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Susan Lampert & Associates
(847) 562-8780
Past Newsletters
May 2019
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When you and your child’s other parent live in the same state, collecting child support can be relatively simple. If needed, you can enlist the help of a state agencies that help enforce child support orders, collect funds, and distribute funds to receiving parents. However, what happens when the parent ordered to pay support decides to move to a different state?
Federal Laws Against Non-Payment of Child Support
The law acknowledges that some parents may move to another state in an effort to avoid paying child support ordered in their home state. As a result, federal law makes it a crime not to pay child support for a child in a different state. It is also illegal to flee the state or country to avoid paying child support. A parent suspected of either act may then face federal criminal charges, which can result in a federal prison sentence.
Recovering Payments
Arresting and locking up a parent will rarely result in the other parent receiving the child support they deserve, however. Fortunately, other federal laws called the Uniform Interstate Family Support Act (UIFSA) and the Child Support Recovery Act help regulate interstate child support recovery.
There are general ways that Child Support Enforcement Services Units, across the country can make efforts to help collect child support payments. For example, they can:
• Locating a parent that has left the state
• Filing for income withholding with the parent’s new employer
• Securing real estate liens on out-of-state property
• Seizing assets
• Referring the case for federal prosecution
In some cases, you may be able to register your child support order in the parent’s new state, so that the appropriate state agency can engage in collection efforts. It’s important to note that state agencies from different states rarely work together to collect support in these situations. If you are looking to collect support from a parent that has left the state, you should contact the appropriate state agency, in your state, to see if they will assist in an interstate support case.
Collecting child support, across state lines, can be complicated; but the law is likely on your side. Seek help from an experienced child support lawyer if you are unsure what to do next. Oftentimes, people fail to act, because they assume that they will never see those funds. However, there are steps you can take whether the other parent is in-state or out-of-state.
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