Foreign Judgment

[Barbara Lutz]

What is the name of your state (only U.S. law)? Minnesota What do I need to do to file for enforcement of court ordered spousal maintenance that was done in the state of Texas ?

 

[adjusterjack]

If you are saying that your ex now lives in Minnesota, start by reading the statutes (548.26 through 548.53) at:

https://www.revisor.mn.gov/statutes/?id=548

Then check the county court website in the county where you ex lives and see if there are forms and instructions.

Once you get the judgment "domesticated" you can begin whatever enforcement procedures are available.

 

[latigo]

If you are saying that your ex now lives in Minnesota, start by reading the statutes (548.26 through 548.53) at:

https://www.revisor.mn.gov/statutes/?id=548

Then check the county court website in the county where you ex lives and see if there are forms and instructions.

Once you get the judgment "domesticated" you can begin whatever enforcement procedures are available.

Not so!

The Uniform Enforcement of Foreign Judgment Act (UEFJA) does not apply to "Ordered spousal maintenance"! A money judgment issued covering an established arrearage stemming from a decree ordering spousal maintenance would come under the Act, but not the underlying order itself.

What is applicable here is the Uniform Interstate Family Support Act (UIFSA) *

(Twice within in a week you have taken the OP 's mischaracterization of the subject for granted and sent them off further misinformed. Recently a QDRO as representing an obligation of the debtor under Section 523(15) of the Bankruptcy Code as not dischargeable and here a "Foreign Judgment" as a "spousal maintenance order" subject to registration and enforcement under the UEFJA.)

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[*] Texas Family Code Title 5 Subtitle B Chapter 159 Subchapter B - Minnesota Statutes Chapter 518C

 

[adjusterjack]

Thank you for the correction, but you'd better go back to that other thread and carefully READ what I was saying about an obligation created by a divorce decree.

 

[latigo]

Thank you for the correction, but you'd better go back to that other thread and carefully READ what I was saying about an obligation created by a divorce decree.

I read it quite carefully and the question posed was: Can a QDRO be included in a Chapter 7? No one asked about non-dischargeable debts.

So what was your purpose in talking about non-dischargeable debts if not to infer that the QDRO the OP was speaking of represented "an obligation owed to a spouse or former created by a divorce"; and if the OP included it in his Chapter 7 Petition he would not be discharged of it?

The last was rhetorical by the way. I'm not interested in reading backpedaling. You took "included" to mean included as a scheduled debt and in you haste to not miss a beat in here simply ran with it.

Fini