Which state has jurisdiction over child support?
My husband lived in Colorado and his child in California. He got a divorce in Colorado Dec 6, 2003. When he filed for the divorce his exwife turned him into San Luis Obispo child support enforcement. He spoke little English at that time and did not realize he was supposed to go to court, so San Luis Obispo issued his child support amount and made it final Dec 13, 2003. He paid the child support faithfully that was agreed upon in the divorce. Last year his ex-wife contacted the San Luis Obispo child support enforment agency and I guess reopen the case or something. So they started garnishing his wages for the amount they had ordered, it was higher than what was agreed upon in the divorce by $46. The San Luis Obispo County now said he had an arreage balance of $1, 500. I have contact the child enforcement agency and they say that since their court order was done at the later date that was the amount to be paid and what was in the divorce decree did not matter. He has paid the arreage balance off and now His exwife has now again asked for a modification order and San Luis Obispo has raised the child support order by $850. They garnish his wages so there is no way to avaiod paying. The problem is we will have to sell our house and vehicles just to make ends meet. I am so confused how this justice system can put a family out on the street because the other parent wants more money she doesn't even need. She is remarried and still lives with her parents.
Is this improper use of a child enforcement agency?
OK, here is a little background. When my husband got divorced the divorce papers state that he can claim his daughter on the even years and his exwife on the odd. After the exwife got remarried she wanted to change this and we told her go ahead we will not contest it, it's a very simply and inexpensive process but she wants to be minpulative and wants us to do, we feel if she wants it done she can do it herself. So 2008 was my husband year to claim his daughter so we did come to find out she had already done her taxes and claimed her daughter knowing it wasn't her year. So when we sent our taxes in we sent a copy of the divorce decree showing it was legally our year. So she claims she had to pay a lot of money back. So because of this she turned my husband into the child enforcement agency and now California is making him pay $1100 per month in child support for one child. She is remarried and still lives with her parents so has not only has her income but 3 others contributing to the household and doesn't need that much child support. So now we are having to sell our home so we don't get behind. He has spoken to her and told her we cannot afford that she has agreed to get the child support lowered but with conditions. She gets to claim her daughter every year on taxes, fine with us just change it already, and the other is instead of buying a plane ticket for his daughter to come visit from one airport that is cheaper now we must buy it from a more expensive airport to save her a 3 hour drive, and we still pay the entire plane ticket. We also have a 3.5 hour drive to the airport so its not like we are making her drive just because. Its less expensive because she never helps or encourages visitation. So my question is, is there anything we can do to defend ourselves against this minipulative woman? Thank you