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Knowing when to pursue child support in California

Although a child support order may be created at the time of a divorce, it may be subject to change in the future. If there is a significant change in circumstances, a judge may order the amount of support to be increased or decreased. However, parents need to know where to file the order before they can make a case to have the current order modified.

In New Jersey, the courts have ruled that a court may have jurisdiction if one of the parents or the children lives in that state. In one case, a father was ordered to pay child support by a court in Atlantic County. The father later moved to Nevada where he was granted a formal divorce. This created a situation where both New Jersey and Nevada may have had jurisdiction over child support and other proceedings involving the child.

In 1998, the child's mother asked a New Jersey court to increase the amount of monetary support for the child. To determine which court controlled the proceedings in the matter, the court decided that if a ruling had been made in the child's home state, that ruling took priority over any other rulings. Since there was a ruling from a New Jersey court, New Jersey was where the father had to pursue the case in the future.

If a parent wishes to modify a child support order, it may be worthwhile to consult with a family law attorney. Doing so may make it possible to determine whether there has been an adequate change in circumstances to allow for the order to be modified. Legal counsel may also advise a client as to the obligation to adhere to a current support order until it is modified by a judge.

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