Under UIFSA, full faith and credit to a foreign child support order is not required if the issuing state has jurisdiction to enter the order and which condition exists?

Prepare for your Bar Exam with our Rule Statements Test. Our quiz includes multiple choice questions with clear hints and detailed explanations. Ace your exam with confidence!

Multiple Choice

Under UIFSA, full faith and credit to a foreign child support order is not required if the issuing state has jurisdiction to enter the order and which condition exists?

Explanation:
Under UIFSA, recognition across state lines hinges on continuing exclusive jurisdiction (CEJ) and where the parties reside. A foreign child support order generally gets full faith and credit in another state if the issuing state had proper jurisdiction to issue the order and one or both parties (or the child) still resides in that issuing state, so the issuing state can maintain CEJ. The situation where full faith and credit is not required occurs when the issuing state has jurisdiction to enter the order and none of the parties resides there. Once everyone has moved out, the issuing state no longer holds CEJ over the case, and another state where the parties now reside can operate under its own jurisdiction to enforce or modify, without being bound by a mandatory FF&C conclusion from the issuing state. That is why this condition best fits the scenario described. If all parties still reside in the issuing state, full faith and credit would typically be required in other states. If the issue is about consent to jurisdiction in another state, that factor does not alone create the exception described above.

Under UIFSA, recognition across state lines hinges on continuing exclusive jurisdiction (CEJ) and where the parties reside. A foreign child support order generally gets full faith and credit in another state if the issuing state had proper jurisdiction to issue the order and one or both parties (or the child) still resides in that issuing state, so the issuing state can maintain CEJ. The situation where full faith and credit is not required occurs when the issuing state has jurisdiction to enter the order and none of the parties resides there. Once everyone has moved out, the issuing state no longer holds CEJ over the case, and another state where the parties now reside can operate under its own jurisdiction to enforce or modify, without being bound by a mandatory FF&C conclusion from the issuing state. That is why this condition best fits the scenario described.

If all parties still reside in the issuing state, full faith and credit would typically be required in other states. If the issue is about consent to jurisdiction in another state, that factor does not alone create the exception described above.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy