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Articles Posted in Child Support

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California law does not allow retroactive modifications of child support orders. However, it does recognize what are known as “Jackson Credits” to resolve child support arrears cases. If you believe you are eligible for a modification of what you owe in support, here is what you need to know.

Jackson Credits Defined

Jackson credits arise when a non-custodial parent assumes full custody of a child but fails to file a motion to modify the underlying child support order, custody order, or both. If the non-custodial parent can prove that he provided a primary residence for the child, he can seek credit to reduce or eliminate the amount owed in child support arrears. The court’s rationale in awarding Jackson credits is that the non-custodial parent fulfilled his support obligation by providing a primary residence for the child.

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By Ethan M. Weisinger

A client recently asked me, “What do I do about the enforcement of a child support order when both parents have moved out of the state where our child support order was made?”

     Under the Uniform Interstate Family Support Act (“UIFSA”, codified at California Family Code §4900, et. seq.), the concept of Continuing Exclusive Jurisdiction (“CEJ”) determines which State has the authority to modify a child support order. UIFSA’s “Controlling Order” is the order to be prospectively enforced. When multiple child support orders exist in a single case, it is necessary to determine CEJ and identify which order is the Controlling Order. Pursuant to UIFSA and Family Code §4909(d), “a tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this chapter or a law substantially similar to this chapter.” The choice-of-law rule for the interpretation of a registered order is: the law of the issuing State governs the underlying terms of the controlling support order, with one exception, and that is if the registering and issuing State have different statutes of limitation for enforcement, the longer time limit applies. (UIFSA §604). In California there is no statute of limitations for collection of child support. Therefore a parent can seek child support arrears even after the child has grown to be an adult.