Minn. Stat. § 518C.28

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

1. Our study of the purposes and provisions of URESA persuades us that in a standard URESA action, in which ongoing support is sought, the duty of support is to be determined by the law of the responding state without regard to orders or judgments of foreign courts. Minn. Stat. § 518C.28 (1982) provides that “[djuties of support applicable under sections 518C.01 to 518C.36 are those imposed under the laws of the state where the obligor was present for the period during which support is sought.” The foreign order may, however, be used as evidence that the obligor does in fact owe a duty of support. Minn. Stat. § 518C.16 (1982) provides that “[i]f the action is based on a support order issued by another court, a certified copy of the order shall be received as evidence of the duty of support * * *.” We read this language to mean that a foreign order is evidence that the obligor’s relationship to the obligee gives rise to a duty to support; the language does not compel a responding state to award the same level of support. Any support payments made by an obligor pursuant to a foreign URESA order must be “credited against amounts accruing or accrued for the same period under a support order” made by a court of this state, Minn. Stat. § 518C.20 (1982). Because all fifty states *649 have similar reciprocal legislation, 9A U.L.A. (1979), 1983 Supp. 187, 224, when a Minnesota court orders payments to be made under URESA, those payments constitute a credit against amounts accruing under foreign orders.

1. Our study of the purposes and provisions of URESA persuades us that in a standard URESA action, in which ongoing support is sought, the duty of support is to be determined by the law of the responding state without regard to orders or judgments of foreign courts. Minn. Stat. § 518C.28 (1982) provides that “[djuties of support applicable under sections 518C.01 to 518C.36 are those imposed under the laws of the state where the obligor was present for the period during which support is sought.” The foreign order may, however, be used as evidence that the obligor does in fact owe a duty of support. Minn. Stat. § 518C.16 (1982) provides that “[i]f the action is based on a support order issued by another court, a certified copy of the order shall be received as evidence of the duty of support * * *.” We read this language to mean that a foreign order is evidence that the obligor’s relationship to the obligee gives rise to a duty to support; the language does not compel a responding state to award the same level of support. Any support payments made by an obligor pursuant to a foreign URESA order must be “credited against amounts accruing or accrued for the same period under a support order” made by a court of this state, Minn. Stat. § 518C.20 (1982). Because all fifty states *649 have similar reciprocal legislation, 9A U.L.A. (1979), 1983 Supp. 187, 224, when a Minnesota court orders payments to be made under URESA, those payments constitute a credit against amounts accruing under foreign orders.

State Ex Rel. Doucette v. Kraskey · 1993 3 citations

+ 3 more citations in this opinion.

Douglas County Child Support Enforcement Unit v. Cavegn · 1988 2 citations

+ 2 more citations in this opinion.

State of Wis. Ex Rel. Southwell v. Chamberland · 1984 1 citation

+ 1 more citation in this opinion.