ILNews

Federal child support act trumps state act

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

ADVERTISEMENT