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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33424
Experience:  Began practicing Family Law in 1992
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I have a question about when it is allowed State court

Customer Question

I have a question about when it is allowed for a State court decision to be appealed in Federal Court. The issue involves Full Faith and Credit. Short story is that it involves an issue with a child support decision. My ex-wife lives in NY with her daughter. I live in CT. When my divorce was finalized in Connecticut in 2010, the divorce judgment indicated, based on statements from both myself and my ex-wife, that we had no children either of the marriage or between us. Now, however, NY has ordered child support be paid and, further, may be increasing that amount because I have new employment which pays substantially more than my last position. So, I am wondering if I have to appeal the support order through NY courts or can I bring a full faith and credit claim to a Federal court as the issue involves contradictory decisions by courts in two different states. Thank you for your time.
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You would have to bring the case/appeal through the state court appeal system before going on into federal court. You're required to exhaust all your state claims before the federal court will rule since, until that time, the state court can still correct the judgment and remove the federal issue.