The Mines Law Firm

When Child Support Is Filed in California but Custody Is Decided Abroad

Child Custody, Family Law (General)

A recent situation involving Luka Dončić highlights a legal issue that confuses many families: child support and custody are not always decided in the same place.

In this matter, a request for child support and legal fees was filed in California, even though the children live in Slovenia with their mother, Anamaria Goltes. One child reportedly spent only a short period of time in California, and the other has never lived there. Because of this, the filing has been challenged on the grounds that California may not be the proper forum.

This type of situation is more common than people think, especially when parents live in different states or countries.

Why a Parent Can File for Child Support in California

California has the authority to handle child support cases even when the children live outside of the state or outside of the United States.

The key factor is often where the paying parent lives. If a parent resides in California, the court may still establish a child support order. This is especially important in cases where enforcement will occur in California.

Child support in California is calculated using a formula. The formula looks at:

  • Each parent’s income
  • The amount of time each parent spends with the children
  • Certain financial factors such as taxes

 

When one parent earns a very high income, the guideline amount can increase significantly. In this situation, it was reported that Dončić signed a three-year, $165 million contract, which could impact how support is calculated under California’s formula.

However, California courts are not required to strictly follow the formula in every case. If a parent’s income is extraordinarily high, a judge can adjust the amount so that it reflects the children’s actual needs rather than producing an excessive number.

Why Custody May Be Decided in Another Country

Custody is handled differently than child support.

California courts generally focus on the child’s “home state.” This means the place where the child has lived for the last six months, or since birth for very young children.

California treats foreign countries the same way it treats other states when making this determination. If the children primarily live in another country, that location will usually have stronger authority over custody decisions.

In this situation, because the children live in Slovenia, that country may be the proper place to decide custody, even while financial issues are addressed in California.

Different Legal Approaches to Child Support

Another issue raised is how different countries calculate support.

California uses a formula that can be heavily influenced by income, especially when earnings are high. By contrast, Slovenia reportedly focuses more on the child’s specific needs and the financial ability of the parent, setting a more defined monthly amount.

This difference can affect where a parent chooses to file, but it is not the only reason. Filing in California may also relate to enforcement, convenience, or existing legal frameworks that allow countries to work together on support orders.

How International Enforcement Works

California recognizes international systems that allow child support orders to be enforced across borders. These systems exist to make sure children receive financial support even when parents live in different countries.

That means a support order issued in California can potentially be recognized and enforced in another country, including Slovenia, depending on the applicable agreements.

What This Means for Parents

When parents live in different locations, especially different countries, legal issues can become more complicated.

Parents may face:

  • Disputes over where a case should be filed
  • Separate court proceedings for custody and support
  • Delays caused by jurisdiction challenges
  • Increased legal costs

 

These cases also carry emotional weight. Decisions about finances and parenting time are deeply personal, and the added complexity of multiple legal systems can make resolution more difficult.

Practical Takeaway

If you are dealing with a situation where you and the other parent live in different places, it is important to understand:

  • Child support and custody may be handled in different courts
  • Filing in the wrong location can lead to delays or dismissal
  • High income can impact support calculations in California
  • International cases require careful planning from the start

 

Getting clarity early can prevent costly mistakes and protect your position in court.

How Mines Law Firm PC Can Help

Mines Law Firm PC assists clients with complex family law matters, including situations involving multiple jurisdictions.

The firm works with clients to:

  • Determine the proper place to file
  • Address jurisdiction challenges
  • Navigate child support calculations
  • Protect parental rights in custody disputes

Strategic decisions early in the case can shape the outcome, especially when more than one legal system is involved.

 

This article is provided for general informational purposes only and does not constitute legal advice. Every legal matter is unique and requires individualized legal analysis. Reading this article does not create an attorney client relationship with Mines Law Firm PC. Call 888-700-0093 for information about consultation fees for specific legal advice, and the firm’s availability.

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About The Mines Law Firm

The Mines Law Firm is a leading personal injury law firm dedicated to protecting the people, not the powerful. The Firm takes pride in the fact that it does not represent insurance companies, hospitals, or other large corporations.

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