The law is constantly finding new ways to deal with the ever-evolving challenges of family law. One growing problem is the fact that so many people relocate to other states. Relocation can complicate family law matters such as child support and spousal maintenance. If one parent has moved, where are petitions for modification or enforcement rightly to be heard? We understand just how important child support and spousal support can be, and how frustrating it is to continually be denied these crucial finances. Additionally, when a client requires a modification to be made, whether they lost a job or underwent another life changing event, it is necessary to work with an interstate family law attorney to ensure that these modifications can be made in a timely manner.
Enforcement, Modification, and Other Issues
The Uniform Interstate Family Support Act (UIFSA) provides a variety of criteria that control where child support and spousal maintenance issues are decided. The application of the UIFSA to an individual situation can be very complex when it comes to child support modifications, enforcement and other issues.You should choose to work with an attorney who understands the various laws that govern in what state your matter is heard. Ensuring that those issues are properly determined using the appropriate state law depends on making sure that the issue is heard in the correct state’s court.
What Does the Uniform Interstate Family Support Act Do Regarding Spousal and Child Support Orders and Modifications?
The UIFSA serves to expedite “interstate and intrastate proceedings involving child support or spousal support.” Or, its purpose is to ensure that all states comply with its jurisdiction involving the swift and full payment of child or spousal support. Specifically, the Act governs the following:
- The establishment of a child or spousal support order;
- The enforcement of a support order;
- The registration of child or spousal support;
- The modification of a child or spousal support order;
- The registration of a child or spousal support order;
- Establishing who the parent is; and
- The assertion of jurisdiction over nonresidents, or those who live outside of New York.
Enforcing Child Support Across State Borders
In 1996, the Uniform Interstate Family Support Act’s child support enforcement was greatly bolstered. Unfortunately, child support can be incredibly difficult for many parents to receive on time and in full. Only 61 percent of fathers (and mothers) make their required child support payments, according to a study published in Journal of Marriage and Family and reported by Time Magazine. While mothers may be the party that owes child support in many cases, the majority of the time child support is owed by the father. A study published in the Journal of Sociology and Social Welfare found that fathers who fail to pay child support claimed the following reasons as to why they do not make their payments: they do not have enough money, they are not allowed visitation rights or are not allowed to visit as much as they wish, they have no control over how the money is spent, they claim that the child is not theirs and that they should not be held responsible because they never wanted the child in the first place. Whatever the reasons may be, the law holds all individuals accountable for coming up with the child support payments that they owe. If it comes down to it, wage garnishing, a revocation of their driver’s license, and even jail time may be necessary until payments are made. Working with an attorney that has intimate knowledge of the UIFSA’s Child Support Enforcement regulations is paramount to receiving what you and your child are owed.