Halterman v. Halterman (North Carolina 2021)

No. COA19-912 (N.C. App. 2021)
March 2021

A foreign support order must be properly registered under the Uniform Interstate Family Support Act (UIFSA) for a court to have subject matter jurisdiction for enforcement and modification. The mother, a resident of North Carolina, filed to register three Florida custody and support orders. The father, a resident of Virginia, filed to dismiss for a lack of subject matter jurisdiction and failure to comply with UIFSA. The trial court granted the motion and the mother appealed. The court of appeals affirmed. The requirements to register an order under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and UIFSA are different. The mother’s petition complied with the provisions to register a custody order under the UCCJEA but not with UIFSA’s provisions to register a support order. The appellate court rejected the mother’s argument of substantial compliance with UIFSA. Her petition didn’t request the proper relief or contain the required sworn statement.