Interstate Aspect of Decrees and Orders

Question 1

Recognition of Foreign Divorce Decrees if only one spouse participated

Answer 1

1. N.C. will give jurisdiction over the dissolution of marriage
2. No jurisdiction over distributions and rights (no orders)

Question 2

Recognition of Foreign Divorce Decrees if only both spouses participated

Answer 2

N.C. will give effect to dissolution of marriage and orders given by the court

Question 3

Divisible divorce is

Answer 3

when a court has jurisdiciton to dissolve the marriage but cannot enter orders related to personal obligations of the parties

Question 4

When there is a Divorce Decree from Foreign Nation, N.C. will recognize dissolution if

Answer 4

The proceedings were fair

Question 5

Uniform Interstate Family Support Act governs

Answer 5

A uniform law addressing issues of interstate enforcement of spousal maintenance and child support orders

• when more than one state is involved in a child support action
• Gives state long-arm jurisdiction to enforce orders. Once a state has issued a child support order, it has continuing jurisdiction over the order as long as one party remains a resident of the state (can still modify the order)
• If the issuing state no longer has jurisdiciton, only current state can modify the order with respect to issuing state’s law

Question 6

Uniform Child Custody Jurisdiction and Enforcement Act requires

Answer 6

requires courts to give effect to the custody orders of sister states.

Question 7

A home state is defined as

Answer 7

The state that issues the custody order in the first place

lived for 6 consecutive months with parent

Question 8

What state has jurisdiction over custody?

Answer 8

A child’s home state has continuing exclusive jurisdiction to issue the custody order and exercises this jurisdiction so long as it remains the home state of the child.

• another state may if home state declines
• state can always decline jurisdiction

Question 9

A court that has issued a child-support order to maintain exclusive jurisdiction to modify the support order as long as

Answer 9

one of the parties (the child or either parent) continues to reside in North Carolina