ILNews

Federal child support act trumps state act

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals ruled today that a federal act supersedes Indiana's statute regarding exclusive jurisdiction over two parties' child support order and affirmed the transfer of exclusive jurisdiction to a California court. In its ruling, the court had to decide whether or not the father still was a resident of Indiana in order to determine if the federal act applied to him. In In re the marriage of Mahmoud M. Basileh v. Arwa G. Alghusain, No. 29A02-0712-CV-1132, the Court of Appeals concluded the federal Full Faith and Credit for Child Support Orders Act controls over Indiana Code Section 31-18-2-5, Indiana's adoption of the Uniform Interstate Family Support Act. Another panel of the Court of Appeals had previously ruled that the FFCCSOA's section pertaining to a state's continuing, exclusive jurisdiction over its own child support orders mirrors Indiana Code.

At issue was whether the Indiana court needed consent of both the mother, Arwa Alghusain, and father, Mahmoud Basileh, to grant Alghusain's motion to transfer jurisdiction over her children's child support matters to her home county of Monterey County, Calif. Basileh never consented to the change of jurisdiction and maintained that he was still a resident of Indiana even though he moved out of the country to take care of a sick relative and find employment. The UIFSA doesn't allow for an out-of-state transfer of exclusive jurisdiction when the parties or children don't reside in the state until all the parties file a written consent with the court. Under the FFCCSOA, Indiana wouldn't have continuing, exclusive jurisdiction if it isn't the child's state or the residence of one of the parties. In its decision to affirm the transfer of exclusive jurisdiction, the appellate court had to discern if the father was considered domiciled in Indiana at the time of the trial court's order. Basileh presented evidence from two filings to the trial court pertaining to the reasons for his move from Indiana, but the record contains no documentation of his claims he continues to rent a storage facility here, has an Indiana bank account, or has a permanent address in the state, wrote Judge Nancy Vaidik. In addition, the father's two filings have inconsistencies regarding the time he said he left Indiana to move overseas. Based on the evidence, Basileh failed to show a subjective intent to return to Indiana, she wrote. The appellate court found Basileh is no longer domiciled in Indiana and the state is not his place of residence for purposes of the FFCCSOA. As such, Indiana no longer has continuing, exclusive jurisdiction over the parties' child support order. In a footnote, the court encourages the Indiana General Assembly to revisit the language of I.C. Section 31-18-2-5(a) given the court's conclusion this subsection conflicts with federal law.
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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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