No. 19-561

Gail Rosier v. Jeffrey Strobel

Lower Court: Arizona
Docketed: 2019-10-29
Status: Denied
Type: Paid
Response Waived
Tags: child-support contempt contempt-proceedings due-process imprisonment incarcerated-obligors indigent-obligors interstate-enforcement procedural-safeguards uniform-interstate-family-support-act
Key Terms:
DueProcess
Latest Conference: 2020-01-10
Question Presented (AI Summary)

What minimum procedural safeguards are required to ensure due process for incarcerated and indigent obligors who face child support proceedings under the Uniform Interstate Family Support Act (UIFSA) and the possibility of contempt and imprisonment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED: 1. In light of Turner v. Rogers, 564 U.S. 431 (U.S. 2011), what minimum procedural safeguards are required to ensure due process for incarcerated and indigent obligors who face child support proceedings under the Uniform Interstate Family Support Act CUIFSA”) and the possibility of contempt and imprisonment? 2. In determining whether to register and enforce a foreign order, do principals of full faith and credit bar a state from considering due process, subject matter jurisdiction or fraud upon the court if those issues were not actually raised or fully and fairly litigated in the foreign state? 3. The UIFSA provides that an obligor may seek to vacate the registration of a foreign support order if he or she establishes “a defense under the law of this state to the remedy sought.” Does this mean that a foreign support order may not be enforced via contempt and imprisonment if the underlying obligation is considered an ordinary money debt per the laws and constitution of the registering state? Stated differently, is a registering state obligated to apply child support remedies that would not be available had the order originated in the registering state?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-04
DISTRIBUTED for Conference of 1/10/2020.
2019-11-25
Waiver of right of respondent Jeffrey Strobel to respond filed.
2019-10-25
Petition for a writ of certiorari filed. (Response due November 29, 2019)
2019-08-22
Application (19A204) granted by Justice Kagan extending the time to file until October 25, 2019.
2019-08-16
Application (19A204) to extend the time to file a petition for a writ of certiorari from August 26, 2019 to October 25, 2019, submitted to Justice Kagan.

Attorneys

Gail Rosier
David Jeffrey CravenThe Craven Firm PLLC, Petitioner
Jeffrey Strobel
William August RichardsBaskin Richards PLC, Respondent