After parents separate, they may choose to reside in different states. However, this move does not remove their need and legal obligation to take care of the financial needs for their child. Even if the parents live far apart, there are laws that make sure the child still gets financial support – “child support” – for expenses such as food, clothes, and school.
How Child Support Works Across State Lines
Although the legal claim of child support is reserved to individual states – meaning different states have different laws that calculate child support obligations – every state within the United States has adopted one of the forms of the Uniform Interstate Family Support Act, or UIFSA (say it like: You-If-Suh). This law helps every state in the United States work together so parents have guidance on how child support is calculated, how it is paid, and how it is enforced regardless of the state in which they live. Simply put: If one state makes a child support order, other states have to follow and enforce the terms of the child support order. That means if a judge in North Carolina says a parent has to pay $300 a month, a parent who moves to California still has to pay that amount in child support.
Who Gets to Make the Rules?
Before a court can make a child support order, it needs the right to do so – referred to as “Jurisdiction.” The state where the child has lived for the previous 6 months prior to the child support lawsuit is usually the state that gets to calculate the child support amount That state’s court establishes initial jurisdiction and will maintain jurisdiction until a unique circumstance arises to transfer jurisdiction. Generally this means that only the court that made the original order can change it later—unless both parents and the child move out of that state.
How Can a State Make a Parent Follow the Rules?
Even if the parent paying child support lives in another state, the court can still enforce the child support obligation. This can happen when a contempt claim is filed with the court local to the paying parent, when a contempt claim is filed in a child support court, or when other enforcement mechanisms are established by the state of original jurisdiction. The state that made the order can tell the other state where the parent lives to help collect the money. One way they do this is by taking money out of the parent’s paycheck. This is called wage garnishment. Sometimes, the court in the other state will treat the child support order like it is their own via a process of domesticating the order, and the other state will help make sure the child support amount gets paid. If a parent still does not pay, the courts of either state can take other steps such as enforcement through incarceration, rerouted a tax refund, or suspending a passport or professional license.
Why This Matters
Just because a parent lives in another state does not mean they can stop paying child support. The law makes sure all children get the care and financial support they need, no matter where their parents live.
If you or somebody you know wants to learn more about interstate child support matters, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Jordan Wideman is a compassionate family law attorney at Modern Legal, driven by a lifelong passion for helping others. Coming from a family rooted in public service, Jordan brings empathy, strength, and dedication to every client. A proud first-generation attorney, Jordan uses personal experience and deep community ties to guide families through their most important challenges—because to Jordan, family is defined by love, not just blood.
