In Re Marriage of Hubanks v. Hubanks
Iowa support order was concurrent with Wisconsin order. It did not effect husband’s support obligation in Wisconsin.
Iowa support order was concurrent with Wisconsin order. It did not effect husband’s support obligation in Wisconsin.
Where divorce was in Virginia, mother and child now live in Wisconsin, father lives in Delaware, Wisconsin cannot modify child support under UIFSA based on payor’s request. Wisconsin can modify under UIFSA only if either the parties file a written consent or the petitioner seeking modification is a nonresident, the respondent is subject to personal jurisdiction and no one lives in issuing state.
While a trial court has authority to dismiss a UIFSA action for discovery violations, the law requires a finding of egregious conduct by the violating party as a prerequisite to the severe penalty of dismissal.
A court may decline to exercise jurisdiction if a party does not have clean hands. This requires a finding of wrongful removal or similar reprehensible conduct.
Court cannot exercise jurisdiction under “significant connections” test where children were abducted to Wisconsin since to do so would encourage abductions.
Where children’s only contact with Wisconsin is for summer visitation, jurisdiction under UCCJA is in Texas, where they live the rest of the year.
Wisconsin court properly exercised jurisdiction when another state decline jurisdiction, deferring to Wisconsin.
Wisconsin had jurisdiction under UCCJA where Minnesota declined to exercise its jurisdiction.
UCCJA requires as a condition to recognition and enforcement of foreign-nation custody decrees that reasonable notice and opportunity to be heard be given to all affected persons.
UCCJA jurisdiction not invoked where father moves with child from Wisconsin to Texas §822.07 applies to initial custody determination or modification, not to contempt proceedings.