Lusk, Drasites, Tolisano & Smith, P.A.

Written by: Attorney, Mellany Marquez- Kelly, at Lusk, Drasites, Tolisano & Smith P.A.

Construing the Uniform Interstate Family Support Act, just recently, I drafted a memorandum of law regarding the Uniform Interstate Family Support Act, Florida Statute, Chapter 88. The information I came across has prompted some of my clients to ask, “Why can the court modify child support from another state, but not alimony?”. I hope this insert from my memorandum sheds some light on the subject.

The Uniform Interstate Family Support Act (UIFSA), Florida Statute, Chapter 88, makes a clear distinction between the terms, “support order,” “child support order,” and “spousal support order.” Spalding v. Spalding, 886 So. 2d 1075; 2004 Fla. App. LEXIS 17806.Specifically Florida Statute § 88.2051 (1), provides that a tribunal of the state issuing the support order, consistent with the law of the state, has “continuing exclusive jurisdiction”over a “child support”order as long as the state remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued. Id. 1077. Also, Florida Statute § 88.2051 (2-4), explains the procedures to be complied with while modifying a child support order. However, under section(6) of the afore mentioned statute, a court of this state may not modify a “spousal support order” issued by a tribunal of another state having“continuing exclusive jurisdiction” over that order throughout the existence of the support obligation. See § 88.2051 (6), Fla. Stat. (2003); see also Vinnik v. Vinnik, 831 So. 2d 1271(Fla. 4th DCA 2002), cited to in Spalding v. Spalding, 886 So. 2d 1077; 2004 Fla. App.LEXIS 17806. Similarly, under section 88.2061(3), a court of Florida that lacks continuing exclusive jurisdiction over a spousal support order may enforce out-of-state spousal support orders, but may not serve as a responding tribunal to modify a spousal support order of another.