March 22, 2019

What Happens To Child Support If My Ex Moves Out Of State?

Child Support

If your ex is court ordered to pay child support then that order remains in effect until your child(ren) are 18, regardless of what state he/she moves to. A job transfer within the same company should not effect child support payments. Most employers will continue to garnish child support from his or her paycheck without interruption.

If your former spouse moves out of state and has a lapse of employment or accepts a position with a different company, the court ordered amount of child support is still owed to you.

If Contact Information Changed

In the event your former spouse moves out of state and you lose contact with him or her, you can use the Uniform Interstate Family Support Act (UIFSA) to enforce a child support order. Under this law, you have a number of options. You can:

  • Ask a court in your state to force your former spouse to pay.
  • Ask a court in your state to forward the child support order to a court in the state where your former spouse lives, and have that state’s courts and agencies enforce the order.
  • File an enforcement request directly in the state where your former spouse lives.
  • Forward the order to your former spouse’s employer and ask the employer to withhold the support amounts from your former spouse’s paycheck.

In 1998 Congress passed the Deadbeat Parents Punishment Act of 1998. This law makes it a felony to willfully refuse to pay out-of-state child support.

What Happens When My Former Spouse Falls Behind on Child Support Payments Due to the Move?

When a person does not make child support payments on time, the person is considered “in arrears” on payments. Judges have become very strict about enforcing child support orders and collecting arrearages. While the person in arrears can ask a judge to reduce the amount of future payments, it will not effect the past-due balance.

  • Intercepting the debtor’s taxes.
  • Placing a lien on their property.
  • Suspending or restricting professional or recreational licenses.
  • Denying the debtor a U.S. passport.

GCW Supports You

The Wisconsin family lawyers at Gingras, Thomsen & Wachs, LLP understand that the cost of raising a child(ren) doesn’t stop if your ex moves out of state. Our goal is to help families exercise their legal rights and make sure that their children are cared for during this time of transition. Contact us today for a free consultation to discuss your options going forward.

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