Interstate Child Support Orders
David L v. The Suprerior Court of San Diego County results in case law that makes obtaining child support orders more difficult for unwed mothers.
The parents in this case had a long-term off and on relationship. The father lived in Connecticut and worked as a concert promoter and had visited California a few times for his work. The mother was a resident of California. The minor child was conceived while the mother was visiting the father in Nebraska. After the birth of her child she requested the court make an order for child support.
The father argued that the California family law court could not make child support orders, because the court did not have personal jurisdiction over him. The trial court ordered the father to pay child support and the father appealed the case on the grounds that California does not have jurisdiction over him to make child support orders .
The appellate court agreed with the father. It stated that merely having intercourse with a woman in a state different state from the father’s residential state and not in the mother’s residential state would not subject a person to personal jurisdiction of the case. The court of appeal stated that there is general personal jurisdiction and specific jurisdiction. General jurisdiction allows California to assert jurisdiction over a person based on the substantial connection to the state. It usually applies to residing in California. However, specific jurisdiction focuses on the relationship among the defendant, the forum, and the litigation. If the suit-related conduct must create a substantial connection to the state.
If you need legal advice and are looking for a family law lawyer in Orange County to address a dissolution issue such as child support or any other divorce matter such as legal separation, annulment, custody, spousal support and/or property division, please consider Treviño Law in your divorce attorney search. We are located in Laguna Hills right off Lake Forest exit to both the 405 and 5 freeway.
Although the posting of this information can be considered free legal advice for a divorce in Orange County, it does not guarantee that there are other facts which may play a significant part in a dissolution. Circumstances in a divorce case may alter the required action and analysis taken by a family law attorney in California.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.