CROSSING STATE LINES TO PROVIDE CHILD SUPPORT SERVICES

CROSSING STATE LINES TO PROVIDE CHILD SUPPORT SERVICES

In many cases it is necessary to utilize the assistance of another state’s child support agency to successfully establish, enforce or modify an existing child support order. This process is known as an interstate action. The guideline used to work these interstate case is referred to as UIFSA (Uniform Interstate Family Support Act). UIFSA’s guidelines are based on the theory of one order, one time and one place. Thanks to these new guidelines, child support agencies across the nation use a structured set of rules to make determinations on which state and which order is valid.
Let’s answer a few basic questions and get a clear understanding of how an interstate case works:
C
AN I STILL COLLECT CHILD SUPPORT IF THE OTHER PARENT IS MOVING TO A DIFFERNET STATE THAN THE ORDER?

Yes. The interstate process allows CSEA to establish paternity, establish support orders, enforce support orders, and collect current and unpaid support from absent parents across state lines. The actions to be taken will depend on how much information you can provide.

** If you know the non-custodial parent’s new employer, we will begin action for an interstate wage withholding

** If you don’t know the new employer, the agency will try to locate one, and if unsuccessful, we will issue a UIFSA action to the state central registry where the non-custodial parent now lives. A UIFSA action asks the other state to enforce the existing support order.

** If you don’t know where the other parent lives or works, your case will be referred for location services.

WHAT IF MY CHILD/CHILDREN AND I MOVE TO A DIFFERENT STATE. WILL THIS AFFECT MY CHILD SUPPORT?

If the non-custodial parent remains in this county, your move should not affect your support. You must notify the CSEA of your new address. Communication is key to maintaining the needed info for your case.

HOW DO I GET MY SUPPORT ORDER MODIFIED WHEN ONE OR BOTH PARTIES NO LONGER LIVE IN THE STATE THAT ISSUED THE ORDER?

Either party may seek a modification of an order issued in another state. Issues related to who has authority to modify an order can be complicated. The CSEA has tools available to make this decision for you. Two of the more common outcomes:

**If either parent still resides in the state which issued the support order- and this is the only support order for this case- only that state has jurisdiction to modify the Order.

**If neither of the parties still reside in the state which issued the support order-a and this the only support order for this case- the state in which the non-requesting party lives must register the order in that State that has jurisdiction to modify it.

HOW DO I GET MY CHILD SUPPORT ORDER ENFORCED IF ONE OR BOTH PARTIES NO LONGER LIVE IN THE STATE THAT ISSUED THE ORDER?

If an income source is located for a non-custodial parent who resides in another state, the state which issued the support order may send a direct income withholding order to this source. In some instances, a CSEA in one state may need to work with a CSEA in another state to enforce an order.

I DISAGREE WITH THE HEARING RESULTS, HOW DO I OBJECT?

If there is a dispute due to support amount or any other issue, an appeal may be possible. You must communicate concerns immediately to the CSEA as there are time limits to filing an objection. Just remember, the CSEA does not represent you; you may need to find an attorney to assist.

I HAVE A CASE WITH MORE THAN ONE ORDER IN DIFFERENT STATES. WHAT DO I DO?

Contact your local CSEA. A review of all orders will be conducted and then one order will be determined. This decision is made based on details such as identifying all states that issued orders and which of the parties (including the child) still live in these states. Determining a controlling order does not nullify any of the other valid existing orders, rather, all states are bound by the same rule for selecting which order prospectively sets the current support obligation and the non-modifiable terms that will control future litigation.

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