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How Child Support is Handled When Parents Live in Different States

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Most divorce cases involving children include support paid from one parent to the one with primary custody of the child. While the mandated timeframe may vary, a typical court order will call for the non-custodial parent to make a support payment once per month.

What happens, however, when one of the parents lives in another state? Which state will have the legal jurisdiction to enforce the requirement or process any modifications to the support order?

In this issue, the family law attorneys with The Men’s Legal Center will provide a crash course in how states are required to address such issues.

How Child Support is Addressed When Both Parents Live in Different States

Because each state has its own laws regarding instructions for and modifications to child support, things can get tricky very easily if either parent moves to a different state. However, the Uniform Interstate Family Support Act (UIFSA) provides a clear roadmap for how the differences are resolved.

Maintaining Jurisdiction
In most instances, the state that issued the original support order will maintain jurisdiction in the case as long as one of the parents continues to live there.

For example, if the parent who’s required to pay support moves from California to Colorado and falls behind in payments, the state of California has jurisdiction and the legal right to take action against that parent.

Transferring Jurisdiction
If both parents move, the original issuing state can transfer its jurisdiction to that new location. If, however, both parents move to two separate states, one of the parents will need to file for a modification in their new state of residence.

If you have questions about child or spousal support, call The Men’s Legal Center in San Diego.

The rules regarding child and spousal support can be confusing at times. That’s why it’s in your best interest to have a skilled family law attorney to guide you through the process.

Here at The Men’s Legal Center, we pride ourselves on our attention to detail and ability to provide clear communication.

If you have questions, we’d love to hear from you. Feel free to reach us at 619-234-3838 or via email.