Legal Question in Family Law in Oregon

Re: false nonsupport claim 10 years back

Failure to pay support can result in contempt of court. Additionally, support has an automatic accrual of intrest. It is important that you speak with an attorney regarding courtroom procedures.

Feel free to contact me for a consultation.

Re: false nonsupport claim 10 years back

ANSWER:

Assuming it is an Oregon child support order and mother continues to live in Oregon but father in now living in Florida, mother cannot "sue him for back support" here in Oregon, since Oregon lacks personal jurisidiction over him (unless he is served here in Oregon with the legal papers).

Instead, she needs to implement the procedures for interstate child support enforcement under a law known as UIFSA (Uniform Interstate Family Support Act). In essence, mother needs to cause her Oregon child support order to be "registered" in Florida (where the obligor now resides) for support enforcement purposes, as provided in the UIFSA law. Mother can then proceed through the courts of Florida to enforce the Oregon support order against the Florida resident, who is subject to the jurisdictional authority of the Florida courts. (Alternatively, mother could request the Oregon child support enforcement authorities to contact the Florida child support enforcement authorities and take care of the entire matter on her behalf, as provided in the UIFSA law.)

Assuming the obligor no longer lives in Oregon, does not work in this state, has no money in this state, owns no property in this state, has no bank accounts in this state, pays no taxes in this state, etc., etc., any attempt to enforce the child support order in this state would be a total waste of time and effort.

In essence, if mother wants to enforce the order (and collect some money), she needs to go to where the money is. And right now, that would be in Florida, not Oregon.

Best advice: Hire a family law lawyer here in Oregon, who will then move to dismiss the Oregon proceedings for lack of jurisdiction as well as, probably, other procedural defenses that would be applicable to the case.

LAWRENCE D. GORIN

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Phone: 503.224.8884 (afternoons, Pacific time)

Fax: 503.226.1321

E-mail: [email protected]

http://www.divorcesource.com/OR/pages/ldgorin.html