Enforcing child support can be hard when the noncustodial parent lives in a different state. Here’s how to enforce interstate child support.
What Is Interstate Child Support?
Interstate child support occurs when the custodial parent and the non-custodial parent live in different states. When a parent paying child support lives in a separate state from their child, the two parties are in different jurisdictions. which can complicate child support payments. However, there is legislation in place to enforce and regulate interstate child support.
The Uniform Interstate Family Support Act
Child support is enforced through the Uniform Interstate Family Support Act (UIFSA). Any parent who needs to collect interstate child support is protected under the UIFSA. The UIFSA outlines procedures and requirements for each state in regards to interstate child support. These provisions include:
- Procedures for withholding income
- Procedures that would allow for withholding income without the need for a judicial or administrative hearing
- Expedited procedures for establishing paternity
- Expedited procedures for establishing, modifying, and enforcing support obligations
- Procedures for attaching tax refund payments
- Procedures to establish liens against real and personal property
- Procedures to report arrearages to credit bureaus
Requirements to Enforce Child Support Through the UIFSA
In order to enforce an interstate child support order through the UIFSA, there are certain requirements and steps to take. The offending parent must be located and paternity must be established.
Firstly, the parent that is meant to pay child support must be located. Finding the location of the parent meant to pay child support has been made easier under the UIFSA. As part of the state’s adoption of the UIFSA, the Personal Responsibility and Work Opportunity Act requires access to all relevant information and records available for the creation and expansion of databases to locate individuals for the purpose of paying child support. States and the federal governments can use information from the Social Security Administration, the state motor vehicle department, and any other relevant records for purposes of enforcing child support orders.
Once the parent is located, the UIFSA requires that paternity be established. There are exceptions for rape and incest, but in most cases, paternity must be established before a child support order will be enforced. Paternity can be established voluntarily or by court-ordered genetic testing. UIFSA allows for expedited paternity testing without the necessity of an order from a judge or administrative tribunal.
Related: How to Give Up Parental Rights and Not Pay Child Support
Modification of an Interstate Child Support Order
If you seek to modify an existing child support order, only the state with continuing jurisdiction has the power to modify a child support order. However, there is one exception: if both parents move to a new jurisdiction, the new state has the power to modify the child support order. If the parents move to two different states, the party seeking a modification should file for a modification in their new state of residence.
Related: Child Support FAQs in California
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If you or a loved one needs to enforce interstate child support, 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!