How long does it take to register a foreign judgment from another state?

[Reqless607]

What is the name of your state (only U.S. law)? MT & MO
I have a parenting order that was originally from Montana and with the assistant of a attorney am going through the steps of registering that judgment in Missouri, so that we can then go to court for some serious issues with my kids and severe contempt of their mother.
The attorney has said a few times that while registering a foreign judgment is simple, it can take a bit do to all the things each court needs to do.

My question is, how long on average from start to finished does it take to register a foreign judgment in another state? I cant proceed with the important issues until the registering is complete and I just want to have an idea how long that will take.
I'm hoping someone has done it before and has an idea of how long it takes. I do have an attorney but don't want to bug him with these kind of questions until our next meeting but its just been on my mind

 

[justalayman]

there is a difference between registering (domesticating) a judgment in another state and transferring jurisdiction. Domesticating a judgement so it can be enforced in the new state does not in itself transfer jurisdiction. If you do not transfer jurisdiction, the new state's court cannot modify the order but merely enforce the order as written in the original state.

So, are you simple domesticating the order or transferring jurisdiction?


I have not checked the actions specifically required to domesticate an order but in the states I know offhand, it is a simple process of registering it with the clerk of the court after which notice is sent to the party involved with the order. Very quick.

If you are talking about transferring jurisdiction, then it can be much longer as the other party has a right to defend the action.

 

[sandyclaus]

What is the name of your state (only U.S. law)? MT & MO
I have a parenting order that was originally from Montana and with the assistant of a attorney am going through the steps of registering that judgment in Missouri, so that we can then go to court for some serious issues with my kids and severe contempt of their mother.
The attorney has said a few times that while registering a foreign judgment is simple, it can take a bit do to all the things each court needs to do.

My question is, how long on average from start to finished does it take to register a foreign judgment in another state? I cant proceed with the important issues until the registering is complete and I just want to have an idea how long that will take.
I'm hoping someone has done it before and has an idea of how long it takes. I do have an attorney but don't want to bug him with these kind of questions until our next meeting but its just been on my mind

there is a difference between registering (domesticating) a judgment in another state and transferring jurisdiction. Domesticating a judgement so it can be enforced in the new state does not in itself transfer jurisdiction. If you do not transfer jurisdiction, the new state's court cannot modify the order but merely enforce the order as written in the original state.

So, are you simple domesticating the order or transferring jurisdiction?


I have not checked the actions specifically required to domesticate an order but in the states I know offhand, it is a simple process of registering it with the clerk of the court after which notice is sent to the party involved with the order. Very quick.

If you are talking about transferring jurisdiction, then it can be much longer as the other party has a right to defend the action.

Based on the highlighted portion of OP's original post, I'm thinking it's transferring jurisdiction, since they aren't simply looking to enforce but to go back to court to modify the judgment and address issues of contempt. In both cases, the other parent will have an opportunity to challenge the petition from OP before the current order can be changed according to OP's liking (if it can be at all).

These are absolutely the kinds of questions you need to be asking your attorney, as presumably, that attorney will be the one executing these steps to modify the current order on your behalf.

You could be looking at several months down the row before you even get your first hearing on the matter, let alone actually getting a modification of your order - and that's if the other parent doesn't put up much of a fight. I wouldn't expect anything to change until at least the Spring of 2014 - or later.

 

[Reqless607]

It must be transferring jurisdiction as well because after its in the new state, it will be enforced and modified.

 

[justalayman]

It must be transferring jurisdiction as well because after its in the new state, it will be enforced and modified.

If you don't know, how would you expect anybody else to know? It is your court order, is it not?

 

[latigo]

What is the name of your state (only U.S. law)? MT & MO

(Q: How long does it take to register a foreign judgment from another state?)

I have a parenting order that was originally from Montana and with the assistant of a attorney am going through the steps of registering that judgment in Missouri, so that we can then go to court for some serious issues with my kids and severe contempt of their mother.
The attorney has said a few times that while registering a foreign judgment is simple, it can take a bit do to all the things each court needs to do.

My question is, how long on average from start to finished does it take to register a foreign judgment in another state? I cant proceed with the important issues until the registering is complete and I just want to have an idea how long that will take.

I'm hoping someone has done it before and has an idea of how long it takes. I do have an attorney but don't want to bug him with these kind of questions until our next meeting but its just been on my mind

Are you sure that the interstate procedure your attorney is talking about is not one under Missouri’s Uniform Interstate Family Support Act (UIFSA) or Missouri’s Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA)?

The reason I am asking is because your question relates to registering your Montana parenting order in Missouri as a foreign judgment.

The problem there is that the Montana order could only qualify for registration in Missouri to be enforced as a foreign judgment in Missouri IF IT CONTAINS an order awarding you a money judgment against the mother. (See: “Uniform enforcement of foreign judgments law.” Section 511.760 et seq. Missouri Revised Statutes)

This Missouri law is an adaptation of the “Uniform Enforcement of Foreign Judgments Act" and is especially designed to provide a procedure whereby a money judgment issued in one state can be enforced against the property of the judgment debtor in a sister state by levying against the debtor’s assets situated in the state where the judgment is properly registered.

It is not designed for the purpose of enforcing foreign family court domestic orders.

Furthermore there is no means by which a Missouri court could hold the mother in contempt of that Montana parenting order. Which seems to be one of your major concerns.

I suggest that you have a sit down with your attorney. It may be that you have misinterpreted his intentions. But if I were you I would wish to know what specific Missouri statute(s) he has in mind.