ILNews

Court rules on transfer to California court

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court affirmed a trial court's decision to relinquish its jurisdiction over child support matters to a California trial court. In its opinion, the high court examined the interplay between the Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act.

In Mahmoud M. Basileh v. Arwa G. Alghusain, No. 29S02-0810-CV-584, father Mahmoud Basileh appealed the trial court's transfer of visitation, custody, and child support matters to Superior Court of Monterey County, Calif., where mother Arwa Alghusain relocated with their children shortly after the couple divorced in Hamilton County, Ind. Basileh had also moved overseas to take care of his mother and no longer lived in Indiana. He objected to Alghusain's petition to transfer jurisdiction and he never filed a written consent to the transfer. The Indiana Court of Appeals affirmed, finding Basileh was no longer a resident of the state within the meaning of the FFCCSOA and that act preempts the UIFSA because of a conflict between the two statutes.

The high court summarily affirmed the Court of Appeals' determination concerning residency and examined the preemption issue in its opinion released today. The justices examined the history behind the acts and Indiana's adoption of its UIFSA and concluded that Congress didn't intend for the FFCCSOA to preempt the UIFSA and that it appeared the FFCCSOA was intended to follow the contours of UIFSA, wrote Justice Robert Rucker. In addition, the nonresidency requirement and consent requirement of Indiana's version of the UIFSA are closely modeled after the federal version of the UIFSA.

The Court of Appeals interpreted the Indiana statute to say for the state to no longer retain jurisdiction, both the nonresidency requirement and the written consent requirement must be met. But the Supreme Court found this part of the statute to be ambiguous and looked to legislative intent. The UIFSA contains a consent requirement from both parties that the FFCCSOA does not, the justice noted.

The justices found the language in the federal act to be a strong indicator of the legislative intent when it enacted the Indiana statute in that the nonresidency requirement and the consent requirement of the statute are separate and alternative methods by which an Indiana court may maintain its continuing, exclusive jurisdiction over a child support order. As such, both the absence of the parties and consent before a court loses jurisdiction isn't required.

"In this case it is of no moment that the parties did not file a written consent with the Indiana court for the California court to modify the Indiana support order. Rather, the Indiana court lost its jurisdiction because Father, like Mother and the children, is no longer an Indiana resident," wrote Justice Rucker.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

ADVERTISEMENT