What You Need to Know About How Relocation Affects Child Support in California
There are many situations that could arise involving the relocation of a parent in a child support case, – for example, one parent may move away, and want to bring their child with them – which also affects the payment and receipt of child support. Here’s what you need to know about the effects of relocation on child support in California.
Laws regarding these situations are complicated and change often. The California state courts recommend talking to a lawyer if a parent wants to move away with their children, or fears their separated partner wants to move away with their children.
When Can A Parent Relocate?
If a parent has a permanent order of sole physical custody (also known as primary physical custody), they can relocate unless the other parent proves to the court that the move would harm the children.
Related: Sole Legal and Physical Custody in California
If a parent has joint physical custody and the other parent does not want the child to move, the parent who wants to move must demonstrate to the court that the move would be in the child’s best interests.
If there is a dispute over a move, the court will most likely look at the actual parenting schedule in place at the time of the move, rather than the agreed schedule in the parenting agreement. Therefore, labels of “sole” and “joint” custody may not be enough to guarantee a move.
Child Support in Other States
When a child support order is filed, it goes into effect immediately and can be enforced by state law until the order is altered or the child turns 18 years old. Under the Uniform Interstate Family Support Act (UIFSA), other states are required to uphold the requirements set forth in a child support order, meaning that if either party moves to another state, they are still required to pay child support.
The UIFSA also provides a framework for enforcing child support payments against a separated partner who moved out of the state. There are a number of forms available on the Department of Health and Human Services’ website that states are required to use in child support cases between states.
While different states may have varying laws governing child support, the UIFSA ensures that each state’s child support agencies are working together to establish and enforce child support collection in every state.
Related: Interstate Child Support Laws in California
FAQs About How Relocation Affects Child Support in California
If my partner has joint custody, can they move away with the child without my permission?
No. However, the parent who wants the child to move must prove to the court that the move would be in the child’s best interests.
What do I do if my old partner moves out of state and I still need to collect child support?
If your ex-partner moves out of California, contact your local child support agency and notify them of their move. Give them any information you have on their new location, address, or workplace.
How do I enforce child support across state lines?
Through the Uniform Interstate Family Support Act, you can enforce child support even if you and your ex-partner don’t live in the same state. Reach out to your local child support agency, who will work with other child support agencies to enforce child support on your behalf.
Related: How to Enforce Interstate Child Support
What happens if my partner moved out of state and is no longer paying child support?
Any child support order is enforceable across state lines, so choosing not to pay child support after moving out of state is not an option. Through the Uniform Interstate Family Support Act, it is possible to enforce child support through wage garnishments and criminal prosecution.
Contact Us
If you have any more questions about the effects of relocation on child support in California, contact us. Get your free consultation with one of our experienced Child Support Attorneys today!