Interstate Child Support Jurisdiction cases and Interstate Child Support Modification cases are generally governed by UIFSA (Uniform Interstate Family Support Act), the federal child support statute. The act has been adopted by nearly every state, including New York. This statute requires all states to enact their own state laws which substantially conform to the rules of the UIFSA.
In order to determine if New York or another has UIFSA Interstate Child Support Jurisdiction to make child support decisions in a particular case, UIFSA declares that once a state makes a support order it has “continuing, exclusive jurisdiction” as long as an important party continues to reside in the state. Family Court Act § 580–205(a)(1). Jurisdiction may be transferred to another state if all parties consent or when the order is validly modified by another state. Family Court Act §§ 580–205(a), (b) & (c).
When two or more orders are made by different states (e.g. New York and California), UIFSA allows a party to seek a determination of the “controlling order”. Family Court Act § 580–207. In sorting out competing orders, the statute sets up a list of priorities. First, a court must look to the order from the state that has continuing exclusive jurisdiction. Family Court Act § 580–207(b)(1).
If more than one state would have continuing exclusive jurisdiction (e.g. New York and California), the order issued by the child’s current home state controls (e.g. New York is the home state and New York has UIFSA Interstate Child Support Jurisdiction). If an order has not been issued in the current home state of the child, the most recently issued order controls and must be so recognized. Family Court Act § 580–207(b)(2).
Once the originating state (the state that makes the initial child support order) has entered a child support order, that state’s courts will have “continuing exclusive jurisdiction” (UIFSA Interstate Child Support Modification Jurisdiction), which means that no other state courts will have subject matter jurisdiction and cannot make any child support order or modify any child support order until one of the following occurs:
Orders from out of state can be registered in New York to be enforced. Once an order is registered in New York this state should recognize and enforce it but not modify it unless the issuing state no longer has jurisdiction. Then the requirements under the law for New York to exercise jurisdiction still need to be met to modify the order (UCCJEA Interstate Modification Jurisdiction New York).
Even when New York can modify a prior child support order (UCCJEA Interstate Modification Jurisdiction New York), the new forum is restricted from modifying any term that could not be modified in the original jurisdiction, such as the duration of the support obligation. So, once an obligor satisfies the original support order, another state may not impose a further obligation. A state that generally requires child support until a child is older than required in the original issuing state cannot issue a supplemental support order after the child reaches the support-termination age of the first-issuing state. Likewise, a state with an earlier child support cutoff date cannot refuse to enforce a longer-lasting support order.
When dealing with support orders from foreign countries, the Act distinguishes among them based on whether they have similar child support enforcement mechanisms. If the foreign country (1) is declared to be a reciprocating country, (2) has arranged a UIFSA permits the issuance of an income-withholding order* without first filing in the local jurisdiction reciprocal agreement with your state, (3) enacted laws substantially similar to UIFSA, or (4) is a signatory to the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (concluded at The Hague, Nov. 23, 2007), then the support orders will be recognized and enforced under the Act.
If you are involved in an Interstate Child Support Case and you are in New York or California, whether you need an initial child support order, consult with Attorney Elena, a New York Lawyer experienced on UIFSA Interstate Child Support Jurisdiction and UIFSA Interstate Child Support Modification. Interstate Child Support Jurisdiction is time-sensitive and potentially very complex. Attorney Elena can help you determine if New York or which state has jurisdiction and potentially avoid fighting a child support battle in another state.
