Enforcing Child Support Orders Under the Uniform Interstate Family Support Act

Enforcing Child Support Orders Under the Uniform Interstate Family Support Act

Each state has its own family law rules. For a while, these differences did not create a lot of problems; that is, until interstate travel became more available. Today, most Americans have the ability to relocate to another state within a few days. This can complicate things between divorced parents with a minor child.

Traditionally, only a court that issued an order had jurisdiction to modify said order. For example, if a court in Maine originally ordered Hank to pay Wanda $600 in monthly child support, only Maine courts had jurisdiction to modify that order.

But if Wanda moved to Oregon and Hank wanted to modify the support order, Wanda would be forced to appear in Maine to argue against modification. This type of system created unnecessary burdens for the custodial parent, and ultimately the child, and discouraged relocation.

To make interstate enforcement of child support orders easier, the Uniform Interstate Family Support Act (UIFSA) was created to provide a uniform system of rules regarding child support enforcement and modification between state courts with jurisdiction over divorced parents. Each state adopted and ratified UIFSA into their respective statutory schemes involving family law.

Registering an Out-of-State Support Order

Under UIFSA, a California resident can register an out-of-state child support order with a California court for the purpose of enforcement and modification.

The supported party must submit the following documents to register an out-of-state child support order with a California court:

  • A letter of transmittal to a California court;
  • 2 copies of the support order to be registered, and all subsequent modifications;
  • A sworn or certified statement regarding the amount of arrearage;
  • The support payor’s name and Social Security number
  • The name of address of any entity from whom the support payor receives income;
  • A description and location of the support payor’s property;
  • The payee’s name and address.

Enforcement

After registering an out-of-state support order in California, the court has the power to use any and all remedies to enforce current support obligations, as well as collect any back-support and accrued interest due on the out-of-state order.

Modification

Additionally, California courts have the authority to modify an out-of-state support order as long as the parties are no longer residents of the issuing state. The UIFSA gives California courts the power to modify the support order, but only to the extent allowed under the issuing state’s laws.

Speak with a Respected Westlake Village Child Support Attorney

When a non-custodial parent stops paying child support, they make life difficult for the custodial parent, and ultimately their child. Situations involving parents who live in separate states can complicate matters further. That is why you need an experienced Westlake Village child support attorney to help you.

At the Law Offices of Jeffrey S. Graff, our lead attorney has over 35 years of experience assisting California residents in resolving difficult situations involving child support payments. Our clients and their families can trust Attorney Graff to advocate for a swift and effective outcome that serves their best interest.

To schedule a complimentary case evaluation with Jeffrey S. Graff, call (805) 633-4999 or contact us online today.

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