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I have 90% legal & physical custody of my child, 10 y/o. He will go overseas to stay with family & to study while i go to school

Los Osos, CA |
Filed under: Family law

My ex is not paying me his child support in full every month. My child is going overseas to stay with my parents so I can go to school here in the states. Is my ex obligated to pay the same amount of child support even if my child is not in California? I need his child support so I can send my son some money for his expenses while he stays with my parents. My ex has been behind his child support payments since September 2012 when the court ordered him to. He is going to school now & he works part time. He doesn't look for full time work, I work full time though. Will it make a difference if my child is overseas? His child support payment order is $281, but he pays $80-100/month, sometimes he skips a payment. He probably owes about $1,500.

Attorney Answers 3


  1. California has continuing exclusive jurisdiction of your case regardless of your child's physical location. Therefore, CA support guidelines control. The support would not change.

    However, I would recommend that you get a court order to allow your child to move outside the country. Don't just send him overseas without either a signed document from the child's father or a court order.

    Best of luck to you.


  2. You need to contact Child Support Services to enforce the child support order. With regard to his overseas studies, it may affect the child support order--hard to say without more facts.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.


  3. Just send it to your parents, he is full of it. Go to the DA child support and have them file a case

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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