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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 8105
Experience:  Experienced Family Law Attorney
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Can a court order in one state be overturn by a judge in

Customer Question

Can a court order in one state be overturn by a judge in another state
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: The court order state is Kansas and the motion to overturn the order is in Illinois
JA: Has anything been filed or reported?
Customer: There is a motion for a restraining order today in Illinois
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes the court order has been honored for 20 years and is still being deducted from my pay check
Submitted: 3 months ago.
Category: Family Law
Expert:  LegalGems replied 3 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 3 months ago.

What is the underlying court order regarding?

Customer: replied 3 months ago.
My retirement vested funds
Expert:  LegalGems replied 3 months ago.

In regards ***** ***** divorce?

Customer: replied 3 months ago.
Expert:  LegalGems replied 3 months ago.

Thank you; a few minutes please.

Expert:  LegalGems replied 3 months ago.

The Uniform Interstate Family Support Act (located at the blue link below) deals with modification (which includes overturning) orders addressing both spousal and child support orders. Basically, under the Act, so long as one party remains in the state that issued the original order, that state retains the jurisdiction to modify it as the "home state". If all parties involved have left the home state, that state may not be able to modify the support amount. Rather, to modify the order, the order must be registered in the state of residence of the parent who is not seeking modification. However, under the Act, the modifying state cannot change the duration of the order- they can only address the amount.

So in sum, if one party (adult, child) remains in the home state, that state retains jurisdiction and a different state does not have jurisdiction to modify the order.

here

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 3 months ago.
I'm still waiting
Expert:  LegalGems replied 3 months ago.

I'm sorry - I was researching and typing the issue and it appears we cross posted; were you able to review the above?

Customer: replied 3 months ago.
just for clarity if I have honor the court order and have not violated the order and state judge can overturn the order in my state not her state because she lives in Atlanta
Expert:  LegalGems replied 3 months ago.

Yes, that is correct; the petitioning party (the party that is requesting it to be overturned) must bring the action in the other party's state. The Act is designed to protect the person not requesting the modification-basically because otherwise that person would be forced to defend an action out of state- a costly endeavor. It also helps ensure finality of court orders.

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