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vacantstance · Feb 16, 2011, 05:52 AM

I live in Virginia. I have a child support order in California because that's where my kids lived when myself and their mother were separated for 7 years. California is where the order exists. It was never transferred to Virginia. My children have now been with me for the last 4 years, but the mother, also in Virginia, won't close the child support order.

1. Is there anything I can do without her cooperation to have the child support order dismissed in California without physically being in California? Can I file a motion to dismiss it based on the fact that I've been the custodial parent for the last 4 years?

2. I have their school records as proof that they've been here in Virginia with me for the last 4 years. What else do I need?

3. Is there a form or forms online that I can print and file through the mail or do I have to physically go to California to get this done?

Any help you can offer would be greatly appreciated.

cdad · Feb 16, 2011, 02:05 PM

Are you required to pay through the state agency or were you making direct payments?

vacantstance · Feb 16, 2011, 06:28 PM

I am required to pay through the state of California agency.

ScottGem · Feb 16, 2011, 07:03 PM

Why have you waited 4 years?

You don't file to dismiss. You get a local attorney with a CA affiliate to file for a change of jurisdiction. Once its been transferred you can apply for a support modification.

cdad · Feb 16, 2011, 07:38 PM

So long as the custody is court ordered in its current setting. Then call them up (California child support agency) and tell them there has been a change. Have your case number handy and they can see it too. If you never went back to court for a change and you did it between the both of you then you still owe the support. They can only go by what is actually court ordered.

AK lawyer · Feb 16, 2011, 08:22 PM

Originally Posted by vacantstance

1. Is there anything I can do without her cooperation to have the child support order dismissed in California without physically being in California? Can I file a motion to dismiss it based on the fact that I've been the custodial parent for the last 4 years?

Of course you should do this through an attorney licensed to practice in California, but if you are asking if it's possible to do it yourself, yes (although costly mistakes are quite possible) it is. You can draft the motion and mail it to the clerk of the California court to be filed.

Originally Posted by vacantstance

2. I have their school records as proof that they've been here in Virginia with me for the last 4 years. What else do I need?

I would write out all of relevant details in an affidavit and attach to that affidavit all such documentary evidence. Include in your affidavit your ex wife's current address.

Originally Posted by vacantstance

3. Is there a form or forms online that I can print and file through the mail or do I have to physically go to California to get this done?

There are many courts which supply any number of sample forms online. However it is usually also allowed to draft your own forms, provided that they are formatted as the local rules require. But, as I say, you could mail the motion once you have written and signed it. Be sure to include proof that you have mailed a copy of everything to your ex wife, to the address you have stated in your affidavit.

Also mail copies, and submit similar proof of mailing, to the child support agency.

A change of jurisdiction might be indeed necessary, particularly if you are going to seek child support from the childrens' mother.