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Because alimony and child support obligations are the result of state court orders and the orders are most often enforced by state and county agencies, enforcing such orders across state lines has been a long-standing problem. The bureaucratic red-tape involved in enforcing a California child support order, for example, after the child and his mother move to Mississippi was often nearly fatal to attempts to collect the money owed.
To deal with this issue, the National Conference of Commissioners on Uniform State Laws created the Uniform Reciprocal Enforcement of Support Act (URESA) in 1950. This Act was designed to improve upon the Uniform Desertion and Non-Support Act of 1910 by allowing criminal and civil enforcement of support orders across state lines.
The idea was to enable parties to initiate legal action in their home state and the responding state would decide if the obligor (the person owing the money) actually had a duty to provide support. If so, the responding state would extradite the obligor back to the initiating state.
The problem with URESA, however, was that the responding state had only the evidence presented by the obligor himself. That is, when the ex-wife or mother initiated proceedings, she was not a party to the court hearings that took place in the responding state. As a result, the responding state often found in favor of the obligor, thus nullifying the intention of URESA.
In 1958, the Commission amended URESA and the Act became the Revised Uniform Reciprocal Enforcement of Support Act (RURESA). This Act improved upon URESA by allowing claimants to take support orders that were issued in one state and register them in other states so that if a husband or father fled to another jurisdiction, the order was still enforceable. In addition, the claimant had the opportunity to present her case to the responding court so that the court had both sides of the story before issuing a ruling.
This created a new problem, however, since each state has the ability to modify and enforce the order within the constraints of their own laws. And because the states differ in guidelines governing support issues, it became possible to have multiple orders in various states, each separate and enforceable on their own.
In 1992, the Commission drafted the Uniform Interstate Family Support Act (UIFSA) which enhanced RURESA by requiring responding states to honor the initiating state’s continuing exclusive jurisdiction (CEJ), thereby prohibiting the responding states from modifying the original support order unless they can establish CEJ over the originating state. This Act was modified in 1996 and again in 2001.
UIFSA also provides a number of enforcement tactics including the ability for the custodial parent to require the obligated parent’s employer to withhold pay if necessary to satisfy the support order.
In 1996, the U.S. Congress passed the Personal Responsibility and Work Opportunity Act, requiring all states to adopt UIFSA by 1998 or lose federal funding for child support enforcement.
You may also be interested in this book about rights regarding child support, custody and visitation.
When paternity is established and the husband is found not to be the father can he register a NY court order to VA to modify an arrears? I also do not live in NY currently in PA.
First, a man may be responsible for child support even if he is not the biological father. You should check you local laws to find out what criteria must be met in order to be responsible for child support.
Generally, a motion to modify support is brought in the state and county in which the support order was originally entered.
A man that is not the bilogical father, not the adoptive father, and not the legal father found that he has to pay child support because during the time they were married she wanted children and without his written consent (as required by law) had IVF, and fraudently put his name on the birth certificate (against public policy), she signed it claiming he was the father and when it came to have the divorce she managed to get child support anyway. Her reasoning was that she couldn’t afford to raise her child on her own, she testified that he was not the father and didn’t adopt the child and he never had a relationship with the child; she sought the court appoint a GAL to investigate the matters pertaining to the child, the GAL found that it would be detrimental to for the court to allow any visitation from the husband to the child. Only catch with this is that he never sought any visitation with the child, didn’t want a relationship with the child.
The court awarded her child support based on a salary higher than he ever earned before.
He appealed. Five years later the appeal still has not been argued and there are a lack of attorneys willing to step up and fight his battle.
I am sick of it. I pay child support yet the mother in NYC puts false retraining orders, has me arrested gave me a criminal record, and now I cant find a job because I am a criminal on paper??? OMG give me a f@cking break, take my son, take, my ability to earn a living, then threaten me with jail because I cant pay f@ck you judge Hofffman in NYC the family court of NYC is a Gulog
OH and its all because I keep trying to be a part of my kids life F off women with agendas , pay your own way . IT does not cost 1500 a month to feed and cloth a kid…OH sorry you want your RENT paid and car payment after you deny visitation in a crowded court F u judge Hoffman in nyc
Child support and alimony should not be considered in any way the same alimony is an insult to both men and today’s women who claim to be equal.
