Moving the court case after the kids move out of state

We live in a mobile society, and kids move with their parents. When parents are divorced or unmarried, then custody and support orders are affected. Courts need to be able to respond to these moves, and their actions are guided by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Uniform Interstate Family Support Act (UIFSA).

Moving and Child Support

Child support orders are entered when parents divorce, or when unmarried parents separate. The court that enters the initial support order is called the issuing tribunal, and the state in which that court is located is called the issuing state.

Even if one or both of the parents moves from the issuing state, that original court will continue to control the amount of the child support, and the enforcement of the support order.

Moving and Enforcement of Support

When the paying parent moves away from the issuing state, the case can be registered in the new state for enforcement purposes. This is done all the time by various state child support enforcement and collection agencies.

Although the courts in the new state can issue orders to force or encourage payments of support, they cannot modify the child support.

Moving and Modification of Support

Generally, both parents must move before the case is moved to another state.


By Steve Harton