Out of State Child Support Jurisdiction

by Dad from New Jersey


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 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).

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.

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Comments for Out of State Child Support Jurisdiction

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3 States - Who Has Jurisdiction?
by: SLW

The plaintiff lives in West Virginia with her 3 children who are now grown and have children of their own. In 1991 West Virginia brought suit against the defendant through registration. This caused such a hardship that the defendant had to separate from his new wife and moved back to Arkansas.

Take note that the plaintiff and the children never lived in Florida. The Defendant has lived in Arkansas for over 19 years. West Virginia is trying to bring suit through Florida to Arkansas. The statute of limitations for West Virginia and Arkansas have long passed and is a bar from them moving forward.

West Virginia is trying to use Florida's papers which are all stamped with CLOSED on them. Now I know that Florida has no statute of limitation in this child support matters but do they have subject matter or personal Jurisdiction in that none of the parties are residents of Florida?

-- I don't know. It doesn't seem like Florida has any jurisdiction at all, as none of the parties resides in Florida. I would suggest speaking with a Florida family law attorney who offers free or low cost consultations to get a more definitive answer to your complicated question. Good luck. --Staff

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