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What was the major setback in URESA while dealing with court hearings across state lines?
KellyBrian
The problem with URESA, was that the responding state had only the evidence presented by the obligor himself. That is, when the ex-wife or mother initiated proceedings, she was not a party to the court hearings that took place in the responding state. As a result, the responding state often found in favor of the obligor, thus nullifying the intention of URESA.
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What is the new name of the URESA?
In 1992 the Uniform Reciprocal Enforcement of Support Act (URESA) was replaced by the Uniform Interstate Family Support Act (UIFSA).
What is the Revised Uniform Reciprocal Enforcement of Support Act RURESA?
In 1958, the Commission amended URESA and the Act became the Revised Uniform Reciprocal Enforcement of Support Act (RURESA).
Why was the Uniform Reciprocal Enforcement of Support Act URESA created and how does it help with child support orders across state lines?
The idea was to enable parties to initiate legal action in their home state and the responding state would decide if the obligor (the person owing the money) actually had a duty to provide support. If so, the responding state would extradite the obligor back to the initiating state.
How did the Revised Uniform Reciprocal Enforcement of Support Act RURESA help if a husband or father fled to another jurisdiction?
This Act improved upon URESA by allowing claimants to take support orders that were issued in one state and register them in other states so that if a husband or father fled to another jurisdiction, the order was still enforceable. In addition, the claimant had the opportunity to present her case to the responding court so that the court had both sides of the story before issuing a ruling.
In NJ is it possible to have a property lien placed on an ex-spouse for not paying the education expenses of the child when the court ordered it?
Yes. It must be done in conjunction with the court where the original child support order was mandated. But what if the ex-spouse lives in another state than the one that awarded your your judgment? Can you enforce that judgment in the other state and will that other state allow you to put a lien on the property? Once a judgment has been granted in any type of case, it can be filed as an abstract judgment against a debtor that lives in a different state. However, the main problem will be trying to get the order enforced in another state. The parent ordered to pay support can appeal under the UIFSA laws and keep the issue and the involved parties can find themselves facing years of litigation. It is not simply a matter of filing an application of enforcement with the N.J. court, receiving a judgment and enforcing the judgment as a lien against the person's property. This is a matter that is best handled by an attorney who is versant in FCCSOA, URESA and UIFSA laws.
What do the numbers on a court case number mean?
Case numbers look like the following: 94-C-140 This would mean that this is the 140th general civil case filed during 1994. Case number is year-case type-amount so far.Case numbers are assigned when a case initiating document is filed. The case number is entered on the original and all copies of that document returned to filing attorney or party. It is crucial that careful control be exerted over the assignment of case numbers so that no two cases are given the same case numbers and that no case number is skipped. New case numbers are not assigned to cases that are reopened or cases remanded from the Supreme Court.Case Type CodesCIVILC = General Civil (includes, but is not limited to torts, contract case, extraordinary writs, condemnation cases, removals from magistrate court, and foreign judgments)D = Domestic Relations (Includes, but is not limited to, divorces, paternity suits; annulments, separate maintenance action, URESA cases, and original petitions for establishment of child or spousal support)A = AdoptionMH = Mental HygieneG = Guardianship/ConservatorshipC-AP = Civil Appeal from Magistrate Court (Includes appeals in family violence cases)P = Miscellaneous Proceedings (Includes miscellaneous civil proceedings which do not involve a money judgment, generally require only one hearing, and usually are presented by petition rather than complaint. Also includes petitions ancillary to criminal proceedings in magistrate court)JA = Juvenile Proceeding - Child Abuse/NeglectJD = Juvenile Proceeding - DelinquencyCRIMINALB = Felony Charge Bound Over to Circuit Court from Magistrate CourtM = MisdemeanorF = FelonyM-AP = Criminal Appeal from Magistrate Court
Family Law Terms-What are some basic terms a father needs to know in dealing with a divorce or paternity action?
The following is a glossary of basic legal terms in family law. Each state may vary some in their chosen meaning, and they may completely replace a term with another (Texas: custodial parent = managing conservator).ADVERSARY PROCEEDING: One having opposing parties; contested, as distinguished from an ex parte hearing or proceeding. One in which the party seeking relief has given legal notice to the other party, and afforded the latter an opportunity to contest it.ALIMONY: Allowances which husband, or wife, by court order pays the other spouse for maintenance while they are separated, pending a suit for divorce (pendent lite).CHILD ABUSE: Mental or emotional injury; physical injury; sexual contact.CHILD SUPPORT: Monies paid by a Non-Custodial Parent, or Joint Custody Parent not having primary residency, to cover the cost of maintaining and supporting the child(ren). No accounting of how the money is spent is required of the obligee.COMMUNITY PROPERTY: Property owned jointly by the wife and husband in undivided condition; includes all property obtained after marriage, including pension plans; but, does not include gifts or inheritance that either may have received during the marriage.CUSTODY: Refers to the person(s) who has legal possession of the child(ren). Custody is always granted by the Court under temporary orders, final decree of divorce, or modification.CUSTODIAL PARENT: The person who has legal custody and all parental rightsregarding the child(ren).EX PARTE: A judicial proceeding, order, injunction, etc., is said to be ex parte when it is taken or granted at the instance and for the benefit of one part only, and without notice to, or contested by, any person adversely affected by the proceeding or order.JOINT PHYSICAL CUSTODY: When both parents share in the parental rights. Legal domicile; access to, and possession of, the child(ren); and child support must still be decided.JOINT MANAGING CONSERVATOR: (Texas) see Joint Physical CustodyMANAGING CONSERVATOR: (Texas) see Custodial ParentOBLIGEE: The person entitled to receive child support payments.OBLIGOR: The person required to make child support payments.NON-CUSTODIAL PARENT: The person that does not have legal custody of the child(ren); few, if any, parental rights concerning the child(ren); and usually required to pay child support.POSSESSORY CONSERVATOR (Texas) see Non-Custodial ParentPRO SE: Propria Persona, appearing for oneself, as in the case of one who does not retain a lawyer and appears for himself in Court.SPLIT CUSTODY: Occurs when the Court appoints both parents custodians and gives one, or more, child to each parent.SPLIT CONSERVATOR: (Texas) see Split CustodyUNIFORM CHILD CUSTODY JURISDICTION ACT (UCCJA):Purpose of this Act is to avoid jurisdictional competition and conflict with courts of other states in matters of child custody.UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (URESA): Designed to find, and seek restitution from, an obligor who does not pay child support. It acts across state boundaries.VISITATION: The specific time(s) during which the non-custodial parent, or joint custodial parent, may visit the child(ren).WRIT OF HABEAS CORPUS: The primary function of the Writ is to release an accused from unlawful imprisonment. The office of the Writ is not to determine prisoner's guilt or innocence, and the only issue which it presents is whether the prisoner is restrained of his liberty by due process.WRIT OF MANDAMUS: This is a Writ which issues from a court of superior jurisdiction to an inferior court, commanding the performance of a particular act therein specified.
