Welsher v. Rager
491 S.E.2d 661, 127 N.C. App. 521 (1997)
Rule of Law:
Under the Uniform Interstate Family Support Act (UIFSA) and the federal Full Faith and Credit for Child Support Orders Act (FFCCSOA), the state enforcing a child support order must apply the law of the issuing state to determine the nature, extent, amount, and duration of the support obligation.
Facts:
- Rosemarie Welsher and Paul Rager were divorced, and in 1985 a New York court entered a support order based on their agreement.
- The order required Rager to pay $45.00 per week for the support of their two sons, Jeremy and Michael.
- Welsher continued to reside in New York, while Rager moved to North Carolina.
- On July 6, 1995, Rager stopped making the court-ordered support payments.
- At the time payments ceased, Jeremy was twenty-one years old and Michael was eighteen years old and had just graduated from high school.
- The age of emancipation for child support purposes is twenty-one in New York, while in North Carolina it is generally eighteen.
Procedural Posture:
- Rosemarie Welsher filed a petition in Forsyth County District Court, North Carolina, to register and enforce the 1985 New York child support order.
- Paul Rager filed an answer requesting that the court relieve him of his support obligation.
- The trial court granted Rager's motion to dismiss and denied Welsher's request for enforcement.
- Welsher, as the appellant, appealed the trial court's decision to the North Carolina Court of Appeals.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does the Uniform Interstate Family Support Act (UIFSA) require a North Carolina court to apply New York law, including New York's age of majority, when enforcing a New York child support order?
Opinions:
Majority - Timmons-Goodson, J.
Yes. Under the Uniform Interstate Family Support Act (UIFSA), a North Carolina court must apply the substantive law of New York, the issuing state, when enforcing a New York child support order. The court reasoned that North Carolina repealed the previous law, URESA, which applied the law of the enforcing state, and adopted UIFSA to create a 'one order system.' UIFSA explicitly states, 'The law of the issuing state governs the nature, extent, amount, and duration of current payments.' This means a North Carolina court must enforce the New York order according to New York's age of majority (21), even though North Carolina's is 18. Once an order is registered, it is compulsory for the enforcing court to confirm it unless the non-registering party proves one of seven narrow statutory defenses, which Rager failed to do. Furthermore, the federal Full Faith and Credit for Child Support Orders Act (FFCCSOA) also compels this result, requiring states to enforce orders from other states according to their own terms. Therefore, the trial court erred by applying North Carolina law and dismissing the enforcement petition; it was required to enforce the New York order as written.
Analysis:
This decision solidifies the transition from the old URESA framework to the modern UIFSA system in North Carolina for interstate child support enforcement. It establishes a clear precedent that the law of the issuing state is paramount, preventing obligors from avoiding their support duties by moving to a state with a lower age of majority. By aligning state law with the federal FFCCSOA, the ruling strengthens the 'one order system,' creating uniformity and predictability in enforcing child support across state lines and significantly empowering obligees to collect support.
Gunnerbot
AI-powered case assistant
Loaded: Welsher v. Rager (1997)
Try: "What was the holding?" or "Explain the dissent"