In this article...
In this article we explain interstate child support jurisdiction and how to determine which state has jurisdiction to initiate a child support case or modify or enforce an existing child support order. Understanding child support is a complex issue, especially when multiple jurisdiction issues arise. Illinois abides by the Uniform Interstate Family Support Act. This act sets the rules in determining whether a specific state court has standing to hear or adjudicate on an order that was rendered in another state.
In this article, we explain interstate child support jurisdiction and how to determine which state has jurisdiction to initiate a child support case or to modify or enforce an existing child support order. For an overview of Illinois child support law, check out our article: Illinois Child Support 2019.
Understanding child support is a complex issue, especially when multiple jurisdiction issues arise. Illinois abides by the Uniform Interstate Family Support Act. This act sets the rules in determining whether a specific state court has the standing to hear or adjudicate on an order that was rendered in another state.
A threshold issue when determining jurisdiction is whether you are seeking to:
1. initiate a new child support case in the absence of a pre-existing order;
2. Enforce an existing child support order in a different state; or
3. Modify an existing child support order in a different state.
Personal Jurisdiction in Child Support Cases Explained
In order to initiate, modify, or enforce a child support obligation, the state court in which the action is filed must have personal jurisdiction over the respondent. Personal jurisdiction is the power of a court to bind a party by its judgments. Typically, in order for a court to have personal jurisdiction over a person, the person must reside in the state or have had some previous or ongoing contact with the state as defined by the state's Long Arm Statute.
According to Illinois' Long Arm Statute, Illinois may assert jurisdiction in child support cases over a party that does not reside in Illinois in eight different ways:
- The individual is personally served within the state;
- The individual submits to the jurisdiction of the state by consent;
- The individual resided with the child in the state;
- The individual resided in the state and provided prenatal expenses or support for the child;
- The child resides in the state because of the act or directives of the individual;
- The individual engaged in sexual intercourse in the state wherein such act has the possibility of conceiving the child.
- The individual asserted and maintained parentage in the state by the appropriate agency.
- Any other basis consistent with the constitutions of the State and the United States for the exercise of personal jurisdiction.
Which State Has Jurisdiction to Initiate a Child Support Case?
A petitioner for child support can initiate a child support case in any state in which the petitioner can establish personal jurisdiction over the respondent as described above. In practical terms, this means a child support case can be initiated in any state in which:
- The respondent resides;
- Or the respondent formerly resided with the child.
Which State Has Jurisdiction to Modify an Existing Child Support Order?
The Uniform Interstate Family Support Act prohibits multiple support orders. Only one state order can be effective at any given time. The state in which the child support order was initially issued will have continuing exclusive jurisdiction to modify the child support obligation unless both parties agree otherwise or both parties move out of the state. So long as one parent remains in the state in which the original child support order was entered, the case cannot be moved to a different state for the purpose of modification without that parent's consent.
If both parents move out of the state in which the original child support was entered, then the case may be transferred for the purpose of future modification of the order to any state that has personal jurisdiction over both parents. If the parents live in different states, this often means that the party seeking to modify the order will consent that the other party's home state has personal jurisdiction over them.
If multiple child support orders exist at the same time, the cases will be merged into one. The child's home state is given priority. Suppose there is no home state, the first state of filing controls. In other words, the original issuing state will control as long as one parent or child continues to live in that state.
Enforcing a Child Support Order in a Different State
There is an essential distinction between jurisdiction to initiate or modify a child support obligation on the one hand and jurisdiction to enforce a child support order existing in another state. The Uniform Interstate Family Support Act permits the registration of a support order in a foreign state that has personal jurisdiction over the obligee. When a parent registers an order in a foreign state, that state may enforce the order but is not allowed to modify the order.
Below is an example to illustrate how the Uniform Interstate Family Support Act works:
The mother and father live in Wisconsin. The mother moves to Illinois with the child and wants to enforce a child support order that came out of Wisconsin. The mother has registered the order in Illinois and wants it enforced.
Questions / Answers
Can the mother seek enforcement in Illinois?
- She can enforce the order so long as one of the eight long-arm factors is met.
Can the mother modify child support on the Wisconsin Court Order in Illinois?
- No, if Mother can establish personal jurisdiction, it does not mean that Illinois has exclusive jurisdiction. The modification may be made in Illinois only if the father consents. Illinois will look at the laws of Wisconsin to ensure that a conflict of laws will not arise.
Can Mother modify child support if Dad moves to Illinois?
- Yes, Mother would have to establish that personal and subject matter jurisdiction was met. Wisconsin no longer has exclusive jurisdiction because the father has moved. However, Illinois will look at the laws of Wisconsin to ensure that a conflict of laws will not arise.
If Father moves to Maine, can the mother seek a modification in Illinois?
- No, if there is no state with continuing exclusive jurisdiction, the mother may not seek a modification in the state the petitioning party lives in.
The Uniform Interstate Family Support Act statute provides avenues for collecting unpaid child support. The non-custodial parent may choose to exercise the option of collecting unpaid child support with the help of local authorities where the non-custodial parent resides, such as wage garnishment or execution of an arrest warrant.
How to Transfer a Child Support Case to a Different State
To learn more about how to register a child support order in a different state for the purposes of enforcement or transfer a child support case to another state for the purpose of modifying the terms of the child support order, with specifics as to Illinois procedure, check out our article: How to Transfer a Child Support Case to a Different State.
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