When one or both parents move to a new state, an existing child support order may still need to be enforced, or the move may create grounds for a modification. The process becomes a little more complicated when dealing across the state lines, but all parties generally have the same rights as they would if they had remained in the same state.
How Do You Enforce a Child Support Order Across State Lines?
The Florida Department of Revenue helps collect child support payments in Florida for both Florida child support orders and out-of-state child support orders. In many cases, you simply need to provide the child support order.
The Uniform Interstate Family Support Act gives the Florida Department of Revenue and Florida courts the power to enforce out-of-state court orders. Similarly, the counterpart agencies and courts in other states can enforce Florida support orders against parties living in those states. The various state agencies work together so that even when one doesn’t have complete jurisdiction, they will help you work with the agency that does.
Which Court Resolves Disputes?
The court that originally issued the child support order usually retains jurisdiction even after a parent moves. This means that in the event of non-payment or other disputes, you would return to the original court. In limited cases, the original court may not have jurisidiction over the noncustodial parent. In those situations, you can seek to have the noncustodial parent’s local court enforce the original child support order.
How Do You Change a Child Support Order After a Parent Switched States?
An interstate move often means a change in job status or parenting arrangement that could trigger a need to modify a child support order. In most cases, the original court retains jurisdiction over any modification proceedings. Two exceptions are if both parents consent to use a different court or if neither the parents nor the children are still living within the jurisdiction of the original court.
Even if you go to court in a new state, the original state’s laws will usually apply. For example, Florida child support orders usually run until the child’s 18th birthday or high school graduation, while other states allow child support until age 21. If you move from Florida to one of those states, the child support order won’t extend until age 21. If you move from one of those states to Florida, the original termination age will apply.
To learn more, talk to a Divorce Lawyer in Tampa.
If you have questions for a Tampa divorce lawyer, or are unaware of the terms and conditions of a Tampa divorce, talk to, and retain, a family law attorney who can help. Contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at [email protected]