The Uniform Interstate Family Support Act (UIFSA) is a federal law that has been adopted by many states. It is meant to help the courts resolve jurisdiction over child support issues when both parents are no longer residing in the same state. If one or both of the parents file separate petitions in their own state, then UIFSA helps decide which court should resolve the case.
The main clarifications provided by UIFSA are listed below:
The originating state is where the child support order was initially made and it holds jurisdiction as long as both parents still reside there. If the spouse paying child support decides to move the case to another state, the originating state has the power under UIFSA to send a withholding order to the new state that ensures continuation of payments.
If both parents move to the same new state, then it gets the jurisdiction over matters relating to the child support order. If both parents move to different states and one of them seeks a modification order, the state where the parent lives who filed the modification order gets jurisdiction to decide on the modification. These jurisdiction changes do not happen automatically. Rather, the parent or parents in the new state have to file an order in the new state making it the "home state" for child support collection.
Do you have additional legal questions regarding the Family Support Act? Our family law lawyers are here to help and answer any questions you may have. Contact a family law attorney near you today for more information.
Did you know?
There are eight grounds for long-arm jurisdiction under UIFSA that can help avoid the two-state process and directly serve the non-state individual.
One of these eight grounds is whether the alleged father previously resided in the state with the child.