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Ninth Judicial Circuit Court

FRIEND OF THE COURT HANDBOOK - INTERSTATE ACTIONS

Child support orders remain in effect wherever you live. If the parent who is ordered to pay support leaves the State of Michigan, he or she must continue to pay support through the FOC to MiSDU (see Making Payments section). Failure to obey the support order could have serious consequences.

If either parent leaves Michigan, it does not mean that the support obligation ends. If support payments are not timely, or stop altogether, there are laws between each state to assure that payments are made. Laws to enforce support include:

Uniform Interstate Family Support Act (UIFSA)

UIFSA assists states in dealing with cases where a party or source of income is in another state. Under UIFSA, only one state has the right to establish or modify support. This right can be given to another state only if certain conditions are met (such as both parents and the children move out of the state that entered the original order).

If you know that the support payer in your case has moved to another state, contact the FOC to determine whether you can obtain assistance under UIFSA. Some of the procedures available under UIFSA follow:

Interstate Income Withholding

This process allows the FOC to send a notice directly to an employer in another state, requiring the employer to deduct child support and send it to the FOC. If the employer fails to withhold the support, the income withholding order can be registered in the other state. The other state can then assist in getting the employer to withhold the support.

Registration of the Michigan Court Order for Enforcement

The FOC or a private attorney can help with this process. Registration for enforcement allows another state to take the Michigan order and enforce the full amount of support as if it were that state's own order.

Registration for Modification

When Michigan or another state no longer has jurisdiction to modify the support order (e.g., neither party or the child lives in the state that issued the order), and the order needs modification, the order may be registered in the state where the other party lives.

Assistance with Discovery in Another State

UIFSA provides some assistance in obtaining information needed for support hearings if one of the parties lives in another state. See the FOC office for more information regarding what assistance is available.

Revised Uniform Reciprocal Enforcement of Support (RURESA) Action

RURESA preceded UIFSA. It was an interstate law, which allowed establishment and enforcement of child support orders in the state where the support payer lived. If a RURESA order was established in your case, it will continue to be enforced. Modifications must comply with the requirements of UIFSA.

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