Legal Question in Family Law in New York

Court of Jurisdiction in Matrimonial Dispute

My mother and father were legally divorced in 1981 in the State of New York. The divorce decree was dated in 1981.In 1987, my mother moved to North Carolina. In 1991, My father, who lived in Brooklyn at the time, petitioned the New York Courts to modify the divorce decree because he retired and claimed his income was lower and that therefore, the alimony should be lower. He was unsuccessful in his attempt, however, the court did make some concessions and issued a mofication agreement dated 1991, also issued in New York. My father moved to Florida in 1992. His new wife died in 2005. After his wife died, he ceased all alimony payments in violation of original decree and subsequent modification. My mother, who moved to Pennsylvania in 1991, wants to know where, what court, should she file a complaint with. What is the court of jurisdiction in the case where parties to a divorce decree now reside in different states than where court decree, and subsequent modification were rendered??


Asked on 4/27/05, 11:14 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Court of Jurisdiction in Matrimonial Dispute

The NY Court where the Divorce and Judgment was originally entered, is the place your mother's "complaint" or motion should probably be filed. Alternatively, an "enforcement" proceeding for the NY State's Judgment or Order, may be filed in the state that is the "source" of your father's funds, (IF, changed from NY).

Please note, NY retains "original" jurisdiction over any all judgments, contracts and agreements entered by their Courts, even if the parties change their residence; or another state court "assumes" authority to "enforce" the judgment, contract or agreement, within its borders. Additionally, a NY Supreme Court Order would have authority to issue a garnishment Order directly on an Employer Pension "originating" from NY employment, when another State's Court Order would require added process (through a NY Court) before a NY State Agency, Pension Plan or Employer, would be compelled to honor the Order.

Good luck,

Phroska L. McAlister,ESQ

Good luck,

Phroska L. McAlister,ESQ

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Answered on 4/27/05, 1:50 pm


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