[drdaler75]

I'm in arearrs of child support from California I'm now a resident of Montana, Montana says I have to go to California to get a modification of payment this is impossible do to work ? My child and mother moved to Oregon and my child's mother had my daughters name changed when she was four (4) years olds she is now 22 yrs. Old my divorce decree states I had to give approval for the child to leave the state. I lost contact with my daughter until she was eighteen please help desperate in Montana

[cdad]

Was the child 18 and living in California when graduating high school?

[drdaler75]

No.. she has lived in Oregon state since she was 4yrs old. And the mother changed her last name.. her mother legally changed the child's last name to her maiden name

[cdad]

Was anything moved to Oregon ? Because your in a strange situation. Oregon could have jurisdiction but you never got it changed. And since the child is over 18 then Calif could keep jurisdiction even though the child hadn't lived there in years.
You need to talk to a lawyer near you to determine jurisdiction for your case. Calif arrears charges 10% so you can't wait on this at all.

[ScottGem]

Lets get some more info. Where were you living when the mother moved? When did you become aware of where she moved and find out about the name change? What did you do when she moved to try and find her? Where you paying support directly or through an agency. How did you fall into arrears?

Jurisdiction remains with the original court until a change of jurisdiction is granted. Such a change would only be granted if BOTH parties moved from the original jurisdiction. At that point jurisdiction would go to where the child resides.

If your divorce decree gave you visitation rights or the right to approve a move, then when she moved, you should have gone back to court for a contempt of court order. Also, the name change can probably be overturned since it was made without your approval. However, it may be moot if your daughter wants to keep the name since, as an adult, she can do so.

[cdad]

[QUOTE=ScottGem;2291478]

Jurisdiction remains with the original court until a change of jurisdiction is granted. Such a change would only be granted if BOTH parties moved from the original jurisdiction. At that point jurisdiction would go to where the child resides.[QUOTE]

The problem resides in the fact that the "child" is now an adult. It should have been moved well before this. So even though neither party resides in Calif they have a continuing obligation to collect the arrears. So the rule of where the child now lives may not apply in this case.

[drdaler75]

I was living in California and paying directly to mother.. the mother moved I lost contact until recently now that my daughter is 22yrsold that's why it fell into arrears.. how can I modify payments that I can afford since I live in Montana and I have 5 children at home right now and California is taking (1) penny less than 50% of each check.. I can't afford to take care of all this at one time is there a way I can adjust the payments.. I believe I'm below the federal poverty level guidelines.. from Montana.. I cannot find any organization or agency to help me fill out the proper paperwork or what paperwork ?or where and how pleases help

[cdad]

You can deal with them directly and show that your responsible for more children at this time and apply for a reduction.

Ref:

California Courts: Self-Help Center: Families & Children: Child, Spousal, & Partner Support

[ScottGem]

When we ask for more info, its best to answer ALL our questions. You did not say what you did when the mother moved. I suspect you did nothing. You figured her moving got you out of paying support so let it pass.

Now you are paying for that mistake. I don't believe you can get a reduction retroactively. The only thing you might be able to do is reduce the amount you have to pay periodically by extending the amount of time you will have to pay.

[Fr_Chuck]

Many times modification of support is done based on income, that should have been filed when your income went down,

This often can be done without physcial appearance in court, but you can hire an attorney near the court to file for you