What You Need to Know About Interstate Child Support Laws in California
There are rules for the jurisdiction and modification of child support orders for parties living in different states. Here’s everything you need to know about interstate child support laws in California.
Child support orders can be enforced anywhere in the United States. There are federal laws that guide states dealing with interstate child support issues. The most important thing to know is that federal law requires states to enforce child support orders made by other states.
Important Terms to Know
Child Support
Child support is the total amount of money a court may order a parent, or parents, to pay monthly to support their child(ren)’s living expenses. Both parents share responsibility for supporting their children. The courts base child support on a parent’s income after taxes. Typically, the courts consider how much time each parent spends with their children. The parent who has the children most of the time is usually the one who receives child support. However, it does vary by situation.
Related: How Moving Out-Of-State Affects Child Support in California
Jurisdiction
Jurisdiction is the power of a court to examine cases and issue orders.
Home State
A home state is a state in which a child lives with a parent or a person acting as a parent for at least 6 consecutive months immediately before a child custody proceeding.
Interstate Laws Regarding Child Support
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is the exclusive method of determining subject-matter jurisdiction and the proper forum in custody cases under California law. The purpose of the UCCJEA is to avoid jurisdictional competition between states, promote interstate cooperation, avoid re-litigation of another state’s custody decisions, make the enforcement of another state’s custody decrees easier, and further advance the trading of information between courts of other states.
A California court has jurisdiction to make an initial child custody determination if one of the following is true:
- California is the child’s home state,
- A court of another state does not have home state jurisdiction (or declines to exercise jurisdiction), or
- There is a significant connection with the State of California beyond mere physical presence
The Full Faith and Credit for Child Support Orders Act and the Uniform Interstate Family Support Act (UIFSA)
Both laws prevent a state from changing another state’s court order. The Full Faith and Credit for Child Support Orders Act requires states to enforce child support orders made by other states and prohibits a different state from modifying other states’ child support orders unless certain jurisdictional requirements are met. Full Faith and Credit for Child Support Orders Act ensures that only one state exercises jurisdiction over child support at any given time.
UIFSA allows enforcement of child support orders issued by an out-of-state court. The law provides that the state that first issued a child support order has continuing, exclusive jurisdiction over the order as long as the state remains the residence of the parent or the child benefitting from the support order. The court of another state may enforce a child support order registered in that state but may not modify it unless the decree state has lost its continuing, exclusive jurisdiction.
Related: How to Enforce Interstate Child Support
Contact Us
If you or a loved one have any more questions about interstate child support laws in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal matter. Get your free consultation with one of our California Child Support Attorneys today!