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.
Common child support issues are:
For a foreign court to enforce your child support order, you will face the obstacle of establishing personal jurisdiction. The most common method in obtaining jurisdiction is through the "long-arm" statute. A state may assert jurisdiction in eight different ways:
The Uniform Interstate Family Support Act permits a State to assert personal jurisdiction for the purposes of implementing child support obligations. The Uniform Interstate Family Support Act prohibits multiple support orders. Only one state order can be effective at any given time. The party must establish personal jurisdiction or demonstrate that one of the above long-arm factors are met.
If multiple child support orders exist, the child’s home state is given the priority for a tribunal. If 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.
Uniform Interstate Family Support Act permits the registration of a support order in a foreign state. Once personal jurisdiction is established, the foreign state may enforce the registered order. When a parent registers an order in a foreign state, that state may enforce the order but is not allowed to modify the order. If a state acquires jurisdiction to modify a child support order, the order cannot be modified in a manner that is conflicting with the laws of the original issuing state.
Below is an example to illustrate how the Uniform Interstate Family Support Act works:
The mother and father lives 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?
The Uniform Interstate Family Support Act statute provides avenues for collecting on 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.
If you are facing any issues regarding modification, enforcement, or collection, O’Flaherty Law will work towards your best interest. Schedule your free consultation today.
Contact Illinois Child Support Attorney Kevin O'Flaherty
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