Minn. Stat. § 518C.22

State on Behalf of McDonnell v. McCutcheon · 1983 2 citations

In an effort to delimit our holding, we pause to note what this case does not involve. First, it does not involve an attempt to enforce a foreign money judgment, obtained in the divorcing state, for arrearages. Such a judgment would generally be enforceable here, subject to the obli-gee’s right to assert jurisdictional defenses. Cf. Matson v. Matson, 310 N.W.2d 502, 505 (Minn.1981) (Matson I); Matson v. Matson, 333 N.W.2d 862, 868 (Minn.1983) (Matson II). Second, in the instant proceeding the New York decree was not registered, as permitted by Minn. Stat. §§ 518C.22-.25 (1982). 3 Thus, we need not decide what the effect of registration of the New York order would be. We deal here with what' might be called the “ordinary” or standard reciprocal action for support.

In an effort to delimit our holding, we pause to note what this case does not involve. First, it does not involve an attempt to enforce a foreign money judgment, obtained in the divorcing state, for arrearages. Such a judgment would generally be enforceable here, subject to the obli-gee’s right to assert jurisdictional defenses. Cf. Matson v. Matson, 310 N.W.2d 502, 505 (Minn.1981) (Matson I); Matson v. Matson, 333 N.W.2d 862, 868 (Minn.1983) (Matson II). Second, in the instant proceeding the New York decree was not registered, as permitted by Minn. Stat. §§ 518C.22-.25 (1982). 3 Thus, we need not decide what the effect of registration of the New York order would be. We deal here with what' might be called the “ordinary” or standard reciprocal action for support.

Marriage of Scott v. Scott · 1992 2 citations

Under the Revised Uniform Reciprocal Enforcement of Support Act (RURESA), if the duty of support is based on a foreign support order, the obligee may register the foreign support order in a court of this state. Minn. Stat. § 518C.22 (1990). The court administrator is required to promptly send a notice of the registration to the obligor by certified or registered mail. Minn. Stat. § 518C.24, subd. 2 (1990). If the obligor does not petition to vacate the registration within 20 days after the notice is mailed, the registered support order is confirmed. Minn. Stat. § 518C.25, subd. 2 (1990). Upon registration, the foreign support order is treated in the same manner as a support order issued by the court of this state and is subject to the same procedures for reopening, vacating, or staying as a support order of this state. Minn. Stat. § 518C.25, subd. 1 (1990).

We hold that an obligor is not required to object to the court’s jurisdiction to modify a foreign support order in a proceeding to register the order under Minn. Stat. §§ 518C.22-.25. In this case, appellant properly raised the jurisdictional challenge in his motion to dismiss the support modification proceeding. Our long-arm statute does not confer personal jurisdiction over appellant, and the trial court erred in refusing to dismiss the child support modification motion. 1

Marriage of Gibson v. Baxter · 1989 4 citations

+ 4 more citations in this opinion.