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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3455
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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I have a support order from Tennessee, another from CA and

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I have a support order from Tennessee, another from CA and the child lives in Mississippi. What court order prevails?

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.


 

SoloLawyer :

I'm sorry to hear about your situation. Was there a divorce Order issued and if so, from which state (CA or TN)? Was the child located in CA or TN when the orders were made?


 

SoloLawyer :

Are you there?


 

Customer:

The custodial parent and I were never married. In May 1991,she had the child in Tennessee at which time I was required to submit to a paternity test in Shelby County, TN. Subsequent to the test, it was determined that i was the father. Tennessee then issued a court order demanding child support in the amount of $347.50 until the childs 18th birthday commencing in March 1992. About a year later The parent marries and moves to Olive Branch, Mississippi with her new spouse, the child and her daughter. In 1994 Ventura County CA Child Support Services summons me to court and orders that the child support be set at $312 per month. The Order is then forwarded to Mississippi Child Support Services who then start enforcing the order for $312. Now fast forward to 2011 and LAC-CSSD is demanding that I pay the Tennessee order amount which is $367.50 instead of $312!!! Instead of my statement balance going down it increased by $135000. What are my options


 


Thanks

SoloLawyer :

Why did Ventura County CA make a child support order?


 

Customer:

Are you There?

SoloLawyer :

Yes, I asked a question.


 

SoloLawyer :

Why did Ventura County CA make a child support order? Why did they think they had jurisdiction?


 

Customer:

Because I am a California resident and was living in Ventura County at the time. And because the custodial parent wanted me to start paying support. I had advise her that I was unemployed from June 1992 until Feb 1994. So she initiated the court action in Ventura from Mississippi

SoloLawyer :

Thank you. It does not appear that Ventura County had the correct jurisdiction to make that Order. Only the child


 

SoloLawyer :

Only the child's home state (6 months residency) can issue orders like that. Consequently, that order is invalid, and the Tennessee order should stand.


 

SoloLawyer :

I'm sorry for the bad news, but they are correct in enforcing the Tennessee order.


 

Customer:

So I have been paying all this money to Mississippi CSSD of $312 per month because that is what there monthly statement amount is every month and now I am being told that the Tennessee order is in force???

SoloLawyer :

As far as I can see, the Tennessee order is the correct one. I would get a local attorney and make sure any money you have paid already will be put towards the current arrears amount.


 

Customer:

They are being applied toward the arrears, now that balance increased to $13500 plus because of the difference between $312 and $367.50 going back to 1992. What are my options if any?

SoloLawyer :

You don't have any options. Child support arrears are not forgivable. The Tennessee order is the correct order because the CA court didn't appear to have any jurisdiction over making that type of order (the child was not located there). Unfortunately, you will have to pay the amount requested.


 

SoloLawyer :

I'm very sorry to be the bearer of bad news, but I can only relate the law as I see it.


 

SoloLawyer :

I hope to have brought some clarity to the issue at least.


 

Customer:

Yep that will do it

SoloLawyer :

If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively.

Take care,

Michael


 

Michael J, Esq. and 3 other Family Law Specialists are ready to help you