Enforcing Child Support of Out-of-State Parents
When your children’s other parent lives outside of New York, determining which state has jurisdiction to rule on the establishment, collection and enforcement of child support payments can complicate the process of getting the money you are owed. The Uniform Interstate Family Support Act (UIFSA) addresses this issue so you know which order to follow and which court to petition for legal intervention.
Prior to passage of UIFSA, you and the other parent may have obtained inconsistent orders that required the payment of vastly different sums. In addition, the differing state laws could lead to vastly different results when applying for enforcement assistance or modification of an existing order. Because every state was required to adopt UIFSA in 1996, you can now rely on this legislation to direct you toward the correct body of law, state agencies and court system to pursue your rightful child support payments.
The basic premise of the UIFSA is that the law recognizes only one order for each child and paying parent during any period of time. Whether New York or another state has jurisdiction is determined by the UIFSA provisions regarding:
- Continuing exclusive jurisdiction (CEJ) — recognizes a state’s power to issue and modify a controlling child support order if your child or either parent continues to live in the state.
- The controlling order— is determined by which state has CEJ if your New York order conflicts with that issued by another state’s court.
- When a state loses CEJ — it loses the authority to modify an existing order and collect on current payments that are due, but the state can collect on arrearages if from a prior order made while the state had CEJ.
- To transfer CEJ to New York — you and the other parent can agree that NY has jurisdiction or you can trigger the transfer by initiating court action if you, your child or the other parent lives in the state.
Whether the other parent is living in New York or another state, Bryan L. Salamone, Esq. can help you get the child support to which you are entitled.