Saturday, October 17, 2009

Important UIFSA Case Decided by the Indiana Supreme Court

The Indiana Supreme Court has reversed a ruling by the court of appeals that the Full Faith and Credit for Child Support Orders Act preempted UIFSA as to rules for continuing jurisdiction to modify.  The Supreme Court interpreted them in a way that was not in conflict.

http://www.in.gov/judiciary/opinions/pdf/09030901rdr.pdf



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http://lawprofessors.typepad.com/family_law/2009/10/important-uifsa-case-decided-by-the-indiana-supreme-court.html

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Comments

This case also summarily affirmed the Court of Appeal's holding that term "residence" in the UIFSA/FFCCSOA means "domicile" as opposed to physical presence. In doing so, Indiana joined six other states (California, Missouri, Minnesota, Texas, Alabama, and Georgia) that have equated residence with domicile in the UIFSA. It will be interesting to see whether this trend continues and if NCCUSL will ever weigh in on this issue.

Posted by: Scott | Oct 21, 2009 9:19:12 PM

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