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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16289
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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If a California Court orders payments from the California

Customer Question

If a California Court orders payments from the California petitioner's Indiana spendthrift trust to the California respondent's lawyer for $80,000+ his forthcoming defense of a demurrer that seeks to show respondent has no standing (....there is no current order requiring petitioner to pay respondent spousal or child support), can such an order be fought off in Indiana courts? The California court does have general jurisdiction it has decided.
Submitted: 2 months ago.
Category: Family Law
Expert:  Legalease replied 2 months ago.

Hello again --

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If the only Indiana connection to this case is the fact that the money is to come from an Indiana Spendthrift Trust, then an Indiana court will not assist in questioning jurisdiction or the orders of a CA court in this case. First, the general jurisdictional rules state that a court can and does have jurisdiction over a matter if one or both parties reside in the state and even if neither reside there, if there is a large issue involving another party in CA or a CA issue, the court can also take jurisdiction. Secondly, even if the Indiana court were to take jurisdiction the most they would do is enforce the CA orders because of the "full faith and credit" clause in the US constitution -- which means that each state court must enforce the orders of other state courts (it can be challenged but it is difficult to do so and will most likely cost a lot of money in legal fees just to mount a challenge that you will most likely not win).

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I truly wish I had better news for you but I do not. Please let me know if you have any further questions. If not, can you please press a positive rating above in the rating section so I will be credited/paid for my time assisting you today? THANK YOU