I have a very old case from 1989, which believe it or not I am being
screwed over by California on. I reside in Florida. I am still paying on this today.
My question is if support was modified by florida in 1990 to 50 dollars a week instead of 775.00 per month and in 1992 the Uresa law was ammended to stop modification by states, the Florida order should stand, correct!
California is also stating that I still owe 93,000 dollars.
I have a court order from florida saying my past support and arrears are paid in full but california still refuses to adhere. Any time I contact them theyntreat me like I am a criminal. I would love to sue them for these years of frustration and heartache but I do not have the funds. I have also not received a tax return in 20 years because of Ca blocks. There is so much more to this it is unbleivable!
guskurz@yahoo.com
California would have had the authority to modify a support order if California had jurisdiction at the time it ordered the modification.
Gus,
Us law abiding, professional women dont have it any better. I am not in a fincial position to sink another 10G into this mess, and from what I am reading on the DOR website, and what I was told today from them, unless I am getting food stamp, state health insurance (we have none, and Ive been an RN for 15 years-NOT getting rich off of that!) I was advised to hire my own atty and also a P.I. to follow him around to prove unclaimed income-he works under the table naturally. Are you kidding me?!?! I have to pick WHICH utility to pay each month! I have a legal child support order in place but cant get any agency to help me inforce it.
So, they are essentially telling me to quit my job, collect welfare, food stamps, fuel asst, state healthcare etc… then, and ONLY then, they will lend a hand in obtaining me the pathetic amount he has been ordered to pay. Might as well have a few more kids to burden the state of MA while Im at it! … All the while KNOWING that MY tax money is being used to track down other dead beat fathers.
KILLS ME EVERY DAY I GO TO WORK.
Tracy,
I’m in the same spot. I’m a professional single mom and barely get by. My daughter’s father moved to Nevada in 2003 and has accumulated $51,000+ in back support. I’m using Alaska’s Child Enforcement Agency but they are very slow, seldom communicate and aren’t very interested in collecting. I’m looking at contacting the Nevada’s Attorney General Child Support Agency but haven’t heard good things about them. In Alaska, owing that much back support is a misdemeanor but in Nevada it’s a class C felony. I’m just not sure how to get some action and enforcement? How do you get enforcement in another state? If the guy just won’t pay, what are the repercussions? My child deserves better than this.
Don’t give up. Keep going. I’ve been custody/support disputes with this guy for almost 12 years (since I was 6 months pregnant). I’m not giving up now. Stay tough Tracy.
You are funny, seems you just want to live off of someone else! You are what is wrong with this world! Get your OWN job!
joe,
YOU sir are a jack-ass! you laid down with a woman and are bitter that something wonderful came from it and now YOU don’t want to take responsibility for a choice that YOU made! This has NOTHING to do with the woman not obtaining employment in many cases. You need to grow up and BE A MAN!
I read you child support fraud, and we’re in the same boat, but his started in “1986”, his girlfriend had a kid when they first got together in “1980”, she had an abortion in “1986” then took the kid and all the money, (coke whooo…) and split from Virginia back to their hometown, Maryland. He took the rape for their “bust”, demanding she not do drugs anymore because he was looking at serious time, so she “Partied” with their “X-buddies”. Eight months after she split, keeping “his” 5 year old son, (the only thing he lived for), completely away from him, not even letting him speak on the phone, he received, in the mail, child support papers, that state, $50.00 a month, she moved into parents’ home, for his son which she testified in court order, paternity was not proven, plus she was 6 months pregnant, claiming he was also the father of her UNBORN, UNPROVEN PATERNITY PREGNANCY. We met after she left him, he was lost, lonely & broken hearted being completely cut off from a child he worked and cared for, for over five years, “his” son. This selfish, lazy, crackwhoo, did not let him have any contact what so ever with his children. The first time he saw his son again was in “2008”, and the other child, a girl was sent to us after his son was 18, she was 16 yrs. old, just like her mother, “taking all she could get her hands on”. She did not like having “rules”, and demanded I bring her to the bus station. I did not allow her to “Go Out” with 2 guys she met at the 7-11, wanting to leave our house after 8 pm. She called her mother, who said it was no problem; the guy drives a —— nice car (I forgot the make). He put her on a bus back home within 4 days. This vicious bitch, who never worked, living on welfare, & $250.00 a month child support (what Virginia thought she should have, not the $50.00 a month the Maryland court order was for!), getting a free college education, that took her over ten (10) years to get. She worked as a substitute at the college, and within a couple months, sued the College for injuring her back in a “slip/fall” she had on the campus. Dumb bitch injured her back a couple weeks earlier at her house, charging the college for her hospital expenses!!!
