Case Update (1 Feb 2023): State v. Lannelongue; when Spanish child support order was refused registration, custodial parent could seek a Louisiana order simultaneously

The minor child, V, was born in Spain on September 11, 2004. The parents had married in Nevada earlier that year, but had separated before his birth. In September 2016, the child's mother filed for custody and support in Spain, against the father, a resident and domiciliary of the state of Louisiana in the USA. On February 23, 2018, the Spanish court ordered a 1,000 per month Euro child support obligation, and in April 2019, the mother sought to register the Spanish order in Louisiana. V's father argued that he only first learned of the child support order in or around October 2018, when the Louisiana Title IV-D agency first contacted him about it. He contests the registration of the child support order, arguing he had no notice and opportunity to be heard, was not served, had no due process, that it was obtained by fraud, and that he was, in fact, not the child's father. On the day of the registration hearing in Louisiana, V's mother filed a child support matter in Louisiana, in case the Spanish order was not registered. After paternity was established, and Louisiana set in a temporary child support amount, the court ultimately denied registration of the Spanish order, finding a lack of due process. V's father then fought the Louisiana child support matter, arguing that Louisiana could not exercise jurisdiction while the Spanish matter was still pending during the jurisdictional challenge.

The State of Louisiana argued that the Hague Child Support Convention permits V's mother to apply for child support in Louisiana, and Louisiana has an obligation to establish child support, if the order issued in the other country was declared unenforceable. Because there is personal jurisdiction over V's father in Louisiana, Louisiana does, in fact, have jurisdiction to issue a child support order. There is no existing child support order that is entitled to recognition in Louisiana.

The Hague Child Support Convention provides flexibility. Here, the flexibility is that Louisiana is permitted, as the court with jurisdiction over V's noncustodial parent, to establish a new child support order in circumstances where Spain did not meet U.S. jurisdictional requirements when it issued its initial order. Most particularly of note, Spain had no personal jurisdiction over V's father, which is a prerequisite under the Uniform Interstate Family Support Act. Most countries base their jurisdiction on the habitual residence of the custodial parent or child. In the United States, jurisdiction is based on personal jurisdiction over the noncustodial parent. Louisiana's order awarding child support is affirmed.