Child Support Enforcement State to State

Updated on December 28, 2011
D.D. asks from Goodyear, AZ
5 answers

We were married in FL, we moved to NC had a son. I went to SC after seperation and got a divorce there. I remarried and moved to PA. SC has been enforcing the child support, but a lawyer suggested that I moved the enforcement to the state we live in. My question is if you move the enforcement did you find it easier to deal with the state you live in? Did you have any problems with it? What should I be aware of??

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J.B.

answers from Boston on

In my experience, enforcement is best handled by the state in which the support-paying parent resides. If that's SC, then leave the order there. If you move it to PA but still need SC involved, then you have to go through the step of setting up a UIFSA (Uniform Interstate Family Support Act) order so that SC can enforce the order on behalf of the state of PA.

If the father is in NC or some other state, then you already have a UIFSA in place and it may make sense to move the order to PA. If that's the case, ask the lawyer who mentioned it to you what she or he perceives the benefit to be. There are questions of jurisdiction with interstate orders so that's why it may make sense to move it to PA - that way, PA has jurisdiction over the order and you can request modifications, via the state in which you actually live. Of course of the guidelines in PA are less favorable to you than in SC, it may make sense to let sleeping dogs lie.

1 mom found this helpful

T.K.

answers from Dallas on

It is easier to move your case to where you are. You can file for a modification every 3 yrs, but you have to be present for court. It's much easier to drive to the courthouse than fly to SC

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K.F.

answers from New York on

Changing the venue is a very wise thing to do. If your ex decides to take you to court it would be in the court where it is enforced and you would at that time have to travel to handle everything and it could take time to get a change of venue.

My husband's ex never got a change of venue. When he had to file for temporary custody he didn't have to travel to the state where she was living but she had to come to the state where we live to contest the change of custody which was a hassel for her.

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G.B.

answers from Oklahoma City on

The only issue I see is that if you do go back to court he will have to be present and I would expect to pay for his day off and travel if he had to go out of state. That could take him several days off work. I think keeping it where he is would be best. The court only does a quick review so it would not be worth it to me to change it to a different state. If he is paying then why make him take off from work to travel and miss out on making money those days...

I guess I don't understand why it would need to be moved at all, does one state have different guidelines than others? I would go visit with the child support enforcement office in my county and find out what they say. We have not attended any child support courts, they do it if we ask about getting a raise and it has nothing to do with is being there or not. They are in and out in less than 5 minutes anyway.

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R.K.

answers from Appleton on

Contact the child support agency for the county you currently live in and ask their advice. Most states have a recipical agreement with all of the other states. In other words whatever the courts decided in one state is upheld in the other states. There are a few states who do not subscribe to a recipical agreement, Florida was one. So a non custodial parent could take his (her) kids to Florida and not return them and the custodial parent had to go to Florida and back to court to have the children returned. This may have changed, my info is a bit old. But the Child Support Agency will have the up to date info.

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