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Regulations for Child Support When Moving Out of State

by
author image Melanie Jones
Melanie Jones has been writing professionally since 2010. She is currently completing a master's program to become a physician assistant. She has previously worked as a neurosurgical physician assistant extender. She obtained her bachelor's degree from Louisiana State University.
Regulations for Child Support When Moving Out of State
A father and son move boxes as they clear out of their empty home. Photo Credit Jupiterimages/Stockbyte/Getty Images

Overview

Child support orders are set in one state based on the financial stability and wealthiness of both parents. These child support orders are court-based and must be upheld until the child reaches the age of majority. States have different child support laws but uphold child support orders from other states.

Child Support Order Still in Place

If a parent is moving out of state, the original child support order that was set by another state will still be in place and upheld. Under the Uniform Interstate Family Support Act, UIFSA, every state is required to enforce the child support order of other states, according to Law Info. This ensures that a child does not go without support just because one parent has moved out of the state. The state must enforce the child support order just like the original state.

Wage Garnishment

If a parent is moving out of state, wage garnishment can be requested. With wage garnishment, the employer takes the child support of the paycheck before it is given to the employee. This ensures that the other party receives the child support that has been order. An employer does not have the right to deny wage garnishment, no matter the state, according to Law Info.

Prosecution

If a parent refuses to pay child support that has been ordered in another state, prosecution can be faced in the state where the support order was granted. The district attorney can charge the parent with criminal nonsupport charges. The parent can be extradited back to the state where the support order was given, to face the charges. Criminal nonsupport is a federal and state crime, and the parent can face jail or probation time.

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