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Interstate Child Support Cases
(provided by Theodore Sliwinski, Esq.)

1. My husband moved to Florida after we got divorced. How can I now collect my child support?

Your child support payments can be collected through the UIFSA provisions. More specifically, the Federal Uniform Interstate Family Support Act (UIFSA) provides that New Jersey child support can be carried out if the non-custodial parent of your child lives out of state.

This law requires employers to comply with other states' income withholding orders and puts limits on where orders can be changed. This law also protects the non-custodial parent by making sure that only one current order for support is in effect at any time. It establishes rules for creating only one order when there are multiple orders.

It is important to emphasize that a non-custodial parent moves to a different state in order to avoid paying child support, he or she may face federal criminal prosecution.

2. What type of legal protections does the UIFSA provide to me?

The Federal Uniform Interstate Family Support Act (UFISA) makes sure New Jersey child support orders are carried out when the non-custodial parent lives out of state.

The UIFSA requires employers to coordinate with other states' income withholding orders and limits where orders can be changed.

This Act also protects the non-custodial parent by assuring only one current order for support is in effect at any time and establishes rules for what to do when there is more than one order for a particular child. This Act also:

a. Keeps the custodial family informed about the case using strict rules. Within two days after receiving a written notice from another state or the non-custodial parent, the New Jersey Child Support Program must send a copy to the custodial parent; the New Jersey Child Support Program must notify the custodial parent if jurisdiction over the non-custodial parent cannot be obtained; and if a New Jersey agency issues an order under UIFSA, it must send a copy of the order to the custodial parent, the non-custodial parent, and the other state's agency, if any.

b. Allows for documentary, telephonic and facsimile testimony.

c. Uses federally-mandated forms, so the evidence they contain is admissible in all states.

d. Requires employers to honor income withholding orders issued in another state.

e. Allows the custodial parent to register an order in the non-custodial parent's state just to enforce the order.

f. Allows for a change in the support order under limited circumstances.

g. Allows for the laws of the issuing state to govern all aspects of current support and payment of past-due child support of a standing order.

Information provided by:
Theodore Sliwinski, Esq. located at
http://divorcelawyerofnj.com/

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