California Superior Courts Have Jurisdiction Over Child Support Cases Even If The Children Are Living Abroad

Child support and child custody are two important aspects that arise in divorce cases where children are involved. Child support refers to the monetary support that parents are required to pay to support the child after a separation or divorce. Child custody refers to the living arrangement and right to make decisions for the child after a separation or divorce. A child custody determination does not include orders “relating to child support or other momentary obligation of an individual.” [Family Code §3402(c).]

In certain circumstances, California courts may or may not have the authority to make decisions for each of these aspects. California courts have exclusive jurisdiction over child support matters. [Family Code §200, 2010(c).] California courts have jurisdiction over child custody determinations only if the child’s home state is California OR the child’s home state does not have jurisdiction or declined jurisdiction in favor of California. A child’s “home state” for purposes of child support and child custody matters is defined as the state “in which a child lived with a parent… for at least six consecutive months immediately before the commencement of a child custody proceeding.” [Family Code §3402 (g).] Foreign counties, like Mexico, are treated as “states” for the purpose of determining jurisdiction.

In the case of In re Marriage of Richardson, which was just decided on December 2, 2009, California has the authority to make a child support determination even though the child’s home state is not in California or the United States. Here, the child was living in Japan with his mother prior to the couple’s divorce. The divorce action and child custody and support proceedings were initiated and carried out in California. The court acknowledged that are a few limited circumstances where a California court would not have jurisdiction over a child support case when the child’s home state is not California. But in this case, since there was no out of state proceeding addressing the issue of child support, so the California court did have authority to make the child support determination.

If you are concerned whether you can obtain a child support order from a California judge it’s important that you consult with an experienced attorney who can fight for your rights, including your right to receive child support for your child. Contact the Law Offices of Michael S. Carrillo today for a free consultation at (626) 799-9379.