Jurisdiction over child support

Question 1

Original Jurisdiction

Answer 1

Original jurisdiction to enter a child support order is proper where the first petition under UIFSA is filed.
Another state can exercise jurisdiction only if:
* The second petition is filed before the time to answer the first has expired
* The petitioner objected to jurisdiction in the first action
* The second state is the child’s home state (see discussion of home state under Child Custody, infra)

Question 2

Jurisdiction to Enforce

Answer 2

The court that initially issued the order has jurisdiction to enforce, and UIFSA helps parties enforce orders in other states. Another state can enforce a child support order in two ways:
a. Direct enforcement
Direct enforcement allows the obligee to mail the order to the obligor’s out-of-state employer, automatically triggering withholding unless there is a timely objection.
b. Registration
UIFSA also provides for registration of a support order with another state. The issuing state sends the order to the state where the obligor resides. It is registered and filed as a foreign judgment, and then the order is subject to the same enforcement procedures as if the order had been issued in that state.

Question 3

MODIFICATION OF CHILD SUPPORT AWARDS

Answer 3

Child support is modifiable based on a substantial and continuing change of circumstances affecting the needs of the child or the ability of the parent to pay, such as changes in employment, the growth of
the child, inflation, income, retirement, or disabling illness. A voluntary reduction in income will not be a ground for modification.