What Happens to a Child Support Order if a Parent Moves to Another State?

Child support is essential to ensure that children have sufficient resources needed for a stable upbringing even when parents divorce. It can help cover essential expenses like education, healthcare, and other daily needs for a child. However, what happens when a parent in a child support agreement moves out of state? Does the obligation end or become more challenging to enforce? If you are a parent in Florida asking yourself such questions and more, read on to find out how interstate child support works.

Enforcing a Child Support Order Across State Lines

A child support order is enforceable even if a parent relocates to another state. Under the Uniform Interstate Family Support Act (UIFSA), Florida courts and the Florida Department of Revenue can enforce child support orders issued by other states. This means an out-of-state order can be treated like it originated in Florida and vice versa. But first, for a Florida court to issue a child support order involving a nonresident parent, it must first establish jurisdiction over that parent. Once jurisdiction is established, Florida courts can issue a child support order and enforce it across state lines.

Enforcement of a child support order can be done through:

• Wage garnishment
• Tax refund interceptions
• Suspension of driver’s licenses
• Property liens

Child Support Order Dispute Resolution

If a parent moves out of state and there happens to be disputes regarding a child support order, such as non-payment, the court that issued the original child support order retains authority over its enforcement. Therefore, you may need to return to the original court that issued the child support order to resolve any disputes.

However, there are exceptions. If the original court lacks jurisdiction over the noncustodial parent, you can request that the court in the noncustodial parent’s current state enforce the original child support order.

Modifying a Child Support Order After Relocation

When a parent moves out of state, a need may arise to adjust a child support order under new circumstances, such as custody arrangements or a change in employment status. Typically, the court that issued the original order retains authority over any modification requests. This concept is known as continuing exclusive jurisdiction. For instance, if Georgia enforces a child support order issued in Florida, and Florida still holds jurisdiction, any modifications to the order would need to be pursued in Florida.

However, there are two exceptions to this, namely:

• Mutual Agreement: Both parents consent to transfer jurisdiction to another court.
• Change in Residence: When neither parent nor the child resides within the jurisdiction of the court that issued the original order.

It is worth noting that even if a modification happens in another state, the laws of the original state typically continue to apply. For instance, if the issuing state requires child support payments until the child turns 21, a parent cannot terminate their obligation simply because their new state allows payments to stop at age 18.

Contact Our Child Support Lawyer in Orlando, Florida

If you are dealing with child support issues, hiring an attorney can ensure the best outcome for your family and protect your child’s best interests. Contact our trusted Orlando child support lawyers at the Arwani Law Firm today for legal guidance.

Source:

m.flsenate.gov/Statutes/88.2011