OCS/Pappas v. O'Brien and Bernheim v. Pappas, 67 A.3d 916

consolidated cases address interstate child support enforcement and registration under UIFSA; Oklahoma order arose after custody change of P.P. and Georgia order had previously set support; Vermont sought to register the Oklahoma order and mother contested jurisdiction and notice; mother also sought to enforce the Georgia order in Vermont; court held Vermont has jurisdiction to enforce the Oklahoma order and that UIFSA immunity does not bar related arrearage claims, remanding counterclaims; Georgia order had expired with respect to ongoing support upon custody change, making the Oklahoma order a separate, new order; on remand, mother’s claims should be treated as counterclaims to father’s enforcement action and Georgia arrearages to be addressed in appropriate proceedings

Issue	Plaintiff's Argument	Defendant's Argument	Held
UIFSA registration of Oklahoma order subject to defenses	mother argues Oklahoma lacked subject matter jurisdiction	Oklahoma order valid; collateral estoppel precludes challenge; order not a UIFSA modification	Oklahoma order registration upheld; subject matter defense rejected
Personal jurisdiction of Vermont over mother for enforcement	mother argues immunity under UIFSA prevents personal jurisdiction	participation in UCCJEA proceedings does not waive personal jurisdiction	UIFSA immunity does not bar arrearage claims; remand for merits of enforcement
Notice in Oklahoma proceedings	lack of notice violated due process	mother had adequate notice and opportunity to be heard; not void	Due process not violated; collateral estoppel/preclusion applies; issues decided in Oklahoma remain controlling
Georgia order expiration and relation to Oklahoma order	Georgia order continued to govern arrearages; Oklahoma modified/terminated	Oklahoma order was a new independent order after custody change	Georgia order expired prospectively; Oklahoma order permissible as separate enforcement action
Counterclaims and remand procedure	mother’s Georgia arrearage claims and other relief should proceed	issues to be addressed as counterclaims in father’s enforcement action	Remand for counterclaims; treat as counterclaims in ongoing action

Durfee v. Duke, 375 U.S. 106 (U.S. 1963) (full faith and credit for jurisdictional determinations; res judicata)
Cook v. Cook, 342 U.S. 126 (U.S. 1951) (judgment presumes jurisdiction; collateral attack limited to contest adequately raised)
Spencer v. Spencer, 882 N.E.2d 886 (N.Y. 2008) (extension of duration may constitute modification under UIFSA; distinguishable facts)
In re Aron, 274 Cal. Rptr. 357 (Cal. App. Ct. 1990) (support disputes resolved in single forum; efficiency in UIFSA enforcement)
Haddad, 93 P.3d 617 (Colo. App. 2004) (UIFSA immunity boundaries; arrearage disputes connected to support are within proceedings)