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MICHIGAN FAMILY LAW 96: The trial court did not have the authority to modify the out-of-state support order.

The plaintiff and defendant were divorced pursuant to a judgment of divorce entered in Virginia. The Virginia court granted defendant $2,000 in monthly spousal support until the death of either party or until defendant cohabited with another person in a relationship analogous to a marriage for a period of one year or more.

Out-of-State Spousal-Support Order

During the pendency of the divorce, defendant moved to Michigan and started dating B. Plaintiff registered the out-of-state spousal-support order in Michigan and moved in the Michigan Court to terminate spousal support because defendant cohabited with B for a period over a year or more.

Uniform Interstate Family Support Act (UIFSA)

Michigan has adopted the Uniform Interstate Family Support Act (UIFSA)

(1) A support order or income-withholding order issued in another state, or a foreign support order is registered when the order is filed in the registering tribunal of this state.

(2) A registered support order issued in another state, or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

(3) Except as otherwise provided in this act, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.

Trial Court

The trial court held that it lacked subject-matter jurisdiction to modify the out-of-state spousal-support order. The trial court denied the plaintiff’s motion to terminate spousal support. The trial court correctly determined that it did not have the authority to modify the out-of-state support order.

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