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Ask FiveStarLaw Your Own Question

FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36572
Experience:  25 years of experience helping people like you.
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I allowed by x to move with my children to the state of Washington.

Customer Question

I allowed by x to move with my children to the state of Washington. we had a child support agreement and she is now challenging that agreement because the state of Washington allows for extended child support for college expenses.. Our mediated agreement was made in California courts. Will she be allowed access to my income information, tax filings? The agreement was that child support would end at age of majority for each child. Can I effectively defend that original agreement? Or are all bets off? What defense do I have if any?
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.

FiveStarLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

FiveStarLaw :

Welcome,
My name is XXXXX XXXXX I will do whatever I can to answer your questions!

FiveStarLaw :

Did you agree to change jurisdiction to washington state

Customer:

I agreed to allow them to move there... does that constitute agreement to change of jurisdiction?

FiveStarLaw :

No it does not

FiveStarLaw :

do you continue to reside in California?

Customer:

Interesting.. she's filed her petition for exctension based on WA state law

Customer:

Yes

Customer:

Would fighting it be a waste of time/money?

FiveStarLaw :

Based upon your information jurisdiction remains in California. The fact that the children are now residing in Washington State does not affect jurisdiction provided at least one party remains residing in California

FiveStarLaw :

Since you continue to reside in California, Washington State does not have jurisdiction

Customer:

Ok... must I allow her access to my financial information?

FiveStarLaw :

Not in Washington State

Customer:

So that means she can't look at my tax returns and income?

FiveStarLaw :

You would need to object to her Washington State pleading based upon the fact that jurisdiction remains in California and Washington State does not have jurisdiction

FiveStarLaw :

You should prevail

Customer:

Cool...

FiveStarLaw :

However unfortunately you will need to retain counsel in Washington State for the limited purpose of objecting to jurisdiction

Customer:

We had an agreement established in mediation and ok'd by the state of California can I rely on that agreement to stick?

FiveStarLaw :

The purpose of the law is to prevent forum shopping – In other words to prevent a parent from moving to a different state to take advantage of the different states laws

FiveStarLaw :

Child support is subject to modification – but that modification hearing must be by the California court

Customer:

We need a Washington state lawyer then?

FiveStarLaw :

Just for the limited purpose of objecting to jurisdiction

FiveStarLaw :

Typically this is an inexpensive legal matter

Customer:

So can she file from where she is in the courts in my state?

FiveStarLaw :

Correct

Customer:

How successful are these cases typically?

FiveStarLaw :

And the matter would be determined according to California law – not Washington State law

FiveStarLaw :

Almost 100%

Customer:

100 percent in her favor.. or mine?

FiveStarLaw :

Your favor

Customer:

nice..

FiveStarLaw :

Washington State cannot have jurisdiction since the california court decided the case and you continue to reside in California

Customer:

Can she gain access to my financial information through any means? Ie. filing in the state here

FiveStarLaw :

Yes

Customer:

Can she file for retroactive money if my income has risen since the original agreement?

FiveStarLaw :

No – only from the date that she files for modification in California

Customer:

So my life isn't over..? :)

FiveStarLaw :

I hope not :-)

Customer:

LOL.. this is very comforting.. from what you can see what am I likely faced with here.. ?

Customer:

I was just served today.. I'm very rattled

FiveStarLaw :

Well – what can occur in California is really a different question. Site rules require new questions to be posted on new pages. However briefly, child support may be modified if there is a change in income of either parent. If she petitions the California Court for modification, child-support will be modified based upon your current income

Customer:

She is currently cohabitating with another man and has given birth to two of his children out of wedlock.. does that have any bearing?

FiveStarLaw :

That would have a bearing on spousal support but not on child support

Customer:

Ok... So worse case scenario I might pay a little more for the remaining child based on current income.. and I probably wont have to extend child support for college based on my California jurisdiction? I have one daughter that just turned 18 and is out of highschool and on that has one more year to go...

FiveStarLaw :

That is correct

Customer:

And .. finally ... you have a high level of confidence about this assessment..? (Please hold my hand!)

FiveStarLaw :

I do

Customer:

Polygamy is illegal otherwise I'd marry you too! (my current wife has a good snse of humor!)

FiveStarLaw :

A sense of humor is important :-)

FiveStarLaw :

Have I answered your question

Customer:

Lol... You've been VERY helpful! Thanks so much! I can't think of anything else to ask... any final advice?

FiveStarLaw :

Consider meeting with the lawyer in your area. A local attorney can assist you in putting your books and records in order in preparation of the eventuality that she will file in California

FiveStarLaw :

It has been my pleasure to work with you

Please let me know if I can assist you in the future by requesting me directly.

FiveStarLaw :

Simply start your question with – "For FiveStarLaw"

Customer:

I will, thank you!

FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36572
Experience: 25 years of experience helping people like you.
FiveStarLaw and 3 other Family Law Specialists are ready to help you
Expert:  FiveStarLaw replied 1 year ago.

Thank you very much for the "excellent service" rating and the bonus!

If I can be of assistance in the future, begin your question with: "For FiveStarLaw"

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