Modify Out of State Child Support
by Corey from Gulfport, Florida, Pinellas County
I'm the noncustodial parent (father) and I NEED to re-modify my child support without a lawyer.
I live in Florida, can I file here or do I have to file in the original state where support first started?
Answer to Florida Child Support Question
Interstate child support is governed by the federal law known as the Uniform Interstate Family Support Act (UIFSA).
One of the main purposes of the law is to ensure that courts avoid rendering duplicate or conflicting child support orders, from state to state.
A state must accept continuing exclusive jurisdiction (CEJ) of the child support order including modification.
Which state that is, depends on a couple of factors. You don’t say whether the child resides in Florida or not, and this is important. There are three possible scenarios.
For example if your child support order originated in Louisiana (or any other state); and the child and the child’s mother continue to reside in Louisiana, then jurisdiction remains in Louisiana.
In that case, you would need to petition for modification of child support there in Louisiana. But, if the child support order originated in Louisiana (or any state); and the child and the child’s mother now also reside in Florida; and they have resided in Florida for at least six months; and are Florida residents; then you can have your child support order transferred to Florida so that you can petition for modification.
The third scenario is that if the child support order originated in Louisiana (or any state); but none of the parties reside in Louisiana anymore; then jurisdiction falls to the state where the child resides. For more information read the UIFSA Procedural Guidelines Handbook
and read through the questions and answers, which is published by the U.S. Department of Health and Human Services, Administration for Children and Families.
An article by Laura Morgan, Family Law Consulting, Choice of Law in Interstate Family Support Cases
is helpful and informative. That article is on the website www.supportguidelines.com Notice:
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