Child Support Jurisdiction

Not fully understood in this is the application of the Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA). This law, which designates the home state of the child as having jurisdiction over custody issues, does not equally apply to Child Support.

The applicable law is the Uniform Interstate Family Support Act (UIFSA). UIFSA governs the establishment, modification and/or enforcement of support orders across state lines. In addition, UIFSA also authorizes interstate determinations of parentage without an accompanying establishment of support, or in a contemporaneous manner to determine parentage and establish support. Uniform Interstate Family Support Act (1996), Prefatory Note, Page 8, Section E.

A state may enact jurisdiction over a nonresident to establish, enforce, or modify a support order or to determine parentage if the individual:

1. Is personally served within the state;
2. Submits to the jurisdiction of the state by consent;
3. Resided in the state with the child;
4. Caused the child to reside in the state;
5. Engaged in sexual intercourse in the state and the child may have been conceived by that act;
6. Asserted parentage in the putative father registry maintained in the state by the appropriate agency; or
7. There is any other basis consistent with the constitutions of the state and the United States for the exercise of personal jurisdiction.

Suppose the mother wants to initiate an action to collect child support from you, however you live in another state. She has three options. First, she could file an action in her state and obtain personal jurisdiction of the respondent in one of the above seven categories. Second, she could initiate a two-state process by filing proceedings seeking to establish a support order in YOUR state, which would then forward your proceedings to the state having jurisdiction. Third, she can file a suit in YOUR state of residence.

In most cases, the mother will file in her state, and not knowing the requirements stated above, the father would simply submit to that state's authority, not knowing that they may not have "Long Arm Jurisdiction" over him, providing him with the option to ask his own state to take jurisdiction. In considering whether a father wishes to accept the jurisdiction of the mother's state, or ask for one's home state to take jurisdiction, a father needs to consider the laws of each state as regards child support.

• In California, child support is adjustable based on the amount of time you have the child. Naturally, with long distance visitation, you are not going to have the child as much as you would if you were both living in the same county, so you would be paying more in support.
• In Massachusetts, aside from an overall higher rate of child support, the income of a second spouse is also considered in the calculations.
• In Indiana, New York, and Mississippi, child support runs until age 21, regardless of whether the child goes to college.
• In Missouri, if the child goes to college, and maintains five credit hours, child support goes to age 23.
• In Arizona, if the child attends college, it runs to age 21; however, there are no minimum credit hours.
• In Washington, you are required to pay child support through college, AND pay for the college education.
• Of interest, in American Samoa, which still falls under UIFSA regulations, the Age of Majority is 14.

To determine how one wishes to address jurisdiction, a father will need to take the time to learn exactly how the child support regulations of each state will be applicable. He may not desire being required to travel to, and/or hire an attorney for, the state of residence of the mother; however, the long-term payment of child support may be less by submitting to that jurisdiction, than your cost for travel and attorney fees. See this link for when child support ends.

Finally, always remember that all or part of the costs involved in "Long Distance Visitation" can be considered in calculating the child support obligation using a "Rebuttable Presumption" argument.

If the mother is carrying the cost for you to see your child, she can submit part or all of this cost for consideration of the court to increase your payment. In the reverse, if you are carrying this cost, you have the option to do the same to reduce your obligation. It will be up to the court to determine the validity of the requested adjustment.

Generally, the state that entered the child support order retains jurisdiction over that order if at least one of the parties to the action lives in that state.

Example: Mom, Dad and child live in Missouri. A Court in Missouri enters a Decree of Dissolution, or a Paternity Order, that includes a child support order. Later Mom and the child move to Kansas, but Dad remains in Missouri. Missouri can retain jurisdiction over the order for all purposes-not just child support.

However, if Dad moves to another state, while Mom and the child have lived in Kansas for more than 180 days (6 months), Kansas becomes the child's "home state" and the Kansas Courts would handle further modifications UNLESS the parties both file written statements consenting to another state assuming jurisdiction over the case.

There was a federal law was passed in 1994 that deals with these issues. It is Public Law 103-383 [S.922], "Full Faith and Credit for Child Support Orders Act".

An act to provide that a State court may not modify an order of another State court requiring the payment of child support unless the recipient of child support payments resides in the State in which the modification is sought or consents to the seeking of the modification in that Court.

At first glance, this law appears to indicate that any state where the recipient of child support payments lives, or agrees to allow a modification to take place in, would be able to modify a child support order entered by another state-but that is not what the Full Faith and Credit for Child Support Orders actually says.

State "B" cannot modify a child support order entered by State "A" if-.

1. the child support order was made by a court in State "A" that had subject matter jurisdiction to hear the matter and enter such an order according to the laws of State "A"; and State "A" had personal jurisdiction over the parties; and


2. the parties had reasonable notice of the action in State "A" and had an opportunity to be heard by the court in State "A"; and


3. at least one of the parties still resides in State "A".

State "B" can modify a child support order entered by State "A" if:

1. the child support order was made by a court in State "A" that had subject matter jurisdiction to hear the matter and enter such an order according to the laws of State "A"; and State "A" had personal jurisdiction over the parties; and


2. the parties had reasonable notice of the action in State "A" and had an opportunity to be heard by the court in State "A"; and


3. the court has jurisdiction according to State "B's" laws; andĀ 

• State "A" no longer has jurisdiction over the child support order because State "A" is no longer the child's home state or the residence of any other party to the action; ORĀ 
• Each party has filed a written consent, in State "B," agreeing that State "B" can assume jurisdiction over the child support order.

To clarify- Mom, Dad and child lived in Missouri; and after proper service of summons was made and both Mom and Dad had an opportunity to be heard, a Missouri court entered a child support order requiring Dad to pay child support to Mom. Mom and child move to Kansas, and live there more than 6 months. Dad moves to Iowa.

Missouri (State "A") loses jurisdiction because none of the parties live in Missouri any more. Kansas is the child's new home state. Future modifications can be made in Kansas (State "B") because Missouri doesn't have jurisdiction anymore and because the child and the recipient of child support live in Kansas. If for some reason Dad wanted to get a modification in Iowa (State "C"), Iowa could only assume jurisdiction if Mom consented, in writing.

However, under this law, Missouri, (State "A") could still enforce its child support order with regard to any child support arrears that accumulated while it had jurisdiction over the child support order even if none of the parties still lived in Missouri.

You only need to be served with a summons and a copy of the petition or motion to be deemed to have had an opportunity to appear and be heard. The important thing to understand is: if you are ever served with a summons and a copy of any petition or motion, you must answer or enter an appearance, in writing, within 30 days, or you will not get notice of actual hearings on the case AND even if you don't go to any hearings, you will be bound by any orders that are entered.

DO NOT IGNORE A SUMMONS - IF YOU DON'T UNDERSTAND IT, TALK TO A LAWYER IMMEDIATELY!