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  1. #1
    Join Date
    Oct 2005

    Default Jurisdiction Question- Uniform Interstate Family Support Act

    I live in state A. The mother and child live in state A too. A child support order and/or agreement is approved by the state A courts. Then the mother and child move to state B, but I continue to reside in state A. As long as I continue to reside in state A, does the child support order remain under state A laws?

    I researched the UIFSA and it states that once a support order is established in a specific state, it remains in that state so long as at least one of the parties remains in that state. I believe they call that "continuing exclusive jurisdiction."

    I emailed a family attorney and he stated that the support order is always the "home state" of the child. So whenever the child moves, then the support order is changed to that state, but I disagree with him, after reading the UIFSA.

    Another question that I had was concerning the jurisdiction of visitation and custody rights. Each state has different laws on custody and visitation. I assume that custody and visitation would depend on the "home state" of the child. And that there would be no "continuing exclusive jurisdiction" on that.

    Again, I am not a lawyer, so if someone has had experience with this particular part of the law, any input would be appreciated.

  2. #2
    Join Date
    Mar 2005

    Default Modification of Support

    If you are speaking of modification of support, unless you consent or move to state B, most states will continue to apply state A's child support guidelines in the event that there is a petition to modify after registration of the support order under UIFSA.

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