My “OL’ MAN”, is 52, I’m going to be 50, and we’ve been together for over 26 years, never married. We’ve worked hard and long, being floor installing subcontractors, working days, nights, weekends, special occasions, and holidays. The court order in “1986” ordered the company he worked for to deduct the money weekly from his pay. Ten years later, he gets a judgment for $50,000.00 of Arrears. Paying the Maryland Court Order total for both kids till both were 18, would be $8,750.00 approx. and Maryland does NOT CHARGE INTEREST. We have paid over $43, 156.41, and he still owes over $50,000.00. Needless to say, the Va. Child Support Thieves still have him living with the treat of prison, knowing he can’t continue, until infinity, paying $250.00 per month.
They stole our lives, and our ability to give the children a better life because they took our ability to have prosperous business, not being able to finance a descent size contract, materials, a reliable work vehicle, or business expenses, ruining his credit with the fifty thousand dollar judgment, paying off nothing with the monthly payments because Virginia has charged anywhere from 3% to 248% interest per month. Not giving him a penny credit for 10 years. They have NO DOCUMENTS to prove yearly account summary before “1996”. The “B.S.” court order(s) that Virginia has enforced were never signed by anybody, being blank!!! He’s lived his adult life in constant fear of going to jail, not make any kind of decent money, bad credit keeps you hand to mouth.
I am continuing to fight, but they are corrupt and above the law. I hate the discrimination and will continue to fight for his rights. The state owes him his overpayments of over $33,000.00, not to mention losing his “our” lives, working as hard as he has, being a reliable, responsible, hard working family man.
I will keep your info. hoping we find some help. Call if you would like (757)427-0075.
Rita
California is so screwed up, anyway , my files were misplaced and to so many different social workes its hard to count them all , They are so fast at taking everything from us , but move like snails to give them back when all is done and finished, saying well we need to investigate this and that , Such bullshit.. I agree with you and that I too would like to sue them for all the headaches and feeling like am a criminal also ..
My ex-husband and I divorced in NJ and our child support order is in the State of NJ. I now live in Arizona and he lives in Texas. I was just served with papers (Notice of Registration of child support determination)…in other words, he is trying to “register” our 1994 divorce decree in the State of TX because in TX, you do not have to pay support when the child turns 18, however in NJ, you must continue while the child is in school up to the age of 23. So I guess he figures if he can get the divorce decree registered there, he can get the support modified in his favor. Can he do this? I am not sure if I understand the Uniform Interstate Family Support Act and if it works in my favor. Any advice?
My ex husband currently owes over 3K in back child support. He resided in MS, but recently moved to AL without informing me of his whereabouts. He has not seen our daughter in over 2 months as he is making every effort to avoid child support. Our divorce decree states that both of us have to inform the other of any address change. Therefore, he is in contempt. I have a case file with MS DHS, have notified them of his location and employment in AL, and have not received a payment in a month. DHS is not helping at all. To make matters worse, he is currently facing deportation proceedings with immigration for a DUI he received a year ago. His driver’s license is suspended as well. Lately, he is texting me (through a tracphone I cannot trace) threatening to take full advantage of his parental rights (which she would be with him for 2 weeks) and I have no idea what he may do. Take her away to England? My lawyer has not returned my call and I feel as though the system has failed me. I am trying to file charges for contempt. I have never tried to deny him visitation, but he pops up at his convenience and recently told our daughter it would be a very long time before he saw her. Now, he wants to come around again. He has been reported to a credit bureau, already has a suspended driver’s license, income is supposedly being withheld, but I have yet to see any of it. Any guidance as I honestly don’t know what to do anymore? What are my options?
