Legal Question in Family Law in New York
Agreements Between Parties and Full Faith and Credit
Understanding that in most states, the divorce agreement will be the ruling document when it comes to support issues if they're included. But, if a voluntary agreement between parties is made as part of a Property Settlement, and it intails the parties to modify an existing support order in another state, Does that other state have to recogonize that agreement or does the UIFSA supercede any voluntary agreement between parties in another Legal Action in another state? I was told that Article 4 Section 1 of the Constitution would come into play. Since the state of the Divorce did not Decide to Order a Modification because it was an agreement between parties, shouldn't Article 4 Section 1 come into play?
1 Answer from Attorneys
Re: Agreements Between Parties and Full Faith and Credit
I will try to keep my reply simple. The United States Constitution requires all of the various states to give full faith and credit to the judgments entered in the courts of the other states. That means that all of the provisions of the judgment of divorce, including the attached property settlement and separation agreement must be enforced.
The question is "What law does the property settlement and separation agreement require be applied in interpreting the agreement. "
Secondly, does the judgment provide standards for determining "changed circumstances?"
I think that you are getting a bit bogged down with the terminology you are using and may be a bit confused.
Secondly, to answer your question requires information as to your position vis-a-vis the so-called "change of circumstances." In other words what do you want to accomplish. You can call me.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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