A relatively commonplace issue arises when a custodial parent moves to New York, but has obtained an Order of child support in the State from which that parent has relocated. Now, assume that the noncustodial parent, the parent paying child support remained in that State. Unfortunately, the parent paying support, sometimes stops paying his or her child support obligation. As a result, the question arises, “Can I have my Order of Child Support enforced in New York?”
By operation of the Uniform Interstate Family Support Act (UIFSA), the answer is, “Yes, New York can enforce your “out of state” Order of child support. In 1996, Congress mandated that each individual state adopt UIFSA which provides a singular, consistent and nationwide mechanism for the enforcement and modification of Child Support Orders, no matter which individual state issues the Order. New York formally adopted UIFSA in 1997, and incorporated it into the Family Court Act.
Pursuant to Family Court Act §580-601, “a support order or income withholding order issued in another state or a foreign support order may be registered in this state for enforcement.” However, it is important to understand that before an individual can avail themselves of the enforcement powers of the New York Family Courts, the “out-of-state” order must be registered. The registration process, set forth in the Family Court Act, requires that a letter specifically requesting registration and enforcement be filed with the Family Court, together with certified copies of the “out-of-state” order, an accurate statement or accounting of the arrears, or unpaid child support owed and payable by the payor, and contact and identifying information for the payor.
Once registered, the remedies and procedures of New York can be utilized to enforce current child support and collect any outstanding arrears owed.
If you have an Order of Child Support issued by another state and need registration and/or enforcement services or advice, please call our office for a consultation.