Tuesday, July 26, 2011

UIFSA Grants Jurisdiction to Enforce Not to Modify

Osborne v. Osborne, 2011 UT App 150 (Utah Court of Appeals, May 12, 2011)
Osbornes divorced in Arkansas.  Mrs. Osborne moved to Utah and had her Decree domesticated under UFISA and filed for the entry of a QDRO and back alimony.  She was granted the QDRO and back alimony.  Mr. appealed arguing that the court did not have subject matter jurisdiction.
The Court of Appeals found that UIFSA does not give Utah courts the power to modify the Decree, but does allow for enforcement thereof.  The filing of the QDRO and ordering of back support are enforcement issues.  The case must be transferred in order for a decree to be modified.  Also, the Court did not err in finding that Mr. owed the back alimony payments.  (Mrs. Was to be paid alimony until she began to receive her distribution of the railroad retirement benefits).

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