my son’s (6 1/2) biological father, has never seen his son nor paid a dime toward’s child support. He sued me over a year ago, which makes zero sense. At the time, he was living in IN the same state as my son and I. He was Court Ordered, July 09 to pay $65000 in back child support and $1100 per month in support. With one hour per month of supervised visitation in a therapuetic setting. To date, we havent seen a dime. He was court ordered to apper an show cause as to why he should not be punished for his contempt-on 12/23/09. He failed to appear and had fled to his parents, home in Carefree, AZ. He works for his stepfather, Dr. Patrick Carnes and his income as of late can not be traced. He now owe’s over $90000 in child support. What now? I would go to jail over a $100 speeding ticket and this Dead Beat, can run free? What is the probability that this will catch up with him? Is it true that he can not renew his AZ driver license nor leave the country? What can I do at this point? thank you.
Here’s why most Non-custodial (fathers) don”t pay child support. THE SYSTEM IS UNFAIR! Very Unfair!! Most custodial parents are unaware of the burden many Non_custodial parents have to endure. In NYS 17 cents out of every dollar is paid into the system. If the Non-Custodial parent seek another job to cover this lost, He/she is forced to pay another 17% out of the second job. IT NEVER ENDS. The system is unfair! That is why most Non_custodial parents say $@@%^ the system.
Non_custodial parents have no rights. NONE! once you enter the systems you loose all your rights. EVEN IF YOU PAY YOU ARE LOOKED UPON AS A DEAD-BEAT!.
Congress has to act fast and change this Unfair, unconstitutional system.
all i have to say to this, is that a Non Custodial parent should do their homework and not sue the Custodial parent. If you open pandora’s box what do you expect? Not to mention 2 words = responsibility and accountability. As my attorney shared with me, if it were not for My Showing up for life as a parent every day and all that it entails, my son would be in an orphanage.
Burden? What burden? My states child support enforcement doesn’t charge a cent. The non-custodial parent in my case doesn’t have to pay a dime in administrative fees. He just needs to send his support every month. But he won’t. It directly hurts his own child. I’m there every single day for my child, I’ve paid for medical insurance even though the non-custodial parent was ordered to, I work hard to make ends meet and we constantly have to do without. Guess he just can’t be bothered. You need to think about what it means to be a parent and a responsiblity human being. There is absolutely no excuse to not contribute something financially for your child.
Angie if you think your Attorney care about you and your child, think again. The attorney only care about his/her money! The welfare of the child is secondary. Analyze the child support laws of every state and you will see that it’s not fair and its unjust. An unjust law is no law.
ever notice that women are USUALLy the most vehement about child support? Interestingly enough–why is is that parents are paying such outrageous sums in child support? I remember my father being ordered to pay $100 a month. I have to pay $1000 and my ex make 90,000 yearly and I havent made more than 20,000 for the last fopur years. Why? Because TITLE IV FUNDS!!!!!!! The states make money off of our children–or rather fathers. YUPPER–thats correct. Do some research its true. This has NOTHING to do with —“dont u love your child,” or “you should pay your fair share,” crap.
ya know what ? (in MA at least) you could stop paying tomorrow and live life free and clear. As long as the mother isnt getting state aid, they will do NOTHING to help us enforce an order. Its sickening.
Can a State collect support from another state and in turn send that support to a third state. ie: Fla collects from Ga. and sends the collected funds to Ala.
James,
Did you ever get an ans to your question? I cant even get my leagal CS order enforced from NH (where he lives) to MA (where I live)
i live in NJ, and have residential custody and recieve CS payments. what complicates this, is it is an interstate case, PA is the other. when i filed the papers for the order, my ex was making a decent salary. by the time the courts in his state got the papers and went through with the enforcement, his salary had decreased bc he lost his job. i had recieved payments from him, his checks were garnished, and i recieve the payments regularly. then, he was no longer eligible for unemployment, so he had no money to make any payments. had to return to court and pay a $500 upfront. he got his job back, lower salary and contined to make payments. around tax time, i was told that his return would be sent to me to pay off the arrears. PROBLEM!!! this is why it’s complicated. i was told i was going to recieve $4500, plus another $600. he’s telling me that the arrears amount in PA is LOWER than in NJ… HOW?? and WHY??? was i overpaid? or does the state that me and my children live in have the correct amount? which state has jurisdiction over the other? the state where the order originated from? or the state where the noncustodial parent lives??? this is causing a lot of confusion and aggrivation. things have been peaceful, and i would like to keep it that way!!!
