Child Support in Multi-State Situations: 3 Common Challenges

Child support is an emotionally charged and complex process. It becomes even more stressful when one parent lives in or moves to another state. Many legal issues are still left to the states. Additionally, states have limited authority to issue orders to people in other states.

All of these legal principles can impede parents on both sides of a child support issue. On top of these legal considerations, many practical concerns can arise. Traveling for hearings takes time and money that could otherwise go to the children. Even the U.S. Post Office’s reliability in delivering child support checks can become an issue.

Some common legal challenges you can face include the following:

Differences in Cost of Living

Judges determine child support amounts based on the child’s needs and the parents’ resources. This calculation accounts for some of the regional variations in the parents’ expenses. However, the cost of living in one state might be so much higher than in a neighboring state that either the child or the parent subject to the support order might not have enough to maintain their living standard.

For example, suppose that you, as the non-custodial parent, moved from Michigan to Minnesota after your divorce. The cost of living in Minnesota is so much higher that you might be unable to pay your child support and living expenses. Conversely, if you have custody and you move with your child to Illinois, your child might receive inadequate child support to meet their needs.

You can address this issue by returning to the court that issued the child support order and asking for a modification. You can often seek a reasonable modification for a material change in circumstances.

Jurisdiction Over Child Support Issues

This issue is usually straightforward. The court that issued the child support order retains jurisdiction to modify or enforce it. Every state acknowledged this rule by passing a version of the Uniform Interstate Family Support Act. This legal principle prevents different states from issuing conflicting child support orders for the same child.

However, challenges can arise in the early stages of a case before any support orders have been issued. For example, suppose that you and your co-parent filed competing divorce petitions in Michigan and Wisconsin. Each court must analyze whether it has jurisdiction over the case before one of them can issue a temporary or permanent child support order.

While the courts will eventually work out a solution, the delays in getting child support payments could unfairly burden the child and the custodial parent.

Enforcement

One of the greatest challenges in multi-state child support cases arises from enforcement. States provide many mechanisms for enforcing child support, such as driver’s license suspensions, wage garnishment, and tax refund seizures. However, you may need to hire a lawyer in the other state to help you pursue these options.

Additionally, if the other parent persists in dodging their child support obligation, you may need to take the case even further. When parents are in the same state, the court can enforce child support orders using its contempt power. This option is less effective when the other parent is in another state because you must register the contempt order in the other parent’s state to enforce it.

Overcoming the Challenges of Multi-State Child Support

You can overcome the challenges of multi-state child support. Contact us to learn how we can assist you and protect your child’s financial resources.