Legal Question in Family Law in New York

Re: Child Support Modification/Enforcement

The Uniform Interstate Family Support Act ules for subject matter jurisdiction are different from the general domestic relations provisions of the RCW. Unless the other party consents you generally will not be able to modify a support order in a state other than the state where the order was issued or where the responding party resides. You can enforce an existing support order in Washington. The problem is not personal jurisdiction but subject matter jurisdiction, and Washington courts do not have subject matter jurisdiction for modifications of orders from other states except under specific conditions. That said there may be clever ways around it, but clever alternative theories are as often rejected as accepted by the courts.

Re: Child Support Modification/Enforcement

Jurisdiction is proper in WA when you and the child have lived in WA for more than six months.

You secure long arm jurisdiction over an out of state obligor with personal service.

You fax the process server in NY the pleadings for service. That gives the WA court jurisdiction to adjudicate a modification here.

Actually, you have him servied wherever you can find him.

And asking him to respond to a motion is different from asking him to answer a modification petition, it can happen on 14 days' notice. You do not have to wait 60 days for the hearing. He has 60 days to answer the petition if he's served out of state.

You have to file for post-secondary before the original order expires by its own terms.

Hope this helps.

Elizabeth Powell