UIFSA – What is It and How Does It Work?
The Uniform Interstate Family Support Act is similar to the UCCJEA that we discussed last week. This act was also drafted by the National Conference of Commissioners on Uniform State Laws in order to create uniformity between states in enforcement and modification of child support orders. Specifically the act limits the jurisdiction that can properly enforce and modify child support orders. Unlike UCCJEA, all fifty states have adopted this act.
An important note when it comes to UIFSA that the jurisdiction continues in the state that issued the original order. But if both parties have moved out of that state then jurisdiction lies in the state where the party lives who is NOT requesting enforcement or modification. For example, if the parent requesting a modification of child support lives in Arizona but the other parent lives in California, then they will have to domesticate or register their child support order and file in California.
Again, as with the UCCJEA, you cannot just register or domesticate your child support order as any other foreign judgment but you must comply with the specialized procedures required under UIFSA. Because this can be a confusing and complex process, it is important to fully understand the law and the requirements involved to ensure proper registration of the order and being able to follow through with the modification or enforcement sought. Consulting with an attorney can help you better understand these issues and could play a crucial part in being able to proceed with your case.
If you find yourself or a loved one facing an issue regarding enforcement or modification of an out of state or international child support order, please call OWENS & PERKINS at480.630.2464 to schedule your free 30 minute consultation.