LD 432, Page 17 - 119th Legislature, FIRST REGULAR Session

jurisdiction can appear in a custody proceeding or an enforcement

action without being subject to the general jurisdiction of the

State by virtue of the appearance. However, if the petitioner

would otherwise be subject to the jurisdiction of the State,

appearing in a custody proceeding or filing an enforcement

proceeding will not provide immunity. Thus, if the non-custodial

parent moves from the State that decided the custody determination,

that parent is still subject to the state's jurisdiction for

enforcement of child support if the child or an individual obligee

continues to reside there. See UIFSA § 205. If the non-custodial

parent returns to enforce the visitation aspects of the custody

determination, the State can utilize any appropriate means to

collect the back-due child support. However, the situation is

different if both parties move from State A after the

determination, with the custodial parent and the child establishing

a new home State in State B, and the non-custodial parent moving to

State C. The non-custodial parent is not, at this point, subject

to the jurisdiction of State B for monetary matters. See Kulko v.

Superior Court, 436 U.S. 84 (1978). If the non-custodial parent

comes into State B to enforce the visitation aspects of the

determination, the non-custodial parent is not subject to the

jurisdiction of State B for those proceedings and issues requiring

personal jurisdiction by filing the enforcement action.

A party also is immune from service of process during the time
in the State for an enforcement action except for those claims
for which jurisdiction could be based on contacts other than mere
physical presence. Thus, when the non-custodial parent comes
into State B to enforce the visitation aspects of the decree,
State B cannot acquire jurisdiction over the child support
aspects of the decree by serving the non-custodial parent in the
State. Cf. UIFSA § 611 (personally serving the obligor in the
State of the residence of the obligee is not by itself a
sufficient jurisdictional basis to authorize a modification of
child support). However, a party who is in this State and
subject to the jurisdiction of another State may be served with
process to appear in that State, if allowable under the laws of
that State.

As the Comments to UIFSA § 314 note, the immunity provided by
this section is limited. It does not provide immunity for civil
litigation unrelated to the enforcement action. For example, a
party to an enforcement action is not immune from service
regarding a claim that involves an automobile accident occurring
while the party is in the State.

§1740.__Communication between courts

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