Davis
Stone v. Davis
Opinion
Opinion
Nicholson, J.
Plaintiff challenges a trial court’s order transferring continuing, exclusive jurisdiction over a child support order to another state. She claims the governing statute mandated jurisdiction remain with the California court. We agree and reverse the trial court’s decision.
FACTS
Plaintiff Karen Stone and defendant Gary Davis are the parents of a son. In 1997, the Sacramento County Superior Court issued an order establishing joint legal custody and child support. The court granted Stone primary physical custody, and it ordered Davis to pay $212 per month in child support.
In 1999, the trial court granted Stone permission to move to Alabama with the child. Davis continued to reside in California, where he still lives.
In 2001, Davis filed a petition in the Alabama court seeking additional visitation rights. Stone filed a counterclaim seeking an increase in child support in accordance with Alabama rules.
In 2002, the Alabama court modified visitation. As to child support, the Alabama court ordered all payments be made through its clerk’s office, and ordered child support “shall remain $212.00 per month as previously ordered by the California courts.”