Jurisdiction of Child Support

[confusedp]

My question involves child support in the State of: California/OK.

My wife has a divorce decree with her ex in the state of OK. He did not ask for any child support in the decree. Nearly a decade later he is now deciding he wants to collect child support. California has sent paperwork for us to fill out since he has filed in the state of California. As far as calculating how much child support is due, would it calculated in the state of OK where we still reside due to the original divorce decree or will it be calculated in the state of California where he now resides? Thanks. Also in the original decree he was obligated to give 60 days notice if relocating, he never gave notice. Will this affect which state has jurisdiction as well?

[Disagreeable]

It appears OK is the proper jurisdiction. If neither of them live there, the UCCJA should allow him to transfer it to CA. CA also has the power to take jurisdiction however it is unlikely they will attempt to trample over another state.

[Mr. Knowitall]

My wife has a divorce decree with her ex in the state of OK. He did not ask for any child support in the decree. Nearly a decade later he is now deciding he wants to collect child support. California has sent paperwork for us to fill out since he has filed in the state of California.

Your wife still lives in Oklahoma? If so, she will need to decide whether she wants to try to keep the matter in the Oklahoma courts, or if she is content to have the matter litigated in California. Assuming dad has lived in California with the kids for the past decade, that state would likely end up with litigation.

As far as calculating how much child support is due, would it calculated in the state of OK where we still reside due to the original divorce decree or will it be calculated in the state of California where he now resides?

Your wife would want to check how much support would be assessed under the child support formula for each state, and decide based on that whether she wants to argue to the California court that it should utilize the Oklahoma formula when assessing support. From your post it seems reasonable to infer that your wife has no contact with California rising to the level that it could apply its own formula over Oklahoma's over her objection.

Thanks. Also in the original decree he was obligated to give 60 days notice if relocating, he never gave notice. Will this affect which state has jurisdiction as well?

No. If your wife wanted to make an issue of that, she should have done so back when it happened.