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Child Support Enforecement

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KimC

Junior Member
What is the name of your state? Florida
I have a question. 1995 I was divorced. The court ordered child support to be payed through the courts. He began by paying through the courts, but then stopped. He then paid me directly, but only when he wanted, and not even close to the correct amount.

He now lives in North Carolina, the State of Florida has found him and the State of North Carolina has issued him notice of child support enforcement (Their intent is to enforce child support) I received a notice today from his lawyer saying they had filed a "motion: Request for hearing to Vacate registration of foreign order"
says the following:

1. Plantiff has claimed to have registered a foriegn decree without due notice to the defendant.
2. Defendant asserts that he has Never been provided adequate service of process and has no knowledge of any Florida order
3. Defendant Demands strict proof of service in above referenced case
4. Defendant is entitled to relief if he has not been adequately served with notice by the plaintiff in the florida proceeding.

I should add he was properly notified by the state of Florida, has had a previous judgement applied by a florida cout regarding child support. (unpaid) and is on record by paying child support through the court 6 payments over 2 years.

My question is... Is he trying to say he didn't know about the child support order? or is he saying that North Carolina shouldn't enforce this.

Will the Child enforcement of NC speak to Child enforcemnt of FL before deciding the case?

Also, By my receiving this notice, does that make me vunerable to any court decision on my child support if I don't show up? They can't change it, can they?What is the name of your state?
 


KimC

Junior Member
Have you had this problem?

outragedMOM said:
Good Luck with your case!

Just for the record, This is not my case using another name or state.
OutragedMOM,
LOL... You have to admit it is a little funny, realizing you are not the only one this happens to...

I assume you have gone through a simular situation? If so, what was the outcome?
 

KimC

Junior Member
Bump Means...

OutRaged Mom,

"Bump" is sometimes written as (in) a post when you would like a thread to go back to the top for more visibility.

I was hoping to get an answer to my questions************** I have been trying to look this information up, but it difficult to go through the statutes...
 

JesB

Member
If there is a court date bring with you all of your old court minute entries, it will say in there that he was in court when the old order was established. Bring the copies of the payments that he made showing that he was and can pay. Find a lawyer, you can more than likely attend telephonically if you can show that you cannot make but you have to ask the judge for permissions first. Otherwise, show up, it is you and your childs future we are talking about here. When you get there you can ask that the judge award you fees.
 
B

BBThaWhineyBaby

Guest
KimC said:
Also, By my receiving this notice, does that make me vunerable to any court decision on my child support if I don't show up? They can't change it, can they?
What makes you think you shouldn't show up? Fail to show up and you could find your case either dismissed or you losing by default. It depends on the Judge, but you can guarantee it wouldn't go in your favor.
 

abstract99

Senior Member
BBThaWhineyBaby said:
What makes you think you shouldn't show up? Fail to show up and you could find your case either dismissed or you losing by default. It depends on the Judge, but you can guarantee it wouldn't go in your favor.
Not if she has a lawyer stand in for her. If she really can't make it she needs to petition the court for a telephonic (which she will probably need a lawyer for anyways) or have her lawyer stand in.
 

BelizeBreeze

Senior Member
As usual, Stewie (a.k.a. BBThaWhineyBaby) is wrong.

This is a hearing between the state of North Carolina and the defendent on the matter of the NC court registering a foreign judgement. Unless the poster's testimony is required or a subpoena is issued for her attendence, there is no requirement for her to attend.
 

abstract99

Senior Member
BelizeBreeze said:
As usual, Stewie (a.k.a. BBThaWhineyBaby) is wrong.

This is a hearing between the state of North Carolina and the defendent on the matter of the NC court registering a foreign judgement. Unless the poster's testimony is required or a subpoena is issued for her attendence, there is no requirement for her to attend.

I thought that when the motion was filed and she was served that she would automatically be ordered to attend. Im not sure about florida but in Az you always are.
 

BelizeBreeze

Senior Member
abstract99 said:
I thought that when the motion was filed and she was served that she would automatically be ordered to attend. Im not sure about florida but in Az you always are.
There is nothing in the original post which says the poster was "Served" only notified by the court.

The assumption everyone is making is that judicial notice is the same as being summoned to attend which it is not.
 

KimC

Junior Member
Thank you BelizeBreeze

It appears to be only a "Motion: Request for Hearing to Vacate Registration of Foreign Order". which says the following:

1. Plantiff has claimed to have registered a foriegn decree without due notice to the defendant.
2. Defendant asserts that he has Never been provided adequate service of process and has no knowledge of any Florida order
3. Defendant Demands strict proof of service in above referenced case
4. Defendant is entitled to relief if he has not been adequately served with notice by the plaintiff in the florida proceeding.

