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Modification of Support order in Violation of UIFSA?

Grand Rapids, MN |

Itasca County Modified an existing suppport order in 2002 and never registered it in my state of residence (CO), the mother and child lived in CA at the time of modification. Neither of us or the child had resided in MN for over 4+ years. Itasca is finally registering that order for UIFSA enforcement(the first i learned about UIFSA) in IL. Is the modification valid? They have refused to review the case since the modification in 2002.

Attorney Answers 3


Why is the order being registered in IL if you (as the support obligor) live in CO? Does the mother now live in IL? Yes, the modification is still valid until a new order says it isn't.

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It is possible the modification was made without appropriate jurisdiction if neither you nor your child nor your former wife resided in Minnesota at the time the motion to modify was filed. But there are a few possible problems. And because of those problems, you should immediate contact a very good Minnesota Family lawyer who has in depth knowledge of the Uniform Interstate Family Support Act (UIFSA) and the case law under it. The problems are: (1) the amount of time that has passed since the modification order was entered; (2) not knowing what kind of notice you received about the original hearing; (3) other matters regarding the reason and basis for the modification request and how it came about; (4) in what way, if any, you participated in the modification if you received notice of the planned modification.

You should contact lawyers with in-depth knowledge about UIFSA in both Minnesota and Illinois to address the issues in the case. And you have a very short time (generally 20 days) from the time you receive notice of the planned registration in which to object to that registration. And if you do not object to registration of the Minnesota order outside Minnesota, you may have additional problems outside the state in which the order is registered.

This response does not constitute legal advice and does not create an attorney-client relationship. I am licensed to practice only in Kansas. Seek legal advice from an attorney in your state or the state in which your legal claim exists.

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It is not clear if the original support order was out of Minnesota. If so, then if it was not moved out of the state the court would maintain jurisdiction to modify it. What happens now depends on the notice received back then and if you had an opportunity to contest the order. More information would be needed. Please feel free to call for a consultation. Robert A. Manson 651-604-0711

The opinions in this answer are based upon limited facts. Specific facts can change advice and answers provided. The answer provided herein is not meant to be relied upon as a legal opinion and is only provided for general guidance. No attorney-client relationship is meant to be formed by the posting of this answer.

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