I got my divorce in Idaho but have since moved to Utah. Will the courts in Utah now be in charge of handling child support matters and are they required to follow the laws of Idaho? Or will I now be following the statutes in Utah?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
The full faith and credit clause, which is found in Article IV of the United States Constitution, requires that a state court enforce a final judgment in a dissolution of marriage action, entered in another state. The other state, though, must have had jurisdiction to enter the final judgment.
Generally, a court must enforce a child support order from another state entered in accordance with the federal act 28 U.S.C. § 1738B. Under the act, a court has jurisdiction to modify a child support order from another state.
However, a child support order from another state may not be modified by the new state unless the other state no longer has jurisdiction and the case is transferred to the new state. In Florida, where I am licensed to practice, we call this domestication of the foreign state judgment.
Depending on the issue to be addressed, a state no longer has jurisdiction if the child and/or the parents have left the state, there is a more convenient forum, or the parents agree the new state should have jurisdiction. In order to domesticate a judgment to the new state, there are specific procedural steps which must be computed.
Therefore, if Idaho had jurisdiction to enter the final judgment in your divorce, it will more than likely be recognized in Utah. I am not sure if you are seeking to modify or enforce the child support matters in Utah so I would encourage you to contact a domestic litigation attorney licensed in both areas who can examine the full details of your situation. Cordell & Cordell has attorneys who are licensed and located in Utah who would be happy to discuss your case with you in detail.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
One comment on “Which Jurisdiction Is In Charge Of My Child Support?”
I have a question and I was wondering if I could possibly talk to an attorney…
In 2008 my son’s mother filed for child support in Ohio. Neither myself, my child or her lived in Ohio, it even had her Florida address on the paperwork. The prosecutor scheduled a hearing, obviously I was never notified and neither myself nor my son’s mother went to the hearing. A child support order was than established.
At this time I was living in Las Vegas, so I had Florida taking child support from my checks to pay Ohio. In 2014 Ohio closed the case. I have attached that letter to this email.
Nevada is still currently taking child support from my checks to pay Ohio. Ohio tells me it’s closed, Florida tells me it’s still open from Ohio, Nevada tells me it’s still open from Ohio, and everyone I talk to tells me something different. It’s been like this for years.
She has alienated my child from me for 12 years and refuses to let me see my son with no order from the courts saying i cannot.
Is there anything I can do considering Ohio never had jurisdiction to create a child support claim in the first place?