Currently, I have two separate courts hearing separate matters. Court A = custody&visitation and court B = child support. My ex husband filed a motion to vacate a support order made in Dec. 2010 to court A (custody/visitation). I have a minute order showing that court B "retains jurisdiction to make orders retroactive". I am working on my responsive declaration but was wondering if I could just file a motion to dismiss his OSC because it lacks subject matter jurisdiction? Am I clear in understanding subject matter jurisdiction? Your response is greatly appreciated. Thank you!

No, it doesn't appear so.

As I understand what you are saying, "Court A" entered an order of support in December of last year. Your ex, who I assume was ordered to pay you support, has moved to vacate this order.

And there is another action pending in a different court "Court B". This also relates to child support. In particular, which case do you want to dismiss for lack of jurisdiction, an what would be the basis of such a motion?

You don't really need to keep the identities of these courts such a secret. Why not just say "the __ court for ___ county, state of ___? Are they courts of two different states?

If the child was residing in the geographical area over which Court A has jurisdiction, chances are that Court A had subject matter jurisdiction. You say that the issues in Court A also involve custody and visitation. If this is the court which heard your divorce, it probably retains jurisdiction.

You also mention an "OSC". Does this mean "order to show cause", perhaps?

Frankly, I'm not in the mood to solve a riddle. If you want to ask a question please give us the pertinent details. In particular, what is it you want the court to dismiss, and what would be the reason for such a dismissal?

Hello,

Sorry for not being clear and thank you for responding. Pasadena courthouse is where everything started in 2003. Central Civil West (LA) is where I filed for child support in 2009. The County of Los Angeles Child Support Department is in the same building; different floor. Last year in February, my exhusband requested that the matter of child support be moved to the Pasadena courthouse. The judge declined his request and maintained that CCW "retain jurisdiction to make orders retroactive". My ex-husband filed a motion claiming that I committed fraud and perjury because he believes I was working when I really wasn't. He is asking that Pasadena courthouse vacate the 12/1/2010 support order that was made by Central Civil West. He filed this motion at the Pasadena courthouse, not Central Civil West.I am currently working on my responsive declaration to his motion/osc and I wanted to know, can he file in Pasadena courthouse even though it was determined last year in February that Central Civil West retains jurisdiction over child support orders? Can I file a motion to dismiss my ex-husbands motion due to lack of subject matter jurisdiction? I hope I've been more detailed. Thank you.

Better. Both courthouses are in L.A. County aren't they? I don't think a change from one courthouse to another one in the same county is a matter of jurisdiction, but rather convenience for the participants. I suggest that you object to the motion for the reason that the matter is already pending in the other case (if it is in fact a different case) or, at any rate in the other courthouse.

I am not really that familiar with how things are done in California. Perhaps someone else will be more knowledgible on that subject.

Thank you so much for responding. Can I ask you this? Does the meaning of subject matter jurisdiction change from state to state? And what exactly does it mean? In answer to your question, yes both courthouses are in Los Angeles County. From what I understand by the minute order and in from speaking to the clerk at CCW, CCW retains jurisdiction over anything pertaining to child support orders, especially retroactively, which is exactly what my ex-husband is asking the Pasadena courthouse to do. He is asking that Pasadena courthouse vacate the 12/10 child support order made at CCW. Pasadena has not made any kind of child support orders since 04'. Which is precisely why I opened up a case with L.A. County Child Support which work directly with Central Civil West. I hope I'm not being redundant and/or overly verbose, I just want to ge this one right. Can you refer me to someone here in California who might know for sure? Thanks so much!

Subject matter jurisdiction has to do with the power of a court to decide a particular type of issue. For example, small claims courts do not have jurisdiction to hear suits where the amount in controversy is over a certain dollar amount. So such a court would not have subject matter jurisdiction in a case where a billiion dollars was requested. It depends upon what the statute creating the court says it can decide. Many trial-level state courts have "plenary jurisdiction". That is to say, their "subject matter" jurisdiction is pretty-much unlimited. Not so for federal courts: their jurisdiction to hear a particular question has to be found in a specific federal statute.

