Parents have an obligation to support their children. That is why child support exists. Are you struggling to collect child support from the non-custodial parent? Unfortunately, this is not so uncommon. It can be a difficult and uncomfortable situation to not receive the child support payments you are owed. Not only can it easily put you in a tough financial position, but the stress of having to seek assistance with collection efforts can place a strain on your already busy life. All of this can be further exacerbated should the non-custodial parent live out of state.
How Do I Collect Child Support From an Out of State Non-Custodial Parent?
Interstate child support refers to the situation where the payor parent lives out of state. The Uniform Interstate Family Support Act (UIFSA) was established for this particular situation. It dictates which child support laws will apply in efforts to collect owed child support and modification requests. Parents seeking the collection of interstate child support are protected under this law.
It should first be made clear that it is a crime for a parent to relocate to another state in an attempt to shirk a child support order. The severity of said crime will vary by state and prosecution of the case is at the discretion of the relevant law enforcement agency. There are other potential repercussions for an out-of-state parent who avoids a child support order, as well as possible assistance available as the custodial parent, tries to seek enforcement of the child support order.
The agency in the state of the non-custodial parent that is tasked with the establishment and enforcement of child support orders may provide assistance to the custodial parent that does not live in the state where the agency is located. In some cases, this agency can assist by requesting the non-custodial parent’s employer withhold the requisite child support amount from the paycheck of the non-custodial parent. This same type of state agency may also assist parents who live in the state but are looking to enforce a child support order for a non-custodial parent living in another state. This, however, often requires cooperation between agencies in both states.
State agencies are also empowered with several other enforcement tools at their disposal. An agency may seek to place a lien on property the non-custodial parent holds in the state with jurisdiction over the child support order. An agency has the option of seeking enforcement of a child support order as a foreign order and may do so in any state where the non-custodial parent lives, works, or owns property. Once a request for enforcement has been made, the authorized state can use different types of enforcement measures. This includes withholding from the parent’s paychecks and placing property liens on anything from bank accounts to real estate holdings.
Orlando Family Law Attorneys
Are you struggling with child support issues? You are not alone. The dedicated team at Orlando Family Team is here to help. Contact us today.