Enforcing a Support Order That Was Issued by Another State

By Staff Writer

Perhaps nothing is more frustrating than dealing with a former partner who is not paying support as Ordered by a Court. If you are in such a situation, you have the right to file an application in Court to enforce the existing Order of Support. How and where to file this application will depend on whether the Order was issued by the State in which you currently live (your "home state"), or another State. If the Order to be enforced was issued by your home state, you should consult with a local attorney to determine how to proceed with enforcement. If, however, the Order was issued by another State, a Federal Statute, known as the Uniform Interstate Family Support Act, also called "UIFSA", will govern how you can enforce the Order of Support.

In order to provide one uniform law for interstate support cases, the Federal Government mandated that all States enact an identical version of UIFSA by January 1, 1998. UIFSA allows a Support Order to be enforced in any state where the party obligated to pay support has income, owns property or has assets.

It is not necessary, under UIFSA, to go to Court to enforce a support order. UIFSA allows a party to enforce support by issuing an income deduction order. If an income deduction order is issued, and served in another state, UIFSA requires that the order must be treated the same as if the order had been issued in the state where the support payor resides. An income withholding order can be served upon the support payor’s employer by an attorney, either party or the Support Collection Unit. The employer who is served with the order must give a copy to the support payor and honor its terms.

In New York, under UIFSA, the Support Collection Units and the similar agency in the support payor’s state are encouraged to work together. If the Support Collection Unit in New York sends a support order to the agency in the other state, that state will enforce the terms of the order.

The support order can also be registered in the support payor’s state. Once registered, the support order becomes as enforceable as if it had been issued by the state in which the support payor resides. In order to register an order, the following documents and information must be sent to the other state: (1) A letter requesting the State to register and enforce the order, (2) Two copies of the order, at least one of which must be certified, (3) any modifications to the order, (4) a sworn statement by either the support recipient, the custodian or records showing the total amount of support arrears, (5) the name, social security number and address of the party paying support and the support recipient (6) the name and address of the payor’s employer, (7) a list of all known sources of income and a description of property subject to execution with the location of such property, and, (8) if applicable, the agency or person to whom support payments are to be remitted.

If the support payor lives in New York and the controlling support order sought to be enforced was issued by another state, the order must be registered in New York. Once the order has been filed, the payor will be notified of the registration and will be provided with a copy of the order and other documents. The payor will also receive a notice regarding any alleged amount of arrears. >From the date of the notice, the payor will have twenty days to challenge the validity of the filed order or contest its enforcement. The notice accompanying the order must advise the payor that, if he or she does not timely contest the validity of the order or challenge its enforcement, the order will be confirmed and enforced. If no action is taken within twenty days from the date the notice was mailed or personally served upon the payor, there can be no future challenges to the order. If the payor wishes to challenge the validity of the order or its enforcement, he or she must request a hearing to vacate the registration within the twenty day objection period.

There are limited defenses to the registration of an out of state order in New York. In order to challenge the registration of the order or its enforcement, the support payor must establish: (1) that the other state did not have personal jurisdiction over the support payor, (2) that the order was fraudulently obtained, (3) that the order is no longer in effect due to vacatur, suspension or modification by a later order, (4) that the other state stayed the order pending appeal, (5) that there is legal defense pursuant to New York Law to the remedy sought, (6) that full or partial payment of the alleged arrears has been made, or (7) that the state of limitations has passed and, as a result, the arrears cannot be enforced.

While uniform in all States, UIFSA is a lengthy and fairly complicated statute. If you have a Support Order that you would like to be enforced, it is always best to first consult with a local attorney.