How does the law treat parents who pay child support to parents living in different states? All states have enacted some form of the Uniform Interstate Child Support Act (UIFSA), which establishes procedures for child support enforcement and payment across state lines. All states have a Child Support Enforcement (CSE) agency. The enforcement process begins when the custodial parent submits a child support order to the Central Registry of the CSE agency. There, the order is verified, reviewed, then sent to the local court in the jurisdiction where the noncustodial parent lives, initiating enforcement procedures. The UIFSA acts similarly to the Full Faith and Credit Clause of the U.S. Constitution. This act means that the state in which a noncustodial parent lives must follow the law of the issuing jurisdiction (with regard to the child support order in question).
What if the parent fails to make child support payments?
If the noncustodial parent does not pay, any collection procedure available in the state that ordered support (including wage garnishment, if the employer can be located) will be enforced by the out-of-state court. Personal property, like cars and jewelry, can be seized, and liens can be placed on real estate owned by the noncustodial parent. If the parent misses child support payments, this will also be reported to credit bureaus. There are other provisions to the UIFSA that may help custodial parents collect support and nuances that may assist noncustodial parents with modification of support orders if there has been a change of circumstances. Experienced child support enforcement attorneys who are familiar with the UIFSA requirements can assist either a custodial or noncustodial parent with child support issues. Contact our office to get started.