What happens when a parent moves out-of-state and he/she is required to pay child support? What happens if you owe child support and the custodial parent moves out of state? Regardless of the situation you may find yourself in, child support agreements are enforceable from any state due to the Uniform Interstate Family Support Act (UIFSA). The UIFSA establishes a national standard for states to follow when enforcing child support court orders or agreements. Under the act, only one state’s child support order may be enforced at a time. The child support order that is enforceable is referred to the “controlling order” and other states must agree to the controlling order’s state laws.
If you owe child support to another parent who is now out-of-state, the controlling child support order should be properly registered in the out-of-state court. For example, if an order for child support is issued in Indiana and under UIFSA it is considered the controlling order, than all other courts out of state are required to enforce that Indiana order once it is registered in the out-of-state courts. Once the controlling order is properly registered it can enable your home state’s courts to enforce that order by:
- Seizing your property
- Garnishing your wages
- Suspending your professional license
- Revoking your driver’s license
If you are seeking child support from an out-of-state parent there must first be an existing child support order somewhere. An out-of-state parent may have a difficult time seeking modification of an out-of-state child support order. Typically, the state that issued the controlling order is the only state that can change it. If no order exists, you can contact your local child support agency within your state and obtain an order, which can be enforced outside the state. You may have to attend court hearings in the other state, whether personally or via the telephone.
Indiana Child Support Orders
When the non-custodial parent lives in a different state, Indiana may not have jurisdiction over him/her. If there is already an established child support order, the county prosecutor’s Title IV-D office in Indiana may be able to collect child support by sending an income withholding order (IWO) to the non-custodial parent’s employer. If help is needed from the other state’s Title IV-D agency to establish paternity, establish a court order, or enforce the payment of support, the county prosecutor’s Title IV-D office in Indiana can ask for the other state’s assistance under UIFSA.
If you are uncertain how to enforce a child support agreement or how a parent moving out-of-state affects your obligations you should contact an experienced family law attorney. Attorney Christopher L. Arrington is an Indiana child custody and support lawyer who works hard for his clients to obtain beneficial resolutions. If you have questions about an out-of-state support order or need assistance now that a parent has moved from Indiana, contact the firm today. Attorney Arrington advocates zealously on behalf of his clients and he can do so for you.