Enforcement of Out-of-State Child Support Orders

 Posted on December 29, 2015 in Child Support

Enforcing a child support order when you and the supporting parent both live in the same state can be a hassle in and of itself. When the supporting parent moves to another state, the process can become even more confusing. Luckily, thanks to the standardization of child support laws throughout the country, states will typically assist you in enforcing a child support order issued by another state if the supporting parent is found to be located in that other state. Likewise, if you move after having been awarded child support and begin to reside in a new state, that new state will be able to assist you in enforcing your existing child support order.

Assistance with Enforcement May Not Necessarily Mean Assistance with Modification

Please take note: Just because a state will assist in enforcing an out-of-state child support order does not mean that the state will assist you in modifying that order. In many cases, the state that is requested to enforce an existing child support order will lack the jurisdiction over the other party to enter an order modifying the support order. For example, suppose that a supporting parent moves from Missouri, the state in which a child support order was issued against him or her and where the other parent and child reside. Suppose further that the supporting parent relocates to Illinois for a job. While the custodial parent could seek assistance from Illinois agencies in enforcing the Missouri child support order, the supporting parent would likely not be able to ask the Illinois courts to adjust the amount of support he or she needs to pay.

If the Supporting Parent Moves Away from Illinois

If the supporting parent moves away from Illinois, the Illinois Child Support Services (CSS) office can assist you in locating the supporting parent and taking enforcement measures against him or her. In this situation, the Illinois CSS would contact its equivalent agency in the state in which the supporting parent now resides on your behalf and can secure the cooperation of that state in enforcing the Illinois child support order. The agency and/or courts of the other state could take many of the same steps that an Illinois court could take to enforce the order if the supporting parent continued to reside in Illinois (contempt proceedings, license suspensions, etc.).

If the Custodial Parent Moves Away from Illinois

Even if you no longer live in Illinois but the supporting parent does, you can still request the Illinois Child Support Services office to assist you in enforcing your child support order. If the supporting parent eventually moves away from Illinois, either the Illinois CSS or the equivalent agency in your own state can assist you in locating the supporting parent and enforcing your order.

When to Call a Child Support Attorney

If you need assistance in enforcing or modifying an Illinois child support order, look no further than the experienced DuPage County family law attorneys at our law firm. Contact either our Oswego or Wheaton office and schedule a consultation with us today.

  Source: http://www.childsupportillinois.com/