How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Steven K. Your Own Question
Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2332
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
44472555
Type Your Family Law Question Here...
Steven K. is online now
A new question is answered every 9 seconds

My ex-wife and I and both of our children currently live in

Customer Question

My ex-wife and I and both of our children currently live in North Dakota.
North Dakota currently has jurisdiction over our divorce case to include child custody and child support.
We are all relocating to our home state of California at the end of July 2016.
We currently enjoy joint custody (50/50) of our two children and wish this to continue.
However, North Dakota forced us into a child support offset configuration which we both feel is unfair since we provide equally toward the care and financial responsibility of our children without the offset.
Therefore, we would like to request a change in jurisdiction from North Dakota to California and either file for a modification to the current child support order after the relocation has taken place or submit a new marital settlement agreement for approval in the California Courts.
Can you tell me what documentation we would need to file once arriving in California?
Does the 6-month time requirement to establish residency apply even if both parties agree that California is our new State of Residence? Or is that reserved for relocations that are in contention?
How do we request North Dakota courts to relinquish their jurisdiction? Or is that request necessary since none of the interested parties will be residing in North Dakota?
Thank you,
Peter LaRue ***@******.*** (###) ###-####
Submitted: 8 months ago.
Category: Family Law
Expert:  Steven K. replied 8 months ago.

The best option is to file a Motion to Transfer the case in North Dakota. Or, if the divorce is incomplete at this time, you could dismiss the North Dakota case and file all over in California. Are either of these viable options for you?

Expert:  Steven K. replied 8 months ago.

If not, you could register the child support order in California. Just go to the Superior Court Clerk's office in the county where the other party lives, and let them know you have an out of state child support order you want to register. It must be a certified copy of that order. Then, file for modification in California.

Expert:  Steven K. replied 8 months ago.

That would require a Request for Order form and an Income and Expense Declaration from both parties. You could present an agreed order on the court date.

Expert:  Steven K. replied 8 months ago.

You can find instructions on the bottom of this page when you click on the link that says, "Asking the court to change a child support order."

Expert:  Steven K. replied 8 months ago.

Do you have any further questions?

Customer: replied 8 months ago.
The best option is to file a Motion to Transfer the case in North Dakota. Or, if the divorce is incomplete at this time, you could dismiss the North Dakota case and file all over in California." The divorce has already been finalized here in North Dakota.
Are you saying we should file a Motion to Transfer the case here in North Dakota before we all move to California?
"If not, you could register the child support order in California. Just go to the Superior Court Clerk's office in the county where the other party lives, and let them know you have an out of state child support order you want to register. It must be a certified copy of that order. Then, file for modification in California."
As stated in my query...Both parties currently live in North Dakota. We will be moving to the same county when we arrive in California. Can we file a request for North Dakota to relinquish jurisdiction since all affected parties will be residing in CA an the submit an amended or new marital settlement agreement in California which retains the joint custody order but amends the offset requirement which is not a requirement in CA and that will negate the current order for child support offset?
Expert:  Steven K. replied 8 months ago.

A Motion to Transfer would be the proper way to do this, yes. After you register the order in California, you can ask to modify it, and in doing so, ask the Court to take up jurisdiction of the order. As long as neither party objects to jurisdiction, California will take jurisdiction over child support.