Where can I find a form to file a petition to make a Kansas divorce decree executory in LA?
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Answer:
I'm assuming you're attempting to enforce a support order. The first state to impose a support order retains "continuing exclusive jurisdiction" as long as one of the parties continues to reside in that state or if both parties agree to transfer jurisdiction to another state.
In modification proceedings, it will be the law of the "continuing exclusive jurisdiction" state which will govern whether or not the nonresident has a duty of support. Note, however, that for enforcement purposes, it will be the law of the enforcing state that will govern enforcement proceedings.
The Uniform Interstate Family Support Act (UIFSA) allows the fifty (50) states and various foreign nations to initiate a support action. The custodial parent files a petition on the local court which is then forwarded to the country and/or state in which the obligor is located. UIFSA may be used to establish a support obligation, enforce an existing order of support, or be used to assist in parent locate.
Once issued, an support order may be sent to any other UIFSA state for registration. allowing that state's authorities to enforce the order. Registration does not give the enforcing state any authority to modify the order. The initiating state maintains continuing exclusive jurisdiction even though the debtor lives, or the order is being enforced, elsewhere.
Within the Support Enforcement Section of the Louisiana District Attorney’s Office is Parent Locate, which tracks and locates absent non-custodial parents. This effort involves everything from the use of telephone books and city directories to tracking social security numbers within state and federal tax agencies. Databases including Electronic Parent Locator, NCIC, VAX, CAJUN, and SLJX are also used. These methods of locating absent parents help in not only establishing support, but in the enforcement of established cases.
When enforcing collections cases, the office has several options.. For cases in which the arrears are over $500.00, the state automatically submits the obligor’ s name for credit reporting purposes, state and federal tax intercept, and lottery intercept. If the arrears are over $5,000.00, the obligor’s name is automatically submitted for passport suspension. Within the District Attorney’s Office, Support Enforcement proceeds with contempt rules and rules to suspend professional, vehicular, and recreational licenses. Additionally, the department files income assignments against the obligor’s income, including unemployment and worker’s compensation benefits. Liens are also filed against lawsuits. The department may file certified copies of executory judgments in the mortgage and conveyance office.