I think that perhaps someone with some experience in the L.A. legal scene might drop by this forum from occasionally. That's what I meant.
So, yes, since state courts are created by state statutes, their SMJ is dependent upon the specific statute in that state setting forth their jurisdiction.

The correct basis for objecting to his filing a new case would be, in my opinion, res judicata. In other words, the matter has already been decided in a court of law. The idea is that one cannot sue over and over on the same claim. That's what the meant by retained jurisdiction. The original court retained the case for the purpose of making follow-up orders.

My ex husband filed an OSC because he believes I committed perjury & fraud based on the fact that I purchased a used car in October 10'. He is currently 90 days in contempt for a child support order. I have been unemployed for some time now and he is saying that I'm lying about not working becaue I purchased a used car. His basis for bringing this motion is that he just recently purchased a brand new car and his payment is almost $500. He is assuming that my payment is as high as his. I want to know what basis can I file a motion to dismiss. His motion is all hearsay and speculation. But I need to know which statute or standard I can apply in my points and authorities to request a dismissal based on... lack of foundation? Please direct me towards the correct basis. Thank you!

From what your stating there is no basis so far. What you have presented would be a closing argument. What he is trying to prove to the courts is that your lifestyle is above what you claim in court. If he engauges in discovery and its found you can't afford the car then your going to have to prove how. If someone is assisting you in making payments then the courts may add that to your totals as told to the courts and it could bring about an adjustment in child support at a later date.

The car is for my boyfriend. I used my credit because he was going to purchase a house and didn't want anything on his credit history. He has made the payments. Either way, what does a car have to do with fraud and perjury. Banks loan funds based on their own criteria. He says that as soon as he purchased his new car, then he found it hard to believe how I could afford mine when his is $500 a month. I submitted my tax returns to Child Support services that showed who my sources of income were. I complied with CSSD protocals and IRS protocals. My boyfriend is now getting a loan to purchase the car entirely to have under his name. How can I refute my ex-husbands subpoena for my car loan documents. What is the basis for his motion? He is merely assuming that my payment would be as high as his. This is no foundation to file a motion claiming fraud.

Hi.. can you clarify what you mean by there is no basis so far? There is no basis for his motion? Or there is no basis for my motion to dismiss? I submitted my tax returns to the IRS and then to Child Support. I was in full compliance. He is just angry that he had to pay more child support and is currently near 90 days in contempt of that child support order. I don't feel that I should have to hand over my car loan bcse banks loan out money based on their own criteria and discretion. He's assuming that I pay as much as him. Please help. I'm in pro per and I don't know how and why to request a motion to dismiss. Thank u!

Hi Califdadof3.. can you clarify what you mean by there is no basis so far? There is no basis for his motion? Or there is no basis for my motion to dismiss? I submitted my tax returns to the IRS and then to Child Support. I was in full compliance. He is just angry that he had to pay more child support and is currently near 90 days in contempt of that child support order. I don't feel that I should have to hand over my car loan bcse banks loan out money based on their own criteria and discretion. He's assuming that I pay as much as him. Please help. I'm in pro per and I don't know how and why to request a motion to dismiss. Thank you!

There is no basis for your dismissal at this time. Also he has every right to ask for documents from you that he thinks may aid his case. Those will be compared to what is already on file.

Original order is san diego in 2006 we moved to hesperia in 2010, now he is suing for custody. I moved back to san diego in june, august 16th he has filed for jurisdiction to be given to victorville court. I don't live there anymore with him, what form do i fill out to0bject to jurisdiction change? I have not been served about this court date either.i. also, if i haven't been backin san diego for 3months yet does the court see it as i still live in hesperia?
Can i ask for back money owed to me for half of his tax refunds since he didn't want me to work, and we agreed he would split tax returns with me.