What Are Child Support Laws When Parents Live in Different States?
What Are Child Support Laws When Parents Live in Different States?
Child support can be crucial to a child’s development, and state lines shouldn’t stand in the way. The short answer to what happens with child support when parents live in different states should be nothing. In reality, things aren’t always so simple. Seemingly small child support matters can grow in complexity when multiple states and agencies come into play.
Do you need assistance handling complex family law issues that vary between states? If so, then we recommend getting help from a lawyer before moving forward.
How Does Collecting Child Support Change When One Parent Moves to Another State?
A child support order remains in effect when one parent moves, unless a court changes the order. That means child support payments must continue regardless of where the parent lives. The Uniform Interstate Family Support Act (UIFSA) allows courts to create child support orders that work across state lines.
Every state has a child support agency to help parents collect child support: Child Support Services (CSS) or Child Support Enforcement (CSE). These agencies specialize in a variety of basic support needs, such as:
- Locating non-custodial parents
- Collecting due support
- Enforcing support orders
The office and tools available can change based on where the parents live. It also depends on which state issued the current order that is in effect.
The child support agencies might have the power to enforce child support orders including:
- Direct income withholding
- Tax intercepts
- License revocation
RELATED: 5 Reasons a Judge Will Change a Child Custody Order
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SCHEDULE YOUR CONSULTATIONWho Has Jurisdiction Over Your Child Support Case?
Child support orders can exist across state lines. However, creating, changing, and enforcing them can vary by state.
Even if the child is from North Carolina or recently moved here doesn’t mean a North Carolina court will have jurisdiction over the case. The UIFSA clarifies when a state has jurisdiction over a child support case.
RELATED: Can I Take My Ex to Court for Custody Issues in North Carolina if They Live in a Different State?
Determining the Proper State is the First Step
If you and the other parent start court actions in different states, the state with jurisdiction will usually have the final say. If you or the other parent moves states, then it’s important to know who will enforce support orders.
According to UIFSA, a state can start a child support case if the state has jurisdiction over the person who must pay support. Usually, a state has jurisdiction over the payor if the payor lives in the state.
If the payor does not live in the state, there are certain grounds when the state can exercise jurisdiction over the person. These grounds can be viewed here.
If a state loses its jurisdiction for some reason, another state can take over and change or enforce the order.
RELATED: How Far Can a Parent Move with Joint Custody in North Carolina?
Myers Law Firm Can Help Navigate Child Support Orders Across Multiple States
Managing child support isn’t easy, and things can get even more difficult when the parents are in different states. When you have problems with family legal issues, hiring a family law attorney is a key first step.
Myers Law Firm has more than 60 years of combined experience helping clients in North Carolina navigate family law. To learn more about how we can help you manage your child support issues, call us at (888) 376-2889 or fill out this brief online form to schedule a free online consultation.
References
Child Support. North Carolina Judicial Branch. Retrieved from https://www.nccourts.gov/help-topics/family-and-children/child-support
N.C. Gen. Stat. § 50-13.4 (2020)
Uniform Law Commission. (2008). Interstate Family Support Act. https://www.uniformlaws.org/committees/community-home?CommunityKey=71d40358-8ec0-49ed-a516-93fc025801fb
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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