What if my ex-spouse moves out of state?
Interstate Situations
Q. What if the non-residential parent cannot be found locally?
A. Our office will use multiple resources to attempt to locate the non-custodial parent. When the non-custodial parent’s social security number is known, the CSEA is able to use the State and Federal Parent Locator Service, the National Directory of New Hires, the Financial Institution Data Match, and the Federal Case Registry to assist in locating the non-residential parent. The CSEA can also request a child support agency in another state to search for the non-custodial parent. With the increase in automated location tools, it is becoming more difficult for non-paying parents to hide from their child support obligations and the agencies that enforce them.
Q. I’ve heard there is a law called UIFSA. What does this law do?
A. UIFSA (Uniform Interstate Family Support Act) is a law regulating the establishment and enforcement of child support orders where the parents live in different states or where the support order is in a state other than where either of the parents live.
Q. I now live in Ohio but my case started in Michigan. Do I have to open a new case in Ohio?
A. No. If you choose, you may simply continue to work with the child support authorities in Michigan.
Q. I know where my ex-spouse works in another state. How can I get an income withholding?
A. Our Child Support Lawyers can explain the two ways this can be done. They may choose to simply send a withholding order directly to an employer anywhere in the country. If needed, they may also choose to register your support order for enforcement, only in the state where he works.
Q. I was divorced in Ohio but then moved to Tennessee. My ex-spouse moved to Florida and another order was established. Can I enforce both orders?
A. The UIFSA law requires the determining of one “Controlling Order.” See the Determining a Controlling Order part of the Interstate section for a description of the rules for choosing this order. Once that order is determined, it is the only order that can be enforced or modified.
Q. I live in Ohio, but my ex-spouse lives in Nebraska. Can my California support order be modified?
A. Yes. Please call our office to help you. We can register your California support order in Nebraska, which is where the modification will occur. Your order can also be enforced there.
Q. My ex-spouse lives in Oregon and is self employed. What can I do to obtain support?
A. Our attorneys can register your support order in Oregon for enforcement. The child support agency in Oregon will then be able to use all the enforcement tools available under its state law to collect your support.
Q. The CSEA here in Ohio has been trying to enforce my child support order for years but every time the agency locates the non-residential parent and are able to obtain an order for an income withholding, the non-residential parent moves to another state. Is there anything else I can do?
A. Your case may qualify for federal prosecution under the Child Support Recovery Act of 1992 or other federal law. You should discuss this possibility with your our attorneys.
Q. My ex-spouse paid support regularly until last month and then he moved to Europe. Is there anything I can do to get my order enforced?
A. Ohio has reciprocal agreements with several European countries, most Canadian provinces and certain other foreign countries. Some countries may also be able to assist you with enforcement, even though no formal reciprocal arrangements exist. Our Painesville Child Support attorneys can tell you what kind of help may be possible in your individual case. For a list of international child support addresses and phone contacts, please click on International Contact Information.
For more information contact our Painesville Law Firm at 440-639-1020