I think I have answered some of my own questions....
This is about the foreign order: (From the NC Statutes)

1C 1702. Definitions.
As used in this Article, unless the context requires otherwise:
(1) "Foreign Judgment" means any judgment, decree, or order of a court of the United States or a court of any other state which is entitled to full faith and credit in this State, except a "child support order," as defined in G.S. 52C 1 101 (The Uniform Interstate Family Support Act), a "custody decree," as defined in G.S. 50A 102 (The Uniform Child Custody Jurisdiction and Enforcement Act), or a domestic violence protective order as provided in G.S. 50B 4(d).

And This is why he has filed this motion:
52C 6 606. Procedure to contest validity or enforcement of registered order.
(a) A nonregistering party seeking to contest the validity or enforcement of a registered order in this State shall request a hearing within 20 days after notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrears pursuant to G.S. 52C 6 607.

Doesn't he have to prove the stuff that is written on this motion to Vacate this order?
(b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. (1995, c. 538, s. 7(c); 1997 433, s. 10.11; 1998 17, s. 1.)


Now, What happens when he cannot prove any of these following reasons?
§ 52C 6 607. Contest of registration or enforcement.
(a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) The issuing tribunal lacked personal jurisdiction over the contesting party;
(2) The order was obtained by fraud;
(3) The order has been vacated, suspended, or modified by a later order;
(4) The issuing tribunal has stayed the order pending appeal;
(5) There is a defense under the law of this State to the remedy sought;
(6) Full or partial payment has been made; or
(7) The statute of limitations under G.S. 52C 6 604 precludes enforcement of some or all of the arrears.
(b) If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this State.
(c) If the contesting party does not establish a defense under subsection (a) of this section to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order. (1995, c. 538, s. 7(c).)

Can the FL Support Order be modified at the time of this Hearing even if I do not want iit to be modified?
52C 6 611. Modification of child support order of another state.
(a) After a child support order issued in another state has been registered in this State, the responding tribunal of this State may modify that order only if G.S. 52C 6 613 does not apply and after notice and hearing it finds that:
(1) The following requirements are met: All of them?
a. The child, the individual obligee, and the obligor do not reside in the issuing state;
b. A petitioner who is a nonresident of this State seeks modification; and
c. The respondent is subject to the personal jurisdiction of the tribunal of this State; I am not sure what this means? Does it mean that my ex lives in that state and the state (NC) has jurisdiction over him? If that is true, Can NC modify this support order?
or

(2) The child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this State and all of the parties who are individuals have filed a written consent in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this act, the consent otherwise required of an individual residing in this State is not required for the tribunal to assume jurisdiction to modify the child support order.
(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this State, and the order may be enforced and satisfied in the same manner.
(c) A tribunal 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 G.S. 52C 2 207 establishes the aspects of the support order which are nonmodifiable.
(d) On issuance of an order modifying a child support order issued in another state, a tribunal of this State becomes the tribunal of continuing, exclusive jurisdiction.
(e) Repealed by Session Laws 1997 443, s. 10.12. (1995, c. 538, s. 7(c); 1997 433, s. 10.12; 1997 456, s. 27; 1998 17, s. 1.)


It seems to me that if a person signs the "Stipulation Agreement" and signs an "Answer and Waiver"... Then that person has knowledge of the Florida Order..... And I am still not sure what is meant about "Defendant is entitled to relief if he has not been adequately served with notice by the plaintiff in the florida proceeding."

Any help you can give would be appreciated.... I get headaches reading statutes...

Thanks Much
 

KimC

Junior Member
I should add...

I should add that the letter I received was not from the court at all. It was sent from my ex-husband' lawyer's office. The second page was stamped and was checked: Dropped into the regular postal service. and dated.

I have had nothing written that says anything about a date for the hearing. Although, I was "told" a date. (2 weeks). And nothing from North Carolina court system.
 

KimC

Junior Member
JesB said:
If there is a court date bring with you all of your old court minute entries, it will say in there that he was in court when the old order was established. Bring the copies of the payments that he made showing that he was and can pay. Find a lawyer, you can more than likely attend telephonically if you can show that you cannot make but you have to ask the judge for permissions first. Otherwise, show up, it is you and your childs future we are talking about here. When you get there you can ask that the judge award you fees.
JesB,
1st point: He did not go to court. He signed all the papers at the bank to get them notarized. I think he also signed some kind of "answer to the court" just so he would not have to go to court.

2nd point: I already filled out some form saying how much he has paid me directely over the last 10 years. It wasn't much... But, I wanted to be fair. (Last week)

3rd point: Evidently this is not a hearing to modify the order. Evidently this is just a motion to make NC not enforce child support. Kinda floored me there... He just doesn't want to pay. no matter what!
 

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