Tuesday, March 28, 2006
The Ohio Court of Appeals traces issues of jurisdiction over child support orders in a case involving a Mother seeking to enforce child support orders from Puerto Rico in the Ohio courts.
Mother had registered and sought to enforce an order of support and for arrearages issued by the court in Puerto Rico. The entire family had lived in Puerto Rico, where the original child support ordered had been issued in 1971. After the divorce, all the parties had moved to New York. The court noted that, at that point, New York had effectively obtained exclusive and continuing jurisdiction. Thus the Puerto Rican court was without jurisdiction to have issued an arrearage judgment at that time. However, Mother subsequently moved back to Puerto Rico with child. Thereafter, the court had jurisdiction to issue a new support order for the child's prospective care. The court held that, although Puerto Rico did not have jurisdiction to enforce the 1971 support order for arrears that accrued after New York obtained jurisdiction, it did have jurisdiction to enter a support order for the prospective care of the child.
Thus, the trial court's judgment regarding the registration of the Puerto Rico support order concerning the child's prospective care was affirmed. However, the trial court's order which enforced Puerto Rico's attempt to collect the arrears stemming from the 1971 order was vacated, and the case was remanded for recalculation of arrears that accrued from 1971 until 1976.
Cruz v. Cumba-Ortiz, 2006 Ohio 1362, 2006 Ohio App. LEXIS 1230 (March 23, 2006)