The Uniform Interstate Family Support Act (UIFSA)
When child support involves parents and children living in multiple states, the Uniform Interstate Family Support Act (UIFSA) is designed to provide a consistent and effective framework. Whenever more than one state is involved in establishing, enforcing or modifying a child support order, the Act is implemented to determine which state’s law is applicable, and the jurisdiction and power of the courts in the different states. For instance, the law ensures that support orders are enforced even when the non-custodial parent does not live in New Jersey.
Some key points about UIFSA include:
Jurisdiction: UIFSA identifies the jurisdiction that can properly establish and modify child support orders. It ensures that only one state has the authority to modify a child support order at any given time.
Registration of Orders: UIFSA allows for the registration of out-of-state child support orders in New Jersey. New Jersey maintains a central registry for incoming interstate child support cases. This registry helps process and track requests for establishment, and enforcement of child support orders.
Enforcement: UIFSA provides mechanisms for enforcing child support orders across state lines. This includes direct interstate enforcement mechanisms, such as requiring out of state employers to withhold wages for child support. UIFSA requires employers to honor income withholding orders issued by other states.
Fairness for the non-custodial parent: UIFSA protects the non-custodial parent by assuring only one current order for support is in effect at any time and establishes rules for what to do when there is more than one order for a particular child.
Uniformity: UIFSA establishes uniform procedures for processing child support cases from other states, countries, and tribes. For consistency and to facilitate enforcement, UIFSA uses federally mandated forms when addressing enforcement across jurisdictions, rather than state-specific forms. (State forms may be used for procedures within the jurisdiction.)
Modification: If an out-of-state Order is properly registered in New Jersey and certain requirements are met, New Jersey may acquire jurisdiction to modify child support orders in certain respects.
International Agreements: New Jersey has agreements with several other countries to facilitate the establishment and enforcement of child support orders.
Issues involving support orders from outside the State of New Jersey can raise complex issues. The attorneys at Maleski, Eisenhut & Zielinski, LLC are available to assist you to carefully review your situation and navigate the appropriate procedures whenever more than one state is involved in establishing, enforcing or modifying a child support order.