If you and your child’s other parent live in different states, it can be uniquely difficult to revise or enforce your child support orders and modifications. As a result, it is important that you consult an attorney experienced in matters of out-of-state child support orders if you are either having trouble paying your child support obligations or if your child’s other parent is failing to send his or her child support payments.
Before you meet with an attorney about your situation, it may benefit you to understand some of the legal issues that surround out-of-state child support matters. Generally, these matters are governed primarily but the Uniform Interstate Family Support Act (UIFSA). This law helps to ensure that each state enforces child support laws in consistent ways.
Specifically, the law insists that states respect any controlling child support order. Essentially, a controlling child support order is whatever child support order that has been properly issued and is active, even if the order was issued in a state other than that in which the child’s parents currently reside. This helps to ensure that only one child support order is active at a time in regards to any given child.
Parents can choose to bring modification or enforcement actions in a state other than the state which issued the controlling order, but may only do so under certain circumstances. The complexities and nuances of this law and others that govern child support are well-understood by experienced family law attorneys. So, if you have questions or concerns about these issues please consult one of these professionals.
Source: Findlaw Law & Daily Life, “Out-of-State Child Support: How Does It Work?” Brett Snider, Jan. 21, 2014