How to Enforce an Out-of-State Divorce Agreement in New York
Your divorce is final and you are ready to move to New York. As you manage the usual stress of an interstate move – finding a place to live, finding new doctors, enrolling children in school, etc. – you may also be worried about whether your divorce decree will be enforceable. You don’t want to relive and renegotiate the terms of your divorce. However, sometimes changes are necessary and our Brooklyn divorce lawyer is here to guide you through the process.
New York's Uniform Interstate Family Support Act: Bridging the Gap Between States
When you move to New York with an out-of-state divorce agreement, the Uniform Interstate Family Support Act (UIFSA) applies. This law, adopted by all 50 states, including New York, provides a framework for handling interstate child and spousal support issues.
Child Support: Ensuring Consistent Enforcement
According to UIFSA:
- The state that decided child support may have continuing jurisdiction over child support modifications. The state that issued the original child support order generally retains continuing exclusive jurisdiction as long as one of the parties or the child resides there. This means that only the issuing state can modify the order, even if you've moved to New York but your former spouse or child remains in the other state. However, if neither your former spouse nor your child live in the state where you were divorced, New York courts may have jurisdiction to modify the order.
- New York may enforce payment of child support. If your ex-spouse fails to pay child support, you can register the out-of-state order in New York for enforcement. This allows New York courts to use local enforcement mechanisms, such as wage garnishment or property liens, to collect unpaid support.
Spousal Support: Protecting Long-Term Financial Arrangements
Generally, New York does not get involved in spousal support agreements made in other states. However, New York may enforce payment of spousal support if a spouse fails to pay. Like child support, you can register an out-of-state spousal support order in New York for enforcement under UIFSA.
New York’s Uniform Child Custody Jurisdiction and Enforcement Act
While UIFSA primarily addresses support issues, another law, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), governs interstate custody disputes.
When you move to New York with an out-of-state custody agreement, the UCCJEA becomes critical in maintaining and enforcing your parental rights. This law, adopted by New York and nearly all other states, provides a framework for resolving interstate custody disputes and ensures consistency in custody determinations across state lines.
How the UCCJEA Affects Your Out-of-State Custody Agreement
When you move to New York with an existing custody order, the UCCJEA impacts your situation in several ways:
- Recognition of out-of-state orders. New York courts generally recognize and enforce valid custody orders from other states, promoting stability for children and parents.
- Modification limitations. New York courts cannot modify an out-of-state custody order unless they have jurisdiction under the UCCJEA and the original state no longer has jurisdiction or declines to exercise it.
- Emergency jurisdiction. In cases of abuse or neglect, New York courts may exercise temporary emergency jurisdiction to protect a child, even if another state has primary jurisdiction.
- Enforcement mechanisms. The UCCJEA provides tools for enforcing out-of-state custody orders in New York, including expedited enforcement procedures.
Applying the UCCJEA can be complex, especially in situations involving:
- Relocation disputes
- Temporary absences from your home state
- Simultaneous proceedings in multiple states
- International cases
Protecting Your Family’s Rights in New York
UIFSA and UCCJEA are complicated laws that can significantly impact your family. A Brooklyn family law attorney can:
- Determine which state has jurisdiction
- Register out-of-state orders in New York to make them easier to enforce
- Seek enforcement in New York when available
- Guide you through the process of seeking support or custody modifications in the appropriate jurisdiction
Don't let uncertainty about your divorce agreement add stress to your new life in New York. Instead, take the necessary steps to set yourself up for future success. Attorney Ted Alatsas and his team are here to help you.