We previously explained child support and the parent’s obligation to pay for minor children. We did not address what happens if one or both of the parents or children move out of the state that issued the child support order, which is the topic of this article.
Uniform Statute Streamlines Laws
Many states have adopted the Uniform Interstate Family Support Act or UIFSA, or some version of UIFSA. UIFSA is intended to make child support enforcement simper. It streamlines the interstate enforcement of child support orders and eliminates the need for courts in multiple states to issue separate child support orders.
Under, UIFSA an out-of-state parent’s income can be withheld using the original state’s order if the state mails the withholding notice to the out-of-state employer. The parties do not need to institute proceedings in the new state for a new child support order. The out-of-state parent can challenge the order, however.
Enforcing Out-of-State Child Support
UIFSA works hand-in-hand with the Full Faith and Credit for Child Support Orders Act or FFCCSA. As its name implies, FFCCSA requires the state to follow the child support orders of courts from other states. This only applies if the parties were given proper notice and an opportunity to be heard in the other state before the child support order was issued.
The out-of-state child support order can be registered with the new state. Registration simply means filing the order with the new state. Once filed, the order then becomes a child support order from the new state just as if it had been issued by the new state.
Modifying an Out-of-State Child Support Order
Under UIFSA, only the original state has the right to modify the child support order. This rule only applies if either parent or the child resides in the state. If the parties have moved out of the state or if the child resides in another state and the parents both consent, the new state can modify the out-of-state child support order.
There can be serious consequences of not following state law on this issue. One consequence can be the termination of the parent-child relationship.
Disclaimer: Every effort was made at the time of publication to ensure the accuracy of this publication. Individual circumstances will vary, and the law may have changed since publication, thus it is not intended to provide legal advice or imply a certain outcome. Readers considering legal action should seek legal advice from an experienced child support attorney to learn about current laws and how they can affect their case.