Draper v. Burke case brief summary
881 N.E.2d 122 (2008)
Plaintiff wife filed complaints to
revise and alter a foreign child support order in the Bristol
Division of the Probate and Family Court Department (Massachusetts).
After consolidation, the trial court denied defendant husband's
motion to dismiss. The Supreme Judicial Court granted an application
for direct appellate review.
CASE FACTS An Oregon court ordered the husband to
pay child support but did not address college expenses. The wife, a
Massachusetts resident, sought to have him, an Idaho resident,
ordered to contribute to them.
judicial court held she could not satisfy Mass. Gen. Laws ch.
209D, § 6-611(a)(1)(ii)'s limitation that only nonresidents could
seek a foreign support order's modification.
She had no Idaho
contacts, so an Idaho court had no personal jurisdiction over her.
Massachusetts had subject matter jurisdiction under 28 U.S.C.S.
§ 1738B(e) and (i) because Oregon had no
jurisdiction, as no one lived there; no other state had modified the
Oregon judgment; the parties did not consent to jurisdiction
elsewhere; and Massachusetts had personal jurisdiction over the
There was no conflict with the Oregon court, since it lacked
jurisdiction and its judgment was silent on college expenses.
the wife litigate in Idaho would unreasonably burden her.
U.S.C.S. § 1738B was intended to protect the children from the husband's
insistence on jurisdictional convenience.
Preemption was required by
an actual conflict between state and federal law and to implement
CONCLUSION The trial court's judgment was
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