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    jackflynn's Avatar
    jackflynn Posts: 5, Reputation: 1
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    #1

    Nov 28, 2012, 02:29 PM
    Can I modify the amount of child support by moving to a different state?
    Mother and Father had a judgement in California for child support and visitation. Mother left the state and resides in Oregon now. Father is moving to Nevada. Can the father file the judgement in Nevada and modify the amount of child support in that state? And if so which states child support calculator will the support order be amended with? The one the father lives in Nevada? The one the mother lives in Oregon? Or the original state that the case was filed in California?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Nov 28, 2012, 03:51 PM
    Who has the child at this time ?
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    jackflynn Posts: 5, Reputation: 1
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    #3

    Nov 28, 2012, 05:36 PM
    Quote Originally Posted by califdadof3 View Post
    Who has the child at this time ?
    She has the kid in Oregon.
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    cdad Posts: 12,700, Reputation: 1438
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    #4

    Nov 28, 2012, 06:57 PM
    Then she would be the one to change it. Or you could try to change it in Oregon once you have cleared California's clutchs.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 29, 2012, 06:00 AM
    CA has jurisdiction as long as one parent resides in the state. Once both parents leave the state, then the child's home state (where the child lives) will have jurisdiction. You would then have to file in OR for a modification.
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    jackflynn Posts: 5, Reputation: 1
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    #6

    Nov 29, 2012, 05:12 PM
    I have a certified copy of the judgement. Going to try to register the judgement in Nevada and go from there. I will let the forum know how it went. And if I can get a little break in child support. Don't get me wrong I'm cool with paying support, but the amount that California recommends is a bit high. I'm done with that state!
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Nov 29, 2012, 07:32 PM
    I don't know if the obligee can register a California CS judgment in Nevada, but I really doubt that he can get it modified downward according to Nevada law. Nevada is required to give full faith and credit to the California judgment. The only legitimate reason for modifying it would be a material change in circumstances.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Nov 30, 2012, 05:42 AM
    Quote Originally Posted by jackflynn View Post
    I have a certified copy of the judgement. Gonna try to register the judgement in Nevada and go from there. I will let the forum know how it went. And if I can get a little break in child support. Don't get me wrong I'm cool with paying support, but the amount that California recommends is a bit high. I'm done with that state!
    So the way I read this, you are willing to waste time and money by trying to get jurisdiction moved to NV so you can possibly save something on your support obligation.

    My advice is to put that money towards your obligation. First, it is unlikely that NV will accept the judgment since the child lives in OR. Second, it is highly unlikely that even if NV does accept jurisdiction that they will modify the award. The only possibility is if your move to NV means a significant reduction in income.

    The most likely scenario is your petition will be dismissed and you will be told to file in OR.
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    jackflynn Posts: 5, Reputation: 1
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    #9

    Nov 30, 2012, 09:09 AM
    No you're reading it wrong. I'm moving there is no doubt about that. And to a better job w a pay increase and no income taxes to boot. And it isn't a petition or a transfer. It's registering a judgement in a different state because neither one of the parents live in the original state. If they don't except it (the judgement) then I imagine Oregon probably would, but I don't have a job lined up there. Once in Nevada who knows if the support number will go up or down. My income is going up, however will the court use CA, NV, or OR support calculator??
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Nov 30, 2012, 10:27 AM
    Ok, but you are still missing some points here.

    Registering a judgment in another state is usually done when the judgment holder wants to register it so they can collect from a resident of that state. The object of the judgment doesn't ask to move it. In the case of a child support judgment jurisdiction goes to the child's home state, not where the ncp lives. And finally, the only time the support amount is changed is when there is a significant change in circumstances. If you will be earning more and ask for a modification it will likely go up.
    jackflynn's Avatar
    jackflynn Posts: 5, Reputation: 1
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    #11

    Nov 30, 2012, 11:06 AM
    Thanks all! Yes that does help. At the very least gives some clarity on what to expect. I very much appreciate everyone's insight on the topic. I will let the forum know what the final verdict is. Cheers
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