Out of State Child Support Jurisdiction

by Dad from New Jersey

Out of State Child Support Jurisdiction:
Mother and son moved out of state. I live in New Jersey, the mother and our son moved out of state of Florida.

Do we still deal with Florida courts on child support issues even though they don't live in Florida anymore?

Answer to Florida Court Forms Child Support Question

Dear Dad,

Yes and no. A child support order can remain in place even if none of the parties live in the state any longer. However, if one of the parties needs to enforce or modify the child support order, the jurisdiction would change.

If none of the parties live in Florida, then Florida no longer has jurisdiction. The state where the child resides becomes the state of continuing exclusive jurisdiction.

And child support enforcement actions and child support modifications would have to take place in the new state. The governing law is the Uniform Interstate Family Support Act (UIFSA). You can read more about UIFSA at SupportGuidelines.com

The following is an excerpt from: Choice of Law in Interstate Child Support Modification Cases by Laura W. Morgan

A court may take modification jurisdiction under UIFSA when all the parties have left the original issuing state, and the petitioner for modification is not a resident of the forum (except if all parties are residents of the forum). UIFSA § 611(a). This section also provides that when a court takes jurisdiction to modify a child support order originally issued by another state, the new state must apply its own child support guidelines in the modification proceeding:

(b) Modification of a registered child-support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by the tribunal of this State and the order may be enforced and satisfied in the same manner.

UIFSA § 611(b).

The comments to this section state:
Subsection (b) states that when the forum has assumed modification jurisdiction because the issuing state has lost continuing, exclusive jurisdiction, the proceedings will generally follow local law with regard to modification or child support orders.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.
Free Family Lawyer Referral

Our Self Help Guide, Modifying Child Support in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Child Support In Florida

See These Related Florida Child Support Pages

Back to Top

Go to Florida Child Support

Go to Florida Child Support FAQs

Go to Florida Child Support Forms

Go to Modifying Child Support Documents Preparation Service

Back to Florida Child Support Jurisdiction Questions

Back to Florida Court Forms from Out of State Child Support Jurisdiction

---

Top | Home | Search Site | Site Blog | Legal Resources | Contact Us | Ask the Staff

---