Clarification of UIFSA Long Arm Jurisdiction

[pa_ak]

What is the name of your state? AK

How exactly does the long arm jurisdiction work? Does it apply to modification cases? Or is it only applicable during establishment of initial support orders?

If it does apply to modifications, would my ex's filing a motion in AK for change in custody (another issue) where he also asked for modification of support constitute him submitting to the AK courts for jurisdiction?

Original decree is in TX; he lives in FL; AK sent mod request to FL; motion for modification filed Feb 2007 in FL but there has been no hearing and one is not set. There has been however a hearing in AK and another is scheduled for Wed October 17th to determine which court has jurisdiction of what (custody/visitation issues and support issues).

I am aware I should keep all posts together ; however, this is a question that is a different topic. I need clarification on how long arm jurisdiction works.

Thank you in advance for your time.What is the name of your state?

 

[Golfball]

From what I've read, petitioning the courts for affirmative relief usually qualifies as submitting to the court's jurisdiction.

I've been told that there are exceptions or restrictions to this, but a modification motion is not one of those exceptions.


Correct me if I'm wrong, but from what I gather from your post(s), your ex has filed for modification of custody in AK, modification of support in AK, and modification of support in FL? And if I'm correct on what has been filed where, the next question would be when those filings occurred.

 

[pa_ak]

Filings...

Here is the timeline

Nov 2005 - I filed for modification of support through AK CSED; it was sent to Florida

Apr 2006 - Texas support order registered in Florida for enforcement by Florida CSED. Arrearages caught up (~$500)

Feb 2007 - Florida CSED found increase was warranted; he disagreed; motion filed with court in Florida by Florida CSED

May 2007 - I registered my Texas decree (custody and support order) in AK for enforcement as a foreign order. Was able to do so since no modification of either portion has taken place.

Jul 2007 - Order confirmed registered; I filed AK Family Law pro se paperwork for change in custody, visitation or support since he has not seen children in 3 years (want him to re-establish relationship before taking them out of state for extended periods). My ex filed motion to set aside registered order 3 weeks after it was confirmed. Did not respond to motion.

Aug 2007 - AK Judge held status hearing; set date for second status hearing to decide which state had jurisdiction of which issues.

Sep 2007 - Ex filed countersupplemental petition for change in custody. In this motion, he also asked for modification of support paid. He based his reasoning for modification on the fact I make 3 times as much money as he does. I answered all his motions with oppositions.

Oct 2007- Hearing scheduled for Oct 17th. Florida Judge presiding over case is scheduled to appear telephonically. Ex's attorney filed motions in Florida against the UIFSA case in regards to custody/visitation...which from what I've read is not allowed. I had to hire a Florida attorney to have these motions dismissed. This will be determined at the hearing on Wed I think.

 

[lwpat]

Long arm jurisdiction is when a person has enough significant contacts with a state to bring them under that state's jurisdiction. For example, the state where the child was conceived has "long arm" jurisdiction.

Since AK is now the domicle of you and the children, AK has jurisdiciton over custody. they can also assume jurisdiction of support since neither of you live in Texas. By replying to the Ak court in Jul 2007, the ex has brought himself under the jurisdiction of the AK court unless the response was a challenge to jurisdiction. You should challenge the Florida courts jurisdiction and request that they stay any action until the AK court rules.

 

[pa_ak]

Well, that is what are hearing for Wednesday is for. However, there has now been a stipulation entered in the Alaska courts by his attorney and the one I had to hire stipulating All matters in the case should be handled by the Alaska courts.

Would this constitute in writing his giving Alaska jurisdiction of him since his attorney is the one who submitted it?

 

[Golfball]

Well, that is what are hearing for Wednesday is for. However, there has now been a stipulation entered in the Alaska courts by his attorney and the one I had to hire stipulating All matters in the case should be handled by the Alaska courts.

Would this constitute in writing his giving Alaska jurisdiction of him since his attorney is the one who submitted it?

If he's stipulating that all matters should be heard by the Alaska courts, I think that's almost a slam dunk for jurisdiction. He's consenting, you're agreeing, and I think that's enough for personal jurisdiction over both parties.

The only question is whether the Alaska courts have subject matter jurisdiction over the support, and I *think* they do.

Good luck tomorrow.

 

[pa_ak]

If he's stipulating that all matters should be heard by the Alaska courts, I think that's almost a slam dunk for jurisdiction. He's consenting, you're agreeing, and I think that's enough for personal jurisdiction over both parties.

The only question is whether the Alaska courts have subject matter jurisdiction over the support, and I *think* they do.

Good luck tomorrow.

Thanks for the well wishes. My Florida atty thinks the hearing may be cancelled. I'm hoping not especially since my ex so flagrantly posted on mySpace he is flying to OKC the same day he's supposed to be in court...

I'm keeping my fingers crossed this gets settled soon...

 

[pa_ak]

The hearing is still on.... Am hoping if nothing else, I can at least get a temporary support order if the judge continues the hearing secondary to my ex and his attorney "no-showing"

will update after the hearing...

 

[pa_ak]

UPDATE....Hearing Held

First I apologize for the delay in updating. Had sick kids at home and had to go to the dentist yesterday...

We had the hearing on Wednesday. I received the order in the mail yesterday. Here is the verbage on the support:

"Alaska will accept and assert jurisdiction over child support issues pursuant to the parties' consent unless the State of Florida enters an objection by 5 December 2007. Both parties shall serva a copy of this order on the Florida agency and attorney general's office or with another appropriate official pursuant to Florida's rules of service and shall file a proof of service in Alaska."

The judge gave my ex until 2 Nov 2007 to provide me and the court with his two most recent paystubs and to also show proof of health insurance that is useable in the State of Alaska by the same date or have 100% of my monthly premium for the kids added to his support.

The judge denied all motions regarding custody/visitation as moot and also denied his motions for attorney fees....so I am very happy with the outcome...essentially based on the information from his financial affidavit which is 10 months old, he will be paying $140 less than what Florida said he had to pay because Alaska doesn't include daycare costs and now he has all these attorney fees. I'm hoping the judge will make the order retroactive to when the modification was applied for since this is allowed under the statutes.