Enforcing a Child Support Order Out of State
One easy way to enforce your child support order when the other parent is out of state is to have the courts send a garnishment order directly to the other parent’s employer. Under federal law, all employers must honor child support garnishment orders from other states. An employer can’t refuse to garnish an employee’s wages for child support just because the garnishment order comes from another state.
If you don’t know where the other parent works, there is still hope for enforcing your child support order. Every state has passed some version of the Uniform Interstate Family Support Act (“UIFSA”), which is a law that is designed specifically to enforce child support orders from one state against a parent who lives in another state. By using UIFSA, which usually requires hiring an attorney or contracting with your local child support office, you can ask the courts, the child support agencies, and/or a private attorney in the state where the other parent is living to enforce your child support order. The courts in that state must enforce your child support order just as if it was a child support order issued in that state.
Many states also have criminal laws that govern child support orders. If a parent fails to pay child support as ordered, your local prosecutor’s or district attorney’s office can file criminal nonsupport charges against the parent, even if he or she lives in another state. Your state can extradite, or bring the parent back to your state from another state, because he or she is charged with a crime. State felony nonsupport charges can result in various sanctions, including incarceration, home detention, and probation.
Failing to pay child support is also a federal crime, so you can ask the federal prosecutor or district attorney for your jurisdiction to bring charges against the other parent. Like state criminal laws concerning non-payment of child support, the other parent can be incarcerated or placed on probation for failing to pay child support as ordered.
Additional Family Law Articles
- Saying I Do: With a Prenuptial Agreement
- The Difference Between Marriage and Civil Unions
- Common Law Marriage
- The Legal Aspects of Getting Separated
- What to Bring to Your Divorce Consultation
- How to Go Through a Divorce
- How to Avoid Having Your Prenuptial Agreement Declared Invalid
- Divorce and Division of Assets
- Distribution of Property Upon Divorce
- When and How do Courts Order Spousal Support?
- Collaborative Law...Is it Right for You?
- How to Change Your Name
- How to Establish Paternity
- Termination of Parental Rights
- Custody Evaluations
- What Factors Does the Judge Consider When He or She Makes a Decision About Child Custody?
- An Explanation of Reasonable Visitation
- Do I Need a Lawyer to Establish or Enforce a Child Support Order?
- What can I do if my ex won't let me see our child?
- Intercepting Tax Refunds When a Parent Fails to Pay Child Support
- Prenuptial Agreements: Potential Benefits for Couples Who Stay Married
- Badmouthing the Other Parent
- Will my sexual orientation prevent me from adopting a child?
- How to Establish Legal Paternity
- The Details of Proposition 8
- The Legal Future of Proposition 8
- What Happens When the Wedding is Called Off
- What is the Difference Between a Same-Sex Marriage, a Domestic Partnership, and a Civil Union?
- Can Parental Rights be Terminated When a Parent is Incarcerated?
- Do You Need An Attorney... or Can You Represent Yourself?
- How do I decide if I need a lawyer in a custody case?
- What is a Guardian Ad Litem?
- Infidelity and Divorce
- How to Avoid an Ugly Divorce
- Do I Need the Other Parent's Permission to Move Out-of-State With Our Child?
- The Best Interests of the Child Standard and Grandparent Visitation
- Enforcing a Child Support Order
- Calculating Child Support
- What to Look For in a Divorce Attorney
- Do I Have to Pay Child Support if I Don't Get to See My Children?
- How to Modify a Child Support Order
- Domestic Violence Law
- What is Due Process? ... Basic Rights and Fundamental Fairness
Family Law Sub-categories
Domestic Violence - Family
Emancipation of Minors