified in all states. As I recall, after six months of residence in CA, Florida no longer has jurisdiction over any custody/visitation issues. You would be correct in filing your custody issues in CA).
PS: Many Family Law attorneys are not well versed in UIFSA or UCCJEA. The Child Support Enforcmt Agency will do the best job, but they're not fast.

PS2: You don't have to wait 6 months to file in CA for the child support - do that ASAP, either with CSE or private atty. The only time 6 mos. comes into the equation is under the UCCJEA, which requires 6 months residency by the child for the state to take jurisdiction over custody/visitation issues. The child support issue belongs to CA as soon as all parties have left Fl.

PS3 Part of the complexity is that CSE will have to get an accounting from Fl regarding the payments made through their Disbursement Unit/Court, in order to calculate the amount of child support arrears which may be due. CSE can get that in a few days (whether they do is another question).

 

[kepp]

Thank you for your response it was very informative. My children and I have been in California for a year now. When c/s was figured my wife wasn't working full time and custody or time with each parent was 50/50. Now she is full time employed and I have the children 100% of the time. As far wishing to change the custody it is strictly because I feel she is somewhat unstable and I saw her cause trouble for another father with whom child she had a child with before we were married due to joint custody.

 

[stealth2]

Thank you for your response it was very informative. My children and I have been in California for a year now. When c/s was figured my wife wasn't working full time and custody or time with each parent was 50/50. Now she is full time employed and I have the children 100% of the time. As far wishing to change the custody it is strictly because I feel she is somewhat unstable and I saw her cause trouble for another father with whom child she had a child with before we were married due to joint custody.

Unless this was subsequent to your current custody order, this is going to be moot. You didn't bring it up before, it doesn't matter now. And IF you had children with her AFTER you were aware of that situation? Shame on you for fathering her children.

As for "somewhat unstable"? What does that mean? And what proof do you have?

 

[kepp]

Shame on me? Hindsight is 20/20. I was rather young when I "fathered" our first child. Her actions towards her ex came to light after that fact. We were married after our first child. As far as proof I have ten years of actions I could list but I don't see the point in airing that. I was only looking for advice for condemnation.