For some California residents, life after a split can mean big changes that might include a move out of state. However, when children and child support are involved, there can be unique complications as the new places to which people move might have different rules regarding support. Therefore, parents might need to modify the support order. The Uniform Interstate Family Support Act, or UIFSA, helps families in these situations resolve their child support conflicts in a fair manner. To do this, courts have to combine several child support orders into one that can be enforced.
When it comes to understanding the UIFSA, the state that issued the original custody order is considered the originating state and will normally hold continuing jurisdiction while both parents live there or until they reach an agreement to move the support order to a different state. If the parent who pays child support moves or agrees to move the support order, the originating state has the right to send the new state a withholding request.
The originating state can modify the support order, but if both parents move to the same new state, then that new location has the right to do so. If parents move to different states, then the individual who wants a modification to the order can file one in his or her new state. To enforce a child support order, paternity must be established. If the father moved away before paternity was established, the mother can file in the state where she and the child live to request child support, and her state will work with the father’s state of residence to try to establish paternity and a support order.
Modifying a support order is not impossible, even if one of the parents moves out of state, as long as the right steps are followed. During this process, a family law attorney can provide support and guidance.