Modification of Child Support

In the past each state had it own rules/regulations with respect to child support.  In order to get a uniform system nationwide an interstate compact was created called the "Uniform Interstate Family Support Act" (UIFSA).  This Act now allows states to work together to collect court-ordered child support.

As to modifications of support orders, if an existing support amount needs to be changed, the state that issued the order will not always be able to change it.  Under UIFSA, several factors help to decide which state may change the order, for example, which state(s) have already issued support orders; where do the parties and their children currently live; which existing order is the “controlling order”.

If either of the parties or any of their children still live in the state that issued the controlling order, only that state’s courts may change the support amount.  If no one still lives in the state that issued the controlling order, that state cannot modify the support order.  UIFSA allows both parties to agree in writing that a state where one of them lives may take control of the case and change the support amount. 

To proceed that way, whoever agrees to take the initiative and become the moving party must first register the current controlling order for modification in the state where the nonmoving party lives. This can become complicated if two or more states have issued orders and no party or child currently lives in any of those states.  In those circumstances, none of the previous orders can qualify as the “controlling order.” Then the moving party must register all of the previous orders in the state where the nonmoving party lives. That state’s court will review all of the orders, determine whether either party owes past-due support, and issue a single new support order.

Once a state changes another state’s order, it must begin collecting the current support.  Other states that previously issued orders may not continue to charge current support, but they may collect past-due support and enforce other provisions in their previous orders.