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Cross-Jurisdictional Child Support Actions
In an increasingly mobile society like ours, a growing number of divorcing or separating couples find themselves living in different states or even countries.
August 01, 2010 /Parenting PR News/ -- In an increasingly mobile society like ours, one fueled by technological advancement and corporate development, a growing number of divorcing or separating couples find themselves living in different states or even countries. A General Accounting Office (GAO) report from 1992 estimated that at that time nearly 40 percent of all child support actions involved parents in different states - that number is even higher now. This is especially true in today's struggling economy - more and more people are being forced to relocate for job opportunities or family commitments.
When children are involved, and custody or support actions must be filed that will affect people in two separate jurisdictions, complications often arise. Cross-jurisdictional support proceedings must be filed with attention to detail, particularly since interstate support actions can raise many legal technicalities. The United States Commission on Interstate Child has identified several factors that prevent easy enforcement across state lines. These include:
- Conflicting laws
- Not enough staff at child support and social service offices
- Lack of communication between enforcement agencies from state to state
- Incompatible automated systems
- Difficulty locating and serving parties due to name changes, lack of a forwarding address or deficient cooperation between state courts
- No federal supervision, support or incentives for states to act
Federal Response to the Difficulties in Enforcement From State to State
Congress has addressed the difficulties inherent in the processes of establishing and enforcing child support obligations in different states. In 1992, the National Conference of Commissioners on Uniform State Laws drafted the Uniform Interstate Family Support Act (UIFSA) to provide guidance for states involved in cross-jurisdictional child support actions. At that time, the provisions were optional, but the federal Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 required states to adopt the UIFSA in order to receive federal social service funds.
The UIFSA has now been formally recognized by all 50 states, the District of Columbia, Guam and Puerto Rico. It is, for the most part, standard from state-to-state, though some provisions have been modified by state legislatures or are applied slightly differently by some courts. The UIFSA is a comprehensive look at interstate family affairs, encompassing a wide range of relevant topics. It sets forth procedures for:
- Determining the correct venue in which to file an action
- Exercising jurisdiction over a non-resident
- Establishing the residency of a child
- Determining if an award is proper (including listing factors that should be taken into account by the court hearing the matter)
- Setting an award amount
- Enforcing the payment of support pursuant to a valid court order
- Modifying or terminating a support obligation due to a substantial change in circumstances of one party or the child in question
Determining Where to File a Child Support Action
Child support petitions, like other legal actions, need to be filed in the proper court in order to be effective. If they are not, then they risk being dismissed. If not dismissed outright, the proceeding must be transferred to the correct venue, which will increase both the duration of the action and the costs associated with it.
Generally, these actions are properly filed in the Family Court of the county where the child lives, and then that court is responsible for securing personal jurisdiction over the party from whom support is sought. The UIFSA provides several bases for which a court may exercise personal jurisdiction over a non-resident:
- The person is served with notice of the action within the state in which it is filed
- A waiver of the right to contest personal jurisdiction
- Appearing in the court where the action was filed (either in person or represented by local counsel)
- The person has, at one point, lived with the child in the state where the motion is pending
- The individual did not live with the child, but he or she covered prenatal expenses and provided support for the child
- The child is only residing in the state where the action was filed because of the person's actions
- There is reasonable evidence that the child was conceived in the jurisdiction where the proceeding was filed
- An assertion of paternity has been made and filed with the state's putative father registry (and any required state agencies)
- Other legal reasons
What Should You Do?
Interstate child support actions are a powerful tool but they can also seem complicated and overwhelming for someone who is not intimately familiar with the judicial system. If you have questions about UIFSA provisions or are interested in filing one of these actions, you should consult an experienced family law attorney in your area to learn more about your rights and options.
Article provided by Colwell, Colwell & Petroccione, LLP
Visit us at www.colwell-law.com/
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