When parents live in different states, life gets complicated. While custody issues and visitation can be a challenge, child support issues may be even more difficult to resolve. Adding a potential modification to the equation can leave your head spinning as you look for answers.
If you want to modify or prevent modification of a child support order that crosses state lines, it is a good idea to work with a child support attorney who understands how to handle complex cases. Here are some factors to keep in mind.
Which State Laws Control the Case?
Deciding which laws apply to child support enforcement and modification is a simple matter when both parents and the child remain in the same state that they were in when the court issued a child support order. But when a parent paying support moves or the child is relocated, which state’s laws govern the case?
If Nevada law is controlling, can you request a modification in another state? What happens if both parents have moved?
Uniform Interstate Family Support Act
All 50 states have adopted a version of the Uniform Interstate Family Support Act (UIFSA), and this law provides the answers to many questions about modification of child support out-of-state. In Nevada, the provisions are incorporated into Chapter 130 of the Nevada Revised Statutes.
According to Section 130.205, when a state issues a child support order, that state continues to retain exclusive jurisdiction over the matter in most cases as long as one parent or the child still resides in that state. That means that the laws of the original state will determine when a parent is allowed to seek modification of a child support order and the factors that determine whether the order should be modified.
However, the laws of a different state may govern the matter if both parents consent to a change of jurisdiction in writing in the original state. If both parents leave the original state of jurisdiction, and they haven’t moved to the same state, then the person requesting a modification must do so in the other parent’s state of residence.
Custody and Child Support Modifications May Be Handled Different
Nevada law allows for a change in custody in situations where another state’s law would still govern child support. For instance, if a child lives in Nevada but the child support order was issued in another state and one parent still lives in that state, custody could be modified under Nevada law while child support is modified under the laws of the original state. However, the child support order issued out of state can usually still be registered for enforcement in Nevada.
Work with a Child Support Attorney Who Understands Interstate Laws
The bottom line is that if you are or could be dealing with parenting issues that cross state lines, you need to work with a legal advisor who is prepared to handle the complex issues in a way that allows you to take advantage of the provisions most favorable to your case. At Naimi Family Law Group, we understand how to win our clients’ objectives in child support modifications both in Nevada and in situations where other jurisdictions are involved. We invite you to contact us to learn more about how we could help in your case.