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Q: Why does the court get involved in child support between Missouri and Puerto Rico's jurisdictions?
I am facing an issue where Missouri has emancipated my child, but Puerto Rico is still requiring me to pay child support. I am wondering why the court gets involved in this matter and how I can address the situation between these two jurisdictions.
A:
The court becomes involved in your case due to the Uniform Interstate Family Support Act (UIFSA), which governs child support matters across different jurisdictions. Puerto Rico is considered a "state" under UIFSA, which includes "a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession under the jurisdiction of the United States." This classification creates a framework for resolving conflicts between Missouri and Puerto Rico regarding your child support obligations.
Your situation highlights a common interstate challenge: differing laws regarding emancipation and support duration. Under UIFSA section 604(a), "the law of the issuing state governs the nature, extent, amount and duration of current payments and other obligations of support and the payment of arrearages under the order." This means that if Puerto Rico issued the original child support order, its laws regarding when support terminates might continue to apply despite Missouri's emancipation declaration.
To address this conflict, you need to determine which jurisdiction has "continuing, exclusive jurisdiction" over your case. UIFSA establishes that "the issuing tribunal retains continuing, exclusive jurisdiction over a child support order, except in very narrowly defined circumstances." You should file appropriate documentation with the court that issued the original support order, providing evidence of Missouri's emancipation declaration and requesting modification or termination of the Puerto Rico order. If both jurisdictions claim authority, you may need to petition for a determination of which order controls, as UIFSA provides mechanisms for resolving such conflicts.
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