My ex-wife and I divorced in California in 1997. At that time, we agreed on a divorce decree. After leaving California, I was then stationed in Florida. She now resides in Indiana. My ex-wife had a second child support order modified through Florida courts 8 years ago. The order was to pay child support until my two children were 18 (emancipated) through State of Florida Disbursement. I have since been stationed in Alabama. Can she request another modification through the Alabama courts to have Ex Parte Bayliss included, although I am a military member and not an Alabama resident and the last modification occurred in Florida courts? If so, can I legally be obligated to pay for college costs?
How many kids? And how old?
Two children. Age 17 yrs, 7 months & 15 yrs old.
I have since remarried and have a 2 & 1/2 year old.
ANSWER: Fact summary: California divorce judgment. Subsequently modified by Florida. Presently mom and kids in Indian. Dad presently in Alabama. Neither party nor any child of the parties any longer resides in California. This matter is controlled the the Uniform Interstate Family Support Act (UIFSA) law, which has been enacted in all 50 states. UIFSA spells out the rules and regulations as to a state court’s authority to modify the child support provisions of a support order from another state. Purpose is to estabish a system that will result in there being only one “controlling order” at any one given time. In your case, CA was the “issuing state.” When neither party nor children any longer reside in the issuing state, and a modification of support is sought, UIFSA requires the party seeking modification must register the out-of-state (or “foreign”) support order for modification purposes in a state that (1) is NOT a state in which moving party resides and (2) IS a state that would have “personal jurisdiction” of the non-moving party (i.e., the party against whom the modification is sought). So..... in your case, if mom is the party seeking modification, she would have to register the Florida support order (which modified the original California support order) in INDIANA, a state as to which (1) she is a “nonresident” and (2) that has personal jurisdiction over you. Further, Ex Parte Bayliss has no application when Alabama is modifying a support order rendered by another state. Under UIFSA § 604 -- codified in Alabama as Alabama Code sec. 30-3A-604 --- "(a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order." Further, under Alabama Code sec. 30-3A-611 "(c) A court of this state may not modify any aspect of a child-support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child-support orders for the same obligor and child, the order that controls and must be so recognized under Section 30-3A-207 establishes the aspects of the support order which are nonmodifiable." Under California law, child support obligations come to an end at 18. See Cal Fam Code sec. 3901. No provision is made for post-majority age support (unless expressly agree to by the parties). Under UIFSA, the duration of support as established by the law of the state the originally rendered the support order is controlling on the question of the duration of the obligation. Notwithstanding any law of Alabama to the contrary, any Alabama modification of support may NOT tinker with or change the duration of the support obligation as established under California law.The duration of a child support obligation is determined pursuant to the law of the issuing state. If and when a different state exercises modification jurisdiction, it may not change the duration of the obligation (either upwards or downwards) if such modification could not be done under the law of the issuing state. In essence, if mom could not get the California court to now modify the California order to extend support past age 18, she cannot do so through the courts of Alabama (nor could she have done so through the courts of Florida when you resided in that state). Also, see article re "MODIFYING OUT-OF-STATE CHILD SUPPORT ORDERS." http://ldgorin.justia.net/article_37-1504212.htmlAlso: XXXXX XXXXX article re UIFSA sec. 611.http://www.childsupportguidelines.com/articles/art200108.html Lastly ----- and most importantly ----- you MUST READ the 2005 decision of the Alabama Court of Appeals in the case of CK v. JMS, 931 So. 2d 724 (Ala 2005). It will be enlightening. =========================== If your question has been satisfactorily answered, please acknowledge by clicking the green “ACCEPT” button in the upper right hand corner of your screen. That’s the only way I get paid for answering your question. Also, your positive FEEDBACK comments are important, so be sure to add a few words as requested. And I thank you in advance. http://ldgorin.justia.net/index.html P.S. -- If you have future questions that you would like me in particular to answer, just begin your question with “FOR MR. GORIN --” or ask your question through my profile at: http://www.justanswer.com/profile.aspx?PF=8848811&FID=0
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).