When parents are no longer together, they create a new family dynamic. Often, children reside primarily with one parent and have regular visitation with the other. The parent where the children reside most or all of the time is the primary custodial parent. The non-custodial parent usually pays child support. The process can be more complex when parents live in different states. State and federal laws are in place to govern the child support process between states.
Understanding Jurisdiction
Jurisdiction is an important part of child support programs. Before you can proceed, you will need to determine which jurisdiction has control of child support. Generally, the state where the children live or resided at the time of the divorce has jurisdiction. The court with jurisdiction will typically handle issues including child support. However, there may be some circumstances where you may request a change in jurisdiction. An experienced attorney will help you understand jurisdiction in your particular case.
Uniform Interstate Family Support Act
The Uniform Interstate Family Support Act (UIFSA) is federal legislation that provides for how child support is handled in interstate cases. The law ensures that states work together to enforce child support orders between different states. Every state has laws in place to support the UIFSA. Wisconsin Code, Chapter 769, Uniform Interstate Family Support Act, establishes jurisdiction and provides guidelines to enforce child support orders and modifications.
Attending Hearings
One concern that parents may have is how to attend child support hearings when they live out of state. Both parents attend hearings associated with child support orders and modifications. In some cases, the court may allow parties to attend hearings remotely. This can be helpful for the parent who resides out of town. However, both parents still have input. Your attorney may represent you in court if you are unable to attend in person, or remotely if allowed.
Wisconsin Child Support Program
The Wisconsin Child Support Program is a governmental program that oversees and manages child support payments. Child support payments, including those made through a court order, are paid and distributed through the program. The Wisconsin Department of Children and Families (DCF) works with other states when necessary to collect child support when a parent resides out of state. They work with other states to make sure they comply with support orders. It is important to note that moving out of state does not stop the obligation to pay child support. Court orders remain in place until and unless modifications are made or until the order ends. A parent who pays child support is required to inform DCF of any changes in employment, including out-of-state, so employers may withhold child support.
When a parent lives out of state, it can make child support and custody issues more complex. However, there are laws in place to ensure that a parent continues to provide support, even if they live elsewhere. A knowledgeable family law attorney will help with divorce and child support matters. Contact our lawyers at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to request a consultation.