How Moving Out-Of-State Affects Child Support in California

Child support and moving out of California

United States laws protect the enforcement of child support orders across states. Here’s what you need to know about how moving out-of-state affects child support in California.

Thanks to uniform state law and federal law, a parent subject to a child support order must continue to make child support payments even if they move out of California. If the parent receiving child support decides to move out of state, then they may transfer the child support case to the state that they are moving to. In any case, parents should contact their local child support agency when moving.

FFCCSOA and UIFSA

There are two laws that ensure that states must enforce other states’ child support orders and provide regulations for doing so. The Full Faith and Credit for Child Support Orders Act (FFCCSOA) is a federal law that has three key provisions:

All states must recognize child support orders entered into in other states
States cannot enter a new child support order if another state has a recognized child support order in the same case
State authorities must enforce child support orders entered into in other states

The second applicable law is the Uniform Interstate Family Support Act (UIFSA) is a uniform act that has been adopted by every state. While the FFCCSOA clearly establishes the authority and responsibility of states in relation to enforcing out-of-state child support orders, the UIFSA provides uniform regulations and frameworks regarding the enforcement of child support orders, specifically in the case of when the person subject to a child support order moves to a new state. Thanks to these two acts, child support orders can still be enforced even if the parent subject to the order moves out of state.

Enforcing child support orders if a parent moves out of state

In California, a parent subject to a child support order is required to continue paying the child support until the child reaches the age of 18 or graduates from high school (if graduation occurs after the age of 18). Moving out of state does not negate this requirement, but a parent may still attempt to escape child support payments regardless.

As previously mentioned, the UIFSA establishes regulations and frameworks to deal with the scenario of an out-of-state parent who does not comply with their child support order. In particular, the UIFSA makes it easier to garnish wages from another state. In terms of child support, wage garnishment is when a parent does not fully pay the required amount of child support and so their employer takes money out of their paycheck to give to the other parent. Wage garnishment occurs through a court order, therefore, an employer would be required to comply. In scenarios where a parent subject to a child support order has moved to another state and is not paying the required amount, the other parent should contact their local child support agency and consider contacting a child support attorney as well.

What if the parent receiving child support moves out of state?

In a situation where the parent receiving child support moves out of state, as opposed to the parent paying child support moving out of state, the parent can transfer their child support case to the new state where they are living. In this scenario, the parent should contact the child support agency to carry out this process.

FAQs about child support and moving out-of-state

Will other states enforce a California child support order?

Yes. Both a federal act and a uniform act adopted by all states ensure that states recognize and enforce other states’ child support orders. The acts provide regulations and a framework for doing so.

How are child support orders enforced if the obligor moves out of California?

The UIFSA provides a framework for wage garnishment in these cases. This means that the employer of the obligor will withhold some of their paychecks to provide to the other parent.

Can I transfer my child support case if I move to another state?

Yes. If you are moving your legal residence out of state, the child support case can be transferred.

I have more questions regarding my child support case. What should I do?

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If you have any questions about how moving out-of-state affects child support in California, contact an expert Child Support Attorney through Her Lawyer. Get your free consultation with a lawyer best suited to your individual needs.