Attorney Katherine Kraus

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What happens in the case of interstate child support?

On Behalf of | Dec 10, 2018 | Uncategorized

Once your divorce decree is official, you can finally move on with your life. The prospects are exciting but daunting. When enough time has gone by for you to settle into your new reality, your ex-spouse moves to a new state.

Suddenly, all the formal and informal agreements you both made during the divorce no longer feel solid. If you are the parent who remains behind with the children, one of your first concerns is likely to be child support.

Can you count on collecting child support?

Among the many issues competing for your attention when you began the divorce process, you may have failed to provide for contingencies based on whether one or both of you decided to relocate.

For example, your divorce may not contain an agreement covering out-of-state child support. Fortunately, the Uniform Interstate Family Support Act is already in place to protect you.

What is the Uniform Interstate Family Support Act?

The UIFSA covers all states to make sure you can resolve any interstate child support issues. This act allows courts to make sure your child support continues.  

Suppose your divorce decree originates in Arizona and your ex-spouse eventually moves to Colorado. Under the UIFSA, Arizona will send a withholding notice to Colorado where your former spouse now lives. All of the provisions and payment specifications in the original child support order issued in Arizona will remain in effect. In addition, if you need to modify terms or conditions, only Arizona is empowered to change your original child support order.

This scenario, however, applies if just one of you moves out of state. If you or your ex-spouse ever want to modify your original child support terms, living in another state may cause issues.

What happens when both you and your ex-spouse move away?

If you and your ex-spouse both move from Arizona to the same or separate states, child support issues can become complicated. There may be a number of factors that affect what modifications you and the other parent will need to make.

Even though it seems like it takes forever, life eventually evens out, your logistics line up, and your new normal can provide you with the comfort zone you deserve. 

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