Can I File a Child Support Claim if I Have Lived in California for Less Than a Year?

Posted on August 7th, 2024

Moving to a new state can be exciting, but it can also raise legal questions, especially when it comes to family matters. If you have recently moved to California and need to file for child support, you might wonder if you are eligible to do so. The short answer is yes, but there are some important things to know about the process. Our team at Harris Family Law Group breaks each one of them down in this comprehensive guide.

California’s Residency Requirements for Child Support Cases

Unlike some other family law matters, child support cases in California do not have a strict residency requirement. This means you do not have to live in the state for a certain amount of time before filing. The main factor is whether California has jurisdiction over your case.

So, what does jurisdiction mean? In simple terms, it is about whether California has the legal authority to make decisions about your child support case. The state can have jurisdiction if:

• Your child lives in California
• The parent who owes child support lives in California
• The parent who owes child support has significant connections to California (like working or owning property here)

If any of these apply to your situation, you can file for child support in California even if you have been here for less than a year.

The Uniform Interstate Family Support Act

Child support cases that involve more than one state fall under a law called the Uniform Interstate Family Support Act (UIFSA). This law helps states work together on issues where the child’s parents stay in different locations.

Under UIFSA, if there is already a child support order from another state, California will usually enforce that order rather than create a new one. This helps prevent confusion and conflicting orders. However, California might be able to modify an existing order if certain conditions are met.

If there is no existing order and California has jurisdiction, the state can create a new child support order even if you are new to the area.

Special Considerations for New California Residents

While you can file for child support soon after moving to California, there are a few things to keep in mind:

• Gathering documentation: You will need to provide information about your income, expenses, and the other parent. If you are new to California, some of this information might relate to your previous state of residence.
• Adjusting to California’s cost of living: California’s high cost of living might affect child support calculations. If you have moved from a state with a lower cost of living, this could result in a higher support amount than you might expect.
• California’s laws: Each state has its laws about child support. It is important to familiarize yourself with California’s laws, which might be different from those in your previous state.
• Potential for long-distance parenting issues: If the other parent still lives in your previous state, you might need to address issues related to long-distance parenting, like visitation schedules and travel costs.

Getting Help With Your Child Support Case

Dealing with a child support case can be confusing, especially when you are new to California. At Harris Family Law Group, we understand the challenges that come with relocating and dealing with family law matters. Our experienced attorneys can guide you through the process and help you understand your rights and options under California law.

We can assist with various aspects of your case, including:

• Determining if California has jurisdiction over your case
• Helping you gather the necessary documentation
• Explaining how California’s child support guidelines might apply to your situation
• Representing you in negotiations or court hearings
• Addressing any interstate issues that might arise

Every family’s situation is unique. While this guide provides general information, it is always best to consult with a family law attorney who can give you personalized advice based on your specific circumstances.

Talk to Our Family Attorneys

Moving to a new state can be challenging, especially when you are dealing with family law issues like child support. The good news is that in California, you do not have to wait a certain amount of time before filing for child support. As long as California has jurisdiction over your case, you can file soon after moving here.

At Harris Family Law Group, we are here to help you deal with these challenges. We can provide the guidance and support you need to ensure your child support case is handled properly, protecting your rights and your child’s best interests. Get in touch with us today.