Modifying A Child Support Order That Was Issued By Another State

By Staff Writer

If you have an existing Order of Child Support, and would like to change any of its terms, you must first determine if a Court in your State issued the Support Order. If the Order was issued by a Court in another State, uniform rules, known as the Uniform Interstate Family Support Act ("UIFSA") will govern if and how that Order can be modified. 

The purpose of UIFSA is to prevent more than one State from modifying an existing Support Order and to provide some continuity in how Support Orders are enforced and modified in the various States. UIFSA is recognized by every state in our country. As a result, UIFSA ensures that conflicting proceedings to modify a Support Order can not be commenced in different States at the same time.

Under UIFSA, if one or both of the parties move out of the State where they originally obtained a Support Order, their existing Support Order can be registered with that State that they move to.  After registration, that Support Order can be enforced by the other State.  However, just because the Support Order has been registered with that State does not mean that that State can modify the Support Order.

Pursuant to UIFSA, once a State has issued a Child Support Order, only that State can modify the order so long as: (1) the support payor, (2) the support recipient, or (3) the child resides in the State at the time the modification is sought.  Thus, if at the time a modification proceeding is commenced, either the support payor OR the support recipient OR the child reside in the State that originally issued the child Support Order, then the Support Order can only be modified in the original State that issued the Order.  If none of those parties, i.e. the support payor, the support recipient, or the child reside in the state that originally issued the Support Order, then the Support Order can be modified in another State.  

If the parents have each moved to a different State, there may be some conflict in UIFSA on who can file a petition for modification and in what State.  These rules are complicated and can be very confusing.  If you have an issue under UIFSA, you should seek legal counsel to determine what your rights are.

The rules on how a Support Order can be modified are just as confusing as the rules regarding what State can modify a Support Order.  Even though a Support Order can be modified by another State, the law of the State that originally issued the order will be controlling, even if the parents both move to another State.  Thus, if a Support Order is issued in New York State, child support cannot be terminated before the child reaches 21 years of age, even if the parents and child all move to a state where child support terminates at 18 years of age.  If a Court in that other State modifies the Support Order, that Court has to apply the New York law that provides for child support until the age of 21.