Continuing Exclusive Jurisdiction

Policy 000 v.1

 

1. A court must have jurisdiction over the subject matter of an action and jurisdiction over the parties before it can enter an order(s) in an action.  UIFSA adds the concept of Continuing Exclusive Jurisdiction (CEJ), which a court must have before it can issue a support order or modify another jurisdiction’s order.

2. Arizona has personal jurisdiction over an out-of-State resident who is a party to the action when:

1. The individual is personally served within Arizona,

2. The individual submits to the jurisdiction of Arizona by consent, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction,

3. The individual resided with the child in Arizona,

4. The individual resided in Arizona and provided prenatal expenses or support for the child,

5. The child resides in Arizona as the result of the acts or directives of the individual,

6. The individual engaged in sexual relations in Arizona and the child may have been conceived by that act,

7. The individual asserted parentage on a birth certificate filed in Arizona and/or,

8. There is any other basis consistent with the constitutions of Arizona and the United States for the exercise of personal jurisdiction.

3. Subject matter jurisdiction:

1. The court has the power to hear the type of case that is before it, i.e., the Superior Court of Arizona has jurisdiction in proceedings brought by the State to establish paternity, establish, enforce, or modify child support orders.

4. Arizona has CEJ over a child support order when:

1. There is only one support order and Arizona is the State that issued it; and

2. Arizona remains the residence of the support payor, support recipient or the child unless the parties have filed a written consent with the Arizona Courts for another State to assume CEJ.

5. Arizona loses its CEJ with regard to prospective enforcement of the Arizona order when the order is modified by another jurisdiction.  Arizona may:

1. Enforce the order that was modified by the other jurisdiction,

2. Enforce the order that was modified as to the amounts accruing before the modification,

3. Enforce non-modifiable aspects of that order, or

4. Provide other appropriate relief for violations of that order that occurred before the effective date of the modification.