![]() ![]() (1) the court has jurisdiction to make such a child support order and (e) Authority to modify orders.-A court of a State may make a modification of a child support order with respect to a child that is made by a court of another State if. Subsection (e) sets forth two criteria which must be met before a court of one state can modify a child support order issued by a court of another state: ![]() #Calair kramer trialThe trial court's order in this case was a “modification” within the meaning of the statute. 2 The statutory definition of a “modification” isĪ change in a child support order that affects the amount, scope, or duration of the order and modifies, replaces, supersedes, or otherwise is made subsequent to the child support order.Ģ8 U.S.C.A. The act further declares that the appropriate authorities of each state “shall not seek or make a modification of such an order except in accordance with subsection (e)” of the Act. The Act provides that each state shall enforce the terms of a child support order “made consistently with the Act by a court of another state.” 28 U.S.C.A. (3) to avoid jurisdictional competition and conflict among State courts in the establishment of child support orders. (2) to discourage continuing interstate controversies over child support in the interest of greater financial stability and secure family relationships for the child and (1) to facilitate the enforcement of child support orders among the States #Calair kramer fullOn October 10, 1994, Congress enacted the Full Faith and Credit for Child Support Orders Act. (1995).įederal legislation has preempted Florida law with respect to modification of child support orders rendered in another state. Alan moved for judgment on the pleadings and, on July 19, 1996, the trial court granted Alan's motion and terminated his child support obligations as of March 25, 1995, Ryan's eighteenth birthday. In response to Alan's Florida petition, Claire informed the court of the pending New York action and, among other things, requested that the Florida court refuse jurisdiction. 1 In May, 1996, while the New York action was pending, Alan filed a petition for modification in Florida requesting that his child support obligation be terminated because Ryan had reached the age of majority pursuant to Florida law on March 25, 1995. On March 20, 1996, Claire filed a petition in New York seeking child support arrears and a declaration that Alan was responsible for paying a portion of Ryan's college expenses. In 1988, a New York court entered an order modifying the support obligation by increasing the amount to $200 per week. After the divorce, Alan moved to New York where he continues to reside. Prior to entry of the divorce decree, Claire and Ryan moved to Florida where they have lived for over 17 years. The final judgment of divorce required Alan to pay $100 per week in child support for their son Ryan, who was born on March 25, 1977. § 1738B.Īlan and Claire Kramer were divorced in New Jersey in 1979. We reverse because the trial court was without authority to modify the out-of-state child support order under the Full Faith and Credit for Child Support Orders Act, codified at 28 U.S.C.A. This is an appeal of an order terminating a father's child support obligations. Finkel, P.A., Fort Lauderdale, for appellee. ![]() District Court of Appeal of Florida,Fourth District.Ĭlaire Schueler KRAMER, Appellant, v. ![]()
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