Celebrating 10 years! 2007-2017

Question for CocoLawyer

Hi Coco. I have a question for you. Here's the situation: a guyingorillasuit03/28/17
Hi Coco. Bumping this post in case you're around to see it. guyingorillasuit04/13/17
I have tried and lost trying to assert jurisdiction based on becksquire04/13/17
If there is no open case, except for enforcement purposes, y cocolawyer04/13/17
Thank you! guyingorillasuit04/13/17
guyingorillasuit (Mar 28, 2017 - 8:25 pm)

Hi Coco. I have a question for you. Here's the situation: a child support case is venued in LA county, and there is a support order in place. Both parties and the kids have since moved to the Bay Area. DCSS in a Bay Area County is doing the enforcement (i.e. they have an open file). Father wants to modify support. Does he have to go through the motions of transferring venue from LA, or can he just file something here in the Bay Area, since DCSS here is handling enforcement?

Thanks in advance!

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guyingorillasuit (Apr 13, 2017 - 6:06 pm)

Hi Coco. Bumping this post in case you're around to see it. Caveat is that the DCSS has not filed a case in court, but has their own internal number assigned for enforcement.

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becksquire (Apr 13, 2017 - 7:01 pm)

I have tried and lost trying to assert jurisdiction based on DCSS. I had an almost identical case (that I was successful in) where venue was SD but all parties had moved to Ventura. I ended up filing for change of venue in SD (I think I still have a copy of the motion) and had an appearance attorney in SD show up. Change of Venue was granted and then we filed for a modification on Ventura.

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cocolawyer (Apr 13, 2017 - 7:06 pm)

If there is no open case, except for enforcement purposes, you would have to file a change of venue. Internal assignment number for enforcement is not enough to for jurisdiction.

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guyingorillasuit (Apr 13, 2017 - 7:30 pm)

Thank you!

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