USA – NEW YORK Law and Practice Contributed by: Gretchen Beall Schumann and Lindsay R Pfeffer, Rabin Schumann and Partners LLP
Stay of Proceedings A party can apply to stay proceedings in order to pursue divorce proceedings in a foreign jurisdic - tion. See jurisdiction discussion above.
tained in this state by the office of chil - dren and family services; or (h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction. Contesting Jurisdiction A party to financial proceedings can contest jurisdiction. Stay of Proceedings A party is able to apply to stay proceedings in order to pursue financial proceedings in a foreign jurisdiction. Some factors that the court may consider are which party files first in time, whether there is ongoing litigation in another forum, whether New York is an inconvenient forum, and whether the parties have contacts in a particular jurisdiction. Hearing Financial Claims After a Foreign Divorce Financial claims can be made following a for - eign divorce, to the extent that issues are left open by the foreign judgment for enforcement and/or modification by another jurisdiction or where the laws of the State of New York allow for enforcement and/or modification of the for - eign judgment. New York’s Civil Procedure Law and Rules pro - vide for the enforcement of foreign money judg - ments in New York, pursuant to the Uniform Foreign Country Money Judgments Act (2021), provided certain due process standards have been met in the obtaining of the foreign judg - ment. Other provisions of the NY Domestic Relations Law (DRL §§75 and 236) and Family Court Act
2. Financial Proceedings 2.1 Choice of Jurisdiction Grounds
See response to 1.2 Choice of Jurisdiction . If a separate child or spousal support action is commenced under the Family Court Act, then the following provisions may apply. • With respect to child support proceedings, the court must have personal jurisdiction over the respondent. • In cases where the respondent is not a resi - dent of New York State: (a) the individual is personally served with a summons and petition within this state; (b) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a respon - sive document or other action having the effect of waiving any contest to personal jurisdiction; (c) the individual resided with the child in this state; (d) the individual resided in this state and provided prenatal expenses or support for the child; (e) the child resides in this state as a result of the acts or directives of the individual; (f) the individual engaged in sexual inter - course in this state and the child may have been conceived by that act of inter - course; (g) the individual asserted parentage of a child in the putative father registry main -
435 CHAMBERS.COM
Powered by FlippingBook