I was not clear enough in my last post. Background: my divorce decree is in Utah. My ex wife moved to California and I followed to be closer to my kids. I have been to court in California and won in regards to child support arrears said owed. My divorce decree is registered in California only to collect child support.
The problem is California says I owe arrears in alimony as well. They are garnishing 20% over my child support to collect. I have not had a judgment against me in regards to spousal support in California, nor have I had a day in court to challenge arrears. No current alimony is owed due to Utah's cohabitation law, and written into my divorce.
Under the Uniform Interstate Family Support act, a foreign order requiring support need not be registered to be enforced in California. Furthermore, given your narrative, California may personal jurisdiction and subject matter jurisdiction, which makes registration a non-issue. I agree with Mr. Henderson, consult with an attorney in your area.
I am licensed in California only. My answer here is based upon California Law. My answer here is not based upon your particular facts, and as such is not legal advice. For a more complete answer, based upon your particular situation, I advise that you consult with an attorney.
It sounds like you need the services of a good child support lawyer. I will change the designation of the question so hopefully such a lawyer respons. You should retain a lawyer.
This can happen and you need to consult with an attorney immediately to find out if all procedures were handled properly. The sooner you do this the better.
The answer or comment provided here by Mr. Hinden is for general purposes only and does not establish an attorney-client relationship.
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