What happens to a child support order when a person moves?

Law Office of Dawn R. Underhill

Many Illinois residents who have had to deal with the legal system know the process can be time consuming and complicated. This can be particularly true for those who are seeking or who have had to make child support payments. While it may seem like those troubles are over after the child support order is entered, changes in family circumstances can change the impact of the child support order.

As discussed previously in this blog, these changes can include things like the payor getting a new job or losing a job, which can impact the amount of monthly payments. However, even if income remains the same, other changes can impact the existing order.

For example, if the payor or payee changes his or her residence to another state, certain steps may need to be taken to continue the child support payments. Typically, if the payor moves states, the custodial parent must rely on the Revised Uniform Reciprocal Enforcement of Support Act to continue collecting payments. This law directs individuals with respect to enforcing child support orders across state boundaries.

However, individuals should also understand their rights when a change in residence occurs. For example, if a custodial parent registers the old state judgment in the new state that the custodial parent moved to, this does not necessarily mean the new state can increase the amount of child support payments.

If the noncustodial spouse has little to no contact with the new state, that state may not have personal jurisdiction over the individual, and thus it could not modify the earlier judgment. Accordingly, it would violate the payor’s due process rights for that state to modify the earlier judgment.

Source: Boston Herald, “Dad questions another state raising child support,” Gerald L. Nissenbaum, Mar. 17, 2013

Originally posted here:
What happens to a child support order when a person moves?