[amy pichardo]

My son has 80 percent custody of my granddaughter. He went to court in California and because he is in the military he has since with the courts approval moved to Alabama. He filed for child support in Alabama and they sent the paperwork to California. The mother got wind and filed for her 20 percent asking for hotel fees and other expenses while the child is in her care. She filed two days after California receved the paperwork from Alabama. Because she now has a court date we are confused on which one stands. The one my son filed first or the one with the court date.

[AK lawyer]

You are confrused as to which what stands? Near as I can figure, you are telling us that he has a proceeding pending in Alabama to enforce child support and she has a proceeding pending in California, were custody was originally decided, to enforce custody. Neither proceeding "stands". They both have yet to be litigated.

[cdad]

You mention that your son is in the military. (Thanks for his service). What State does he claim as a "home" state? Also was the ex at the hearing for the move to out of state? If so then she should have expressed her desires to the courts at that time. How log has he lived in Alabama if that is where he is claiming as his home state?

[amy pichardo]

Ak lawyer. Sorry I didn't make it clear. Alabama forwarded the child support paperwork to Calidornia where the motherresides. The paper work was received and put into the system in California two days before the mother filed for child support. I truly hope it sound clearer now. Mother got a court date but father filed first. Can someone file after someone else files and it stand for the same thing <child support>. Again it sound confusing

[amy pichardo]

Califdadof3. He has only lived in Alaba. For 5 months but has bought a house and is claiming residence there. And yes the x was at the hearing and no she only brought up child support after he asked for it from her.

[ScottGem]

OK, so when he was originally awarded custody in CA, he did not ask for child support, correct? It was only after he moved to AL that he filed. It appears that AL realizes that CA has jurisdiction and forwarded the paperwork to CA.

So basically, there is ONE case to determine the amount of support. Your son is the custodial parent. I've never heard of a non custodial parent getting support for the time they have the child. What happens is the amount of support owed by the NCP is adjusted for the time the child is with the NCP.

So basically what will happen is the CA court will determine how much support she has to pay, taking into account the time the child will be with her.

He should request to appear via telephone.

[Fr_Chuck]

I will agree, it is all one case, he is asking for the support and she is asking for visitation costs modified. It would or should be combined into one hearing,

It appears that California is the home state for the court action for both sides.