Jurisdiction Flashcards
What Act provides a court with personal jurisdiction over an out-of-state parent to establish or enforce child support or to determine parentage?
The Uniform Interstate Family Support Act (UIFSA), which has been adopted by every state.
When does a court’s exclusive-continuing jurisdiction end?
A court that makes the initial ruling in a custody case has exclusive continuing jurisdiction over the matter until:
- The parties no longer reside in the state, or
- The child no longer has a significant connection to the state
What does the Uniform Interstate Family Support Act govern?
Modification of child support orders is governed by the Uniform Interstate Family Support Act (UIFSA).
Under UIFSA, a state court does not have jurisdiction to modify an order of child support rendered by a court of another state if the original state has continuing, exclusive jurisdiction.
This rule applies unless the parties, including the child, no longer reside in that state or the parties expressly agree to another state’s jurisdiction.
Modification of property settlement in divorce decree - JX issues
State courts have subject matter jurisdiction over domestic relations issues.
A petition to modify a property settlement related to divorce is a domestic relations issue. Unlike child support, UIFSA does not apply to divorce related property disputes so those jurisdictional rules do not limit the state’s jurisdiction.
The court may exercise personal jurisdiction over an individual if that person is voluntarily present in the state and served with process while there.
