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Campbell v. Azrak

Jurisdiction Over Florida Resident Lacking in Bid to Enforce Unpaid Support Judgments

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OPINION & ORDER Cathlene Campbell (“Plaintiff”) brings this Action against Anthony Azrak (“Defendant”), seeking enforcement of several money judgments issued by the Family Court of the State of New York. (See generally Compl. (Dkt. No. 1).) Before the Court is Defendant’s Motion To Dismiss (the “Motion”) pursuant to Federal Rule of Civil Procedure 12(b)(2). (See Not. of Mot. (Dkt. No. 21).) For the following reasons, the Motion is granted.I. BackgroundA. Factual HistoryThe following allegations are drawn from the Complaint and are accepted as true for purposes of resolving the instant Motion.Plaintiff and Defendant, who were married in August 1992 and had three children together, separated in January 2007 and divorced in June 2009. (Compl.

17-19.) Plaintiff now resides in New York. (Id. 12.) Defendant now resides in Florida. (Id. 13.)On July 10, 2007, the Family Court of the State of New York (the “Family Court”) issued an order of support (the “July 2007 Order”), directing Defendant to pay to Plaintiff “twice-monthly” child and spousal support. (Id. 20.)Plaintiff alleges that Defendant has failed to comply with the July 2007 Order “virtually from its inception.” (Id. 22.) To that end, Plaintiff alleges that, since entry of the Order, the New York Family Court has issued eight separate money judgments (the “Money Judgments”) in favor of Plaintiff and against Defendant for unpaid child support: (1) on July 15, 2008, for $73,311.79; (2) on April 3, 2009, for $23,803.87; (3) on May 12, 2010, for $55,820.22; (4) on July 27, 2010, for $15,119.73; (5) on February 3, 2012, for $79,581.27; (6) on July 24, 2012, for $61,974.00; (7) on September 23, 2013, for $101,646.65; and (8) on January 5, 2017, for $336,475.36. (Id.

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