What Is The Uniform Interstate Family Support Act?
If you are the custodial parent of a child in Pennsylvania and your ex-spouse lives in another state, you may have heard of the Uniform Interstate Family Support Act (UIFSA). Specifically, you may have heard of it if your ex is not making the court-mandated payments they should be making. Essentially, UIFSA is a federal protection that allows one state to enforce the support order terms of another state.
Moving to another state does not mean a person is no longer responsible for child support payments. They are still required to provide the support outlined in the original court order, even if they no longer reside in the state in which they divorced. To learn about what options you have if you are not receiving the payments, talk to a Bucks County family attorney.
Child Support Required Under Federal Law
Even though federal law protects child support rights, it can be difficult to enforce an order when a parent moves out of state. While state agencies will cooperate with one another when handling requests from other states, the process is more complicated than it often is when payments are pursued within state lines. That said, making the effort to obtain the support you have a right to is an important step in fortifying the finances of your family.
The UIFSA is often a legal tool used to enforce orders that were finalized out of state. It is a path to extending the reach of state legal actions as it provides interstate child support protections. For instance, interstate wage withholding may be an option, depending on where the custodial parent lives and if they are currently employed.
Changing a Support Order
Requesting child support payment modifications is common. Sometimes the individual responsible for making payments requests a downward modification and in other cases the person receiving the funds moves to have support payments increased. Either way, modifications have been pursued after a residential move to another state.
Where the parents now live will matter when it comes to modifications. According to UIFSA rules, if either parent or any of the kids involved still resides in the state where the original order was made, the payment amount will need to be challenged in that state. If the parents and all of the kids live in states other than the one that issued the original order, then that state does not have the authority to make a modification. Each situation has its own unique elements, discuss your case with a Bucks County family attorney.
Are you hoping to secure the child support funds you have been awarded now that your ex has moved to another state? Do not gamble with your financial future, there are federal and state protections in place to ensure you receive your court-ordered payments. Moving to another state does not mean your ex no longer is required to make support payments, talk to the family law attorneys at Kardos, Rickles & Hand to learn more. When you are ready to take legal action, call 215-968-6602.