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How does relocation to a new state affect child support?

On Behalf of | Oct 24, 2022 | Family Law

When a parent in Florida relocates to a new state, they might worry about how child support will continue. They might be confused as to which state will then have jurisdiction over child support decisions. Understanding how child support orders work and the laws regarding interstate child support can help the parent make the correct decisions.

Jurisdiction over child support orders

The first thing parents must understand when one or both are relocating out of state is which state has jurisdiction. According to the rules, the state where the order was originally issued will continue to have jurisdiction while both parents still live there. If the parent who moves is the parent who needs to pay child support, they can seek to transfer the child support case to their new state. However, according to the Uniform Interstate Family Support Act, or UIFSA, the original state can send a withholding notice regarding child support. This notice will state the specifics of the support order, including:

  • How long child support will be paid
  • How much support will be paid
  • How often support will be paid
  • How much support is in arrears
  • The specifics of health care insurance payments for the child
  • Any other information specific to the child support case

Seeking a modification to an order

If a modification to a child support order is sought, the state where that original order was issued will have jurisdiction to make the change. However, if both parents moved to a new state, the jurisdiction falls to that state to modify the order. If the parents both moved to different states, the parent seeking the modification must file for it in their state.

Moving from one state to another should not interfere with child support payments. The parent who is required to pay should continue to do so until a modification is legally made.