Posted by Nydia Streets of Streets Law in Florida Child Support
Does a Florida court have jurisdiction to modify a foreign child support order? This issue is governed by the Uniform Interstate Family Support Act (UIFSA). It has specific provisions that allow (or do not allow) a Florida court to modify a foreign child support decree. This was an issue in the case Bravo v. Johnson, 1D2024-1057 (Fla. 1st DCA November 13, 2024).
The parties were originally divorced in Australia where they were awarded equal time-sharing with their daughter and a child support order was entered. Later, the court entered an order permitting the mother and daughter to move to North Carolina, and terminating the child support obligation. The mother later moved to Florida with the child without notifying the father. When he located the mother in Florida, he filed a petition to enforce the time-sharing order. The mother responded by filing a petition to modify child support. Ultimately, the trial court denied the father’s motion to dismiss the mother’s request to modify, and filed a petition for a writ of prohibition with the appellate court requesting that the trial court be prohibited from modifying the Australian support order.
The appellate court noted “To modify a foreign support order—unless the foreign country participates in the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance—a Florida court may exercise jurisdiction only when ‘a foreign country lacks or refuses jurisdiction to modify its child support order pursuant to its laws.’ §§ 88.1011(3), 88.1041(3), 88.6151(1), Fla. Stat. (2024). Australia does not participate in the Convention. ADMINISTRATION FOR CHILDREN AND FAMILIES, A CASEWORKER’S GUIDE TO PROCESSING CASES WITH AUSTRALIA 1 (2018) (updated 2021). So the trial court could exercise jurisdiction under UIFSA only if the Australian court lacked or refused jurisdiction. See § 88.6151(1), Fla. Stat. Mother never alleged that the Australian court lacked jurisdiction or refused to modify its 2018 order terminating child support. Nor did Mother allege that she tried to seek modification of the 2018 order in the Australian court. Because the Australian court did not lack jurisdiction or refuse to exercise jurisdiction to modify support, the trial court could not exercise jurisdiction under UIFSA to modify the Australian child support order.”
The court further held that there was no personal jurisdiction under UIFSA for the Florida court to exercise jurisdiction over the father, and that he never waived his jurisdictional challenge since filing a petition under the UCCJEA to enforce a child custody determination does not confer personal jurisdiction. Schedule your meeting with a Miami family law attorney to understand your potential rights and remedies in your case.