To all non-custodial parents who resent child support: If you were still married, nearly 100% of your disposable income would go to the support of your children and the household in which they live. How many married parents with, say, one child, get to allocate 17% – 20% of their income to taking care of their children and use the rest as they please?
Once you are divorced and become a custodial parent, you have the DUTY to feed, clothe, educate, protect, discipline, and provide health care to your children no matter what the cost or inconvenience. Whereas the non-custodial parent gets the RIGHT to visit the child, the DUTY to provide a fixed amount of financial support, and that’s it.
Combined with the expense of private enforcement, the complication of interstate enforcement, and the near impossibility of state-assisted enforcement, billions of dollars in child support go unpaid and thousands of deadbeats go unpunished every year.
What are you whining about–non-custodial parents have it made. You want sometime to be frustrated over–try being an actual, in-the-home parent for a few months.
There are many father’s who would love to have the chance to be the ones to raise their child as a single father, however, they have an extremely vengeful and controlling ex-girlfriend or wife that makes sure he has no choice in decision’s regarding his child’s life. Even men who diligently pay their child support end up paying for the lifestyle of their under-ambitious or vengeful ex and has no say in where the money goes. You say that a married man uses 100% of his income to support his family. Yes, that is true. However, that 100% is a 100% that the man proudly earned for his intact family that loves and respects him. He is giving his money to his own; to the ones that have his back in times of trouble as well. But when a man’s family is destroyed by an angry woman who makes it her vendetta to use the child as a pawn in any way possible and purposefully make anger-provoking financial decisions with the money that the man contributes, the non-custodial parent ends up being screwed in every facet of the breakup and the aftermath. Not only does he not get to be the equal participant and provider in the family anymore, he has to have a bureaucratic state and federal agency interfering with every facet of his life while his kid’s Mom goes and invites another man to come into his family and call your kid Son or Daughter. This is the reason why divorce is evil. It is not because of some better than thou religious decree, it is evil because family life gets entangled with the state and ends up in every part of our lives. Then, the state has to be the one to keep societies together and in the long run ends up enslaving people with the bureaucracy they depend on to live.
So, with all that said, 17 – 20% is alot of money to contribute when you already pay for taxes, when you can’t claim it, when you are trying to live and let live and move on in your life from someone who doesn’t want you there except as a paycheck. If the custodial parent would allow their child’s father to be a good person and have an active and equal role in the family then maybe it would be justfied, however, that very rarely ever happens and when it does, state agencies are not needed and they probably haven’t broken up.
Well I am a single dad raising my son. My ex wife has evaded child support and moved several times in an attempt to get out of paying. I feel the system has failed me as well as my son. If I didnt pay Id be in jail. Shes had two more kids and is on welfare, so maybe theyll take her to jail.
A child is born in New York. Mother leaves marriage and state 3 weeks after birth. Father moves to Tennessee. Mother asks new home state,North Carolina for child support. NC contacts Tennessee and TN initiates a child support order,determines amount and modifies it twice. Child turns 18 , father asks for termination and private attorney suddenly claims New York law should apply. Judge discloses he’s not familiar with this type of claim by attorney. Father insists New York no longer has jurisdiction over all parties. Should termination be determined by TN or New York laws?
TN, Has jurisdiction, If the govt were to only take 17% of earned income I would be ok with it, but they DON’T! I pay almost 60% plus all the fees and lawyers and I pay for my child to have a lawyer, After I support the ex with her child stealing ways, pay for attorneys for myself and the child travel all over as they stole my child from the state, I barely survive, Is it right I alone pay for Her, my child and all the courts to live the good life and me to barely eat?
Tennessee law is applied. Tell that greedy bloodsucking lawyer to back off. Tennessee initiated and that judgement stays as long as the child is under the age of majority. Once the age of majority is reached. You are not longer required to pay support.
