Jurisdiction questions

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Latest post 10-11-2009 12:47 PM by familyfirst1968. 2 replies.
  • 07-10-2009 2:15 AM

    • 212mom
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    • Joined on 04-21-2006
    • TX
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    Jurisdiction questions

    I don't understand how a change of jurisdiction works with a settlement agreement. I was divorced in NY state--via a stipulation of settlement and agreement that was not merged with judgment of divorce. It resolved all issues between ex and me and said that it is the intention of this agreement that it be interpreted under NY law.

    However, at this point, no one who was a party to the divorce lives in NY state--and hasn't for several years. I have sole legal custody of our child and live in Oklahoma. Ex (the NCP) lives in Florida. Again, no one--not me, not child, not ex--lives in NY state anymore, or anywhere near. If I want to enforce stipulation--ex has violated multiple terms and I've finally had enough--do I move for a change of jurisdiction to Oklahoma where I and child live and then seek a motion of contempt? (I obviously can't very readily fly back and forth to NY for court case--and neither can ex.) But then does Oklahoma interpret our stipulation under NY law (which is very complicated, but how would an Oklahoma judge do this)--or is the stipulation then somehow interpreted under OK law? Help!?

     

  • 07-10-2009 6:46 PM In reply to

    Re: Jurisdiction questions

    Since nobody lives in NY any more, the question is which state has jurisdiction. The general rule of thumb is that the state where the defendant (your ex) now lives will almost always have jurisdiction, and the state where the plaintiff (you) lives may have jurisdiction.

    To enforce a judgment from a different state, most states will have a procedure by which you can file the out of state judgment with your own state, which essentially turns it into a judgment issued by your state. From there, your next step would be the same as it would be had your current state issued the judgment. That would depend on whether or not your ex would be subject to your current state’s long arm jurisdiction statutes. This is simply a fancy way of determining whether or not an out of state resident is subject to your state’s judgments.

    Even if the out of state defendant is subject to your state’s long arm statute, enforcing any judgment issued by your state (even a NY judgment which has been converted to an OK one) may still require you to then have the OK judgment filed and converted to a FL judgment.

    The same analysis applies to enforcing the stipulation as well. If your ex is subject to OK’s long arm jurisdiction to enforce a contract, then you could sue there, and if necessary, file any resulting OK judgment in FL to enforce it.

    In general you can almost always sue your ex in FL.

    However, there are two more key factors coming into play.

    First is for custody.  When multiple states are involved, both the Parental Kidnapping Prevention Act (PKPA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) come into play. In a nutshell, together they say that when there is no prior custody order, the state where the child lives has exclusive jurisdiction over the child absent emergency situations. But once a state has issued a custody order, that state will retain exclusive jurisdiction so long as either parent of the child continues to reside in it. Once neither parent or the child live in the original state, a new state may be requested to obtain continuing exclusive jurisdiction. Normally, this is the state where the child lives.

    The rules for jurisdiction over child support are different than those for custody, but they are more in line with the general rule.

    You should speak to a local attorney and have him or her review your stipulation and judgment, and decide from there how best to proceed.

    J. Douglas Barics

    www.jdbar.com

     

  • 10-11-2009 12:47 PM In reply to

    Re: Jurisdiction questions

    I live in NY and the cases I have seen decide jurisdiction based on where the child resides.

    What stipulations are you speaking of? It makes it much easier to respond when specifics are given.

    »-(¯`v´¯)-» Kimberly »-(¯`v´¯)-»

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