2 states

Contact a lawyer and ask him or her about possible double jeopardy.

People file according to their resident (of the child)

Your CA case was most likely when they lived in CA.

That parent must be filing to have all the records forwarded to the new residence. Just WHAT is wanted has nothing to do with your concern about cases being filed in different states.

It's possible, but the question is whether it is proper. (I'm also a little unclear as to whether this "new" case in the other state is seeking a modification of the California child support order, or whether she is styling it as if it were a brand new order.)

There is a uniform set of laws called the Uniform Interstate Family Support Act (UIFSA), which has been adopted in a number of states (22) including California. I don't know what this other state is, or whether they have adopted UIFSA.

Contrary to what PUNKEY said, the proper jurisdiction for child support is NOT (necessarily) the state where the child is residing, although it MIGHT be the state where the child is residing. For example, if you never set foot in California (let's say you live in Arizona, and the child and Mother moved to California). In that case, California would NOT have jurisdiction over you for child support purposes, unless you consented to it. Proper jurisdiction is where you (the payor of child support) live -- in my example: Arizona.

But, once a state has assumed jurisdiction over the issue of child support (in your case, that appears to be California), then the UIFSA has a law concerning modification of existing support orders from other states. This is a fairly confusing area of the law, however. If Mother and child have moved from California, then perhaps it no longer has jurisdiction to modify its support order. If YOU live in California, my guess is the order should be modified ONLY in California.

Suffice it to say that a child support order of a state can be modified by the Court of another state, under certain circumstances. As Jespah said, you should seek the advice of an attorney who practices in this other state to render an opinion about this.

i thought i put the state down;sorry. i've had a child support case in california since 1995 that is court-ordered. they've been garnishing my wages and taking my taxes since then. i paid the mother off in 2012. when i tried to apply for the COAP(compromise of arrears program), they sent a denial notice informing me that i have a case in michigan that was filed in 2010. now how is it possible that she can open another case when california paid her from 2010 to 2012.

As others have mentioned, it really does sound like you need a lawyer.

We really don't have enough information to properly answer your question. You should investigate and obtain a copy of the documentation filed in Michigan.

It may be that she filed a case in Michigan to help enforce the California order.

What do you mean by: "I paid the the mother off in 2012"?

thanks to all for the advice! the good news is that california child support called and told me that the michigan child support case will be closed. i got stage one of my battle done. my other question is is there a way to erase or reduce my arrears ? i paid the mother off last year so everything i pay now goes to the state. my current status is unemployed at the moment and trying like hell to take care of this issue. any advice would be greatly appreciated.

is not really descriptive. Nobody here is offering legal advice, but that statement makes it hard to even come up with a suggestion. Do you mean the child as reached an age at which child support is not required, or is it just that you handed her some money to not bother with it any more?

It's nice that California called, but are you getting any documentation?

Like Roger said, we're not giving you any legal advice here ...

... that being said ... like Roger also said, we don't have a clue what you mean by "I paid the mother off last year." BUT ... if you owe the state, that means you are going to need to get the state to agree to any reduction in your arrears. Yes, it is possible for you to do that, but rather unlikely. What incentive does the state have to agree that you owe them less money than you actually do owe them (or the mother)? Evidently the mother assigned her rights to receive child support to the state in exchange for her receiving state benefits?

If you are unemployed, the first step for you -- if you have not already done so -- is to file a Petition for Modification of Child Support, alleging as the basis for the modification the significant change of circumstances of your unemployment. This is assuming, of course, that the unemployment is not your fault, and you have been seeking employment, and documenting your employment search (copies of resumes and applications submitted, denial letters, log of your attempts, etc.).

im not asking for legal advice. what i meant by the mother being paid off is yes, my kids reached the age and i no longer owe the parent meaning that all i have left is to pay the state. all im asking is if theres a way yo reduce or(but not likely)erase my arrears(modify).

Like I said before, what incentive does the state have to negotiate with you? Are you in a position to pay a lump sum for a reduced amount? No, you're not. But, it wouldn't hurt to try and negotiate with the attorney for the state, for a reduced arrearage amount, or payment. You will need to file a Petition to Modify to start the ball rolling, like I mentioned before.

The question is always whether it is cheaper to hire a lawyer and hope for the best, or simply pay up.

The states laws different for different states so you must ask any lawyer that will help you in finding the solution for your problem.But i think if you are paying for child support than other person can't file for that even he/she is living in another state.