Update me on the case. I will help you to win this one. NCP have to unite
ok i dated a guy who was physically and mentally abusive for 6 yrs long long story short the last time he beat me he put me in hospital took my 4 yr old son too Fla ran too courts said I abandoned him them at age 8 he tried gettin child support i payed payed payed havent seen my first born since he was 4 yrs old he 18 now but 7 years ago a payement was sent back to courts cause they moved out of state again well i got re-married 5 yrs ago have a beauiful 5 yr old daughter got custody of my 7 yr old boy and well JOE the man-beater finds me and wants back support for last 10 yrs and he the one who left beat me i gotta pay back support of 40,000 he gets off scott free!! i was never told about court date when he went for sole custidy cause back then i had proof he beat me and i would have defiantly got my son brandon…he didnt want me too be there think about it…its NOT FAIR!!!!
I’ve known my husband for ten years now as we’ve had our on and off relationship we finally got married last year.I have three children from a previous relationship which I dont recieve child support for and a daughter and one on the way by my husband.I just found out that he fathered a child Doc years ago but they never told him he was the father the CS case was closed with which the mother is now now seeking child support for.Im stressed out about how to provide for our own children.Im wondering what will child support Look at to determine how much he will have to pay.And does it matter whether if he already has a family to provide for.
I had a child out of wedlock with a man I was with for 13 years. He relocated to NY May 2010. Originally, I planned to relocate as well however I was not able to find a job and therefore did not relocate. Since he left we both realized that we were on different pages in life so we split up. He agreed to pay support every other week but has only sent support 3 times. My dilemma is where would I file for support; Florida or NYS? I am currently still in Florida but plan to relocate end of June 2011. Any input or suggestions would be appreciated! Thank you
I divorced in south carolina and now live in az. The ex lives in Mo. He isnt and hasnt been paying alimony. The judge ordered him to pay for the rest of his life. I have been told in south carolina that they cant go over the state boarder even though they have a bench warrent out for his arrest. They cant arrest him because he lives in Mo. This being the case if he gets a job can SC get his pay checks garnished over state lines? He left me in a very bad situation. Im on disabilty and food stamps. Since im on disabilty is there an an exception for them to go over state lines if they cant? He almost has his MBA (four classes short and spent everything on is wanna fiance girlfriend. Ran drugs from mexico to clt and using as well. Is there anything i can do?
I have a case with VA for 3yrs now and dept had a case opened with MD for a year and a half as the father lives in MD and has not paid up to now. How many times do MD have to send notices that’s being ignored anyway before MD order a stricter actions.
i was receiving child support legally from nj which required support while my son attended college. My ex decided to move the case to az which does not require support after high school. The day az made it their jurisdiction the support stopped. That much i understood however the judge then ordered me to pay back all support from his 17th birthday when he completed school. Can the judge order me to payback anything prior to beging az jurisdiction? Especially if it was according to a valid order? In another state?
Joe I hear you. I bust my butt working to pay the bills so my husband can afford to pay child support of $1950/mth. We paid that and over $10,000 on top to pay for airfares for the kids to come see us. He is lucky to have $50 left a week. She has remarried, got a degree that my husband paid for putting her through school. She refused to get divorced until he paid off her $60,000 in credit card debt. Then she came up with $30,000 in student loans he didn’t know about. They were being transferred to Alaska with military and the movers had come and packed all their goods on the way up here. 2 weeks before they get on the plane (they all had travel orders) she says she is staying in Alaska and keeping the kids. She denied having an affair with his ex best friend ( they are now married). She refuses to work and claimed all the kids on this years tax return leaving him stuck with a huge tax bill. Then says unless we pay 100% of all travel costs we can’t see the 3 kids this year. I took out a loan from my business to buy airfare for the 11 yr old to come. Then she said we could only have him for 3 weeks because she had planned another vacation already. Some people are truly evil. We are trying to get court jurisdiction to modify the support order.
That was staying in Hawaii.
Why did fl send me a short form affidavit, I wonder if that means they found my daughters father or not? I really hope so no one is telling me what’s going on?
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My child father died in 2006 I recieved death benefits from SSA for child can this be used to now say that the child support arrears owed to me for my child can be enforced against