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The UIFSA and child support law

The UIFSA, or Uniform Interstate Family Support Act, was created to answer child support questions for unusual child support situations, such as when child support is agreed upon in one state but the child now lives in a different state. The UIFSA was adopted by the entire country, including New York.

Often, the solution to resolve interstate child custody issues is combining all child support orders into one order. In most cases, the child support order needs to be upheld from the state in which the initial order came from even if the child leaves to another state. Based on this order, child support specifications are clarified, including information about the health insurance payments, frequency of payments and the amount of the payments themselves.

An exception is usually made if the child and parent move to a different jurisdiction all together. In that case, the new state has permission to modify the child support order.

Paternity needs to be sufficiently established before a new child support order can be enforced. If paternity has not been established, the other parent should consider getting a court order to obtain a paternity test. In most instances, the courts will not uphold a party to pay for child support if the child is not biologically related. It can sometimes be a challenge to prove paternity once one of the parents relocates, but it isn’t impossible.

You may want to speak to your local child support agency and an attorney working in the state in which your ex lives to help establish paternity and allow you to collect child support. An attorney may explain other provisions of the UIFSA designed to help support children of separated parents.

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