Moving Interstate and Protecting Your Child Support

Moving interstate for a fresh start or a better opportunity shouldn't mean sacrificing the financial security of your daughter. The good news is that the legal framework in the U.S. is designed to ensure that child support obligations follow the paying parent, regardless of state lines. Losing your support payments is a common fear, but with knowledge and preparation, you can confidently navigate this transition.

The key law you need to know is the Uniform Interstate Family Support Act (UIFSA). This federal mandate, adopted by all 50 states, is the foundation for interstate child support.

Understanding the Uniform Interstate Family Support Act (UIFSA)

The Uniform Interstate Family Support Act (UIFSA) is the powerful tool that prevents parents from escaping their financial duties by simply moving to another state. It works to establish, enforce, and modify child support orders efficiently across the country.

The Cornerstone: Continuing Exclusive Jurisdiction (CEJ)

The most vital concept under UIFSA is Continuing Exclusive Jurisdiction (CEJ). This principle dictates that generally, the state that issues the original child support order keeps the sole legal authority—the jurisdiction—to modify that order, as long as one of the parties (you, the other parent, or your daughter) continues to reside there.

• What this means for you: If you move from, say, New York to California, but the other parent remains in New York, the New York court retains CEJ. Any future request to change the support amount (a modification) must be filed with the New York court, even though you and your daughter now live in California.
• Why this is important: CEJ ensures there is only one valid child support order at any given time. It prevents conflicting orders and legal chaos between states, offering stability to your daughter's support.

Enforcement: Getting Payments in Your New State

The first concern for most custodial parents who move is how to ensure the payments keep coming from the paying parent in the old state.

1. The Order Remains Valid

A move does not void or change the existing child support order. The order is still in effect and the obligation to pay remains.

2. Direct Income Withholding

The most straightforward and common method of enforcement is Direct Income Withholding. This is where the existing wage garnishment order is sent directly from your state's Child Support Enforcement (CSE) agency (or even your attorney) to the paying parent's out-of-state employer.

• Example: Your original order was in Texas, and your ex-husband moves to Colorado and gets a new job. Your Texas CSE agency can send a standardized Income Withholding Order directly to his employer in Colorado. The Colorado employer is legally required to deduct the child support from his paycheck and send it to the designated disbursement unit, usually run by the CSE agencies. This often bypasses the need for court action in the new state.

3. Interstate Case Registration

If direct income withholding isn't an option, or if the paying parent falls behind on payments (gets into arrears), you can ask your new state's CSE agency to open an interstate case.

• The process:
  1. Contact the Child Support Enforcement Agency (CSEA) in your new state (the state you moved to).
  2. Provide them with all your documentation: a certified copy of the original support order, payment history, and information about the paying parent (address, employer, etc.).
  3. Your new CSEA will then communicate with the CSEA in the paying parent's state to "register" the order for enforcement. Once registered, the order can be treated as if it were originally issued in that state, allowing local enforcement tools to be used.

Enforcement Tools in the New State

Once the order is registered, the paying parent's state can use powerful tools to enforce compliance, which may include:

• Wage Garnishment (as mentioned, the most common).
• Intercepting Federal and State Tax Refunds.
• Suspension of Driver's, Professional, and Recreational Licenses.
• Liens on property.
• Passport Denial (for high-debt arrears).

Modification: When and Where to Change the Order

Circumstances change—someone gets a significant pay increase, loses a job, or your daughter's needs change. Requesting a modification across state lines is where CEJ becomes most critical.

The General Rule: Stick to the Issuing State

As long as the issuing state (the state that granted the original order) retains CEJ—meaning one party or the child still lives there—that court is the only one that can modify the order.

• Example: You move from California to Nevada, but your daughter's father stays in California. You must file any request for modification (e.g., to increase support) in the California court.

The Exception: Transferring Jurisdiction

Jurisdiction can transfer to your new state only if the state that issued the original order no longer has a connection to the case.

This typically happens when:

1. Both parents and the child have all moved out of the original issuing state; AND
2. The party seeking the modification has properly registered the order in the new state where they and/or the child now live.

• Example: The child support order was issued in Florida. You move to Georgia. The father later moves to Alabama. Neither of you nor your daughter lives in Florida anymore. In this scenario, you could potentially seek a modification in Georgia, where you and your daughter now reside, by asking the Georgia court to accept jurisdiction.

Note on Modification Law: If a modification is allowed in the new state, that state will generally apply its own child support guidelines to recalculate the amount. Since state guidelines vary, the amount could go up or down.

Your Action Plan for a Smooth Interstate Move

Preparation is your best defense against losing support. Follow these steps as you plan your move:

Pre-Move Steps (Before You Leave)

1. Review Your Custody Order: Check your child custody or visitation order. Does it require you to notify the other parent or seek court permission before moving out of state with your daughter? Moving without proper notice or permission can have serious legal consequences regarding custody, separate from child support.
2. Gather Documents: Collect and organize certified copies of your original child support order, any subsequent modification orders, and a full payment history (arrears/credits).
3. Update Contact Information: Notify the CSEA in the state that issued the original order of your new address, phone number, and employer details.

Post-Move Steps (After You Arrive)

1. Locate Your New CSEA: Find the contact information for the Child Support Enforcement Agency in your new state. Every state has one, and they are your primary resource for interstate cases.
2. Open an Interstate Case: Contact your new CSEA and open an interstate case for enforcement or registration, if necessary. They are trained to handle UIFSA procedures.
3. Monitor Payments: For the first few months, keep a close eye on your payment schedule. Any hiccup in the payment process should be immediately reported to your CSEA caseworker in your new state.

Final Thoughts: Don't Panic, Be Proactive

While moving interstate adds a layer of complexity to child support, federal law is overwhelmingly on your side. The US system, through UIFSA, is designed to make sure the legal walls between states are transparent when it comes to a parent’s duty to their child.

The most important takeaway is to be proactive. Consult with a family law attorney if your situation is complex or if the other parent is uncooperative, but always start with your local state CSEA. They are the experts in making the interstate system work for you and your daughter.