Interstate/International
Child Support Issues
Collecting child support across state
lines or international borders can be
a very difficult task. One of the biggest
problems is determining which court has
jurisdiction over the case. Once a particular
court assumes jurisdiction over a child
support case, it may be very difficult
to get another court to modify the court
order. Out-of-state courts may enforce
the court order, but they may be reluctant
to change it in any way.
Interstate child support is governed
by the Uniform Interstate Family Support
Act (UIFSA). Under UIFSA, a court may
be able to get personal jurisdiction
over an individual for any number of
different reasons.
For example, a court
may have jurisdiction over a person who
lived in the state, even if they have
now moved out of state. It may have jurisdiction
over a person simply because he or she
files a pleading in a court of law. It
may have jurisdiction over a person if
he or she had sexual relations with the
opposing party, which may have resulted
in the conception of the child in question.
Jurisdiction may be conferred upon a
court where the person contributed to
prenatal or postnatal expenses for the
child.
Getting personal jurisdiction over the
person who owes support, however, may
not be enough to get a court to hear
your case. A court will reject a case
if another court still has jurisdiction
over the matter. This is known as “continuing
exclusive jurisdiction,” and it
is an important rule in UIFSA.
However,
if you and the opposing party now live
in different states, you may be able
to enforce an out-of-state support order
in a different state by following the
statute’s registration and confirmation
procedure. This procedure allows you
to transfer court orders from one state
to another, for purposes of enforcing
them against the person who is obligated
to pay support. Under UIFSA, employers
are obligated to garnish wages in order
to pay support to the appropriate child
support agency.
A variety of federal and state laws
now make it difficult for a child support
obligor to escape. Banks and employers
are required to disclose account information
and obligors’ names and addresses.
Social security numbers are routinely
required in courthouses. Outstanding
child support obligations are reported
to credit reporting agencies, and drivers’ licenses,
sporting licenses, and professional licenses
may be suspended if child support is
not paid. Unsatisfied child support debts
can be reduced to judgments in favor
of the person entitled to the money.
Those judgments can be used to levy on
assets and accounts.
Although there are many laws and procedures
now to assist parents in collecting unpaid
child support, there are also many procedures
available to parents who have been overcharged
for support, or who are not being given
credit for the amounts paid. Different
laws enable child support obligors to
petition the court to reverse their arrears,
audit their accounts, and adjust the
amounts due.
A change in circumstances,
such as a physical injury or loss of
job, may qualify somebody for a reduction
in child support. Likewise, when the
other parent has enjoyed a significant
increase in her earnings, income and
financial resources, the court may lighten
the burden on the parent required to
pay child support.
International child
support collection is much more difficult
than interstate child support enforcement.
While UIFSA recognizes international
claims, it does not necessarily assist
parties who are trying to collect support
money from parents living abroad. The
United States has very few agreements
or compacts with foreign countries relating
to child support. Language translation
problems, and diverse legal systems often
make it difficult to transfer court orders
or to collect payment from overseas. |