Out of State Child Support Modifications

|

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 Mullins 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. 

The post Out of State Child Support Modifications appeared first on Naimi Mullins Law Group.

Categories: 
Share To:
Naimi Mullins Law Group

Contact Us Today

Get Experience On Your Side

Our dedicated team of advocates are ready to help your family. Call us today at (725) 444-7185 to get started, or fill out the form below.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
Client Testimonials

In their Own Words

See the Difference Naimi Mullins Makes

Read some of our five-star client reviews below to discover how we can help you.

    "Worth Every Penny"
    Everyone on the team is exceedingly professional but also easy to talk to and to understand. Their in-person advocacy and negotiations were thoughtful and realistic.
    - Julianne M.
    "She Saved My Sanity"

    She stuck with me even though my case was difficult and she never gave up on me or my kids! I absolutely LOVE Carrie. She saved my sanity and ultimately saved my kids!

    - Amanda R.
    "You Want Her in Your Corner"
    Carrie Primas is hands down the best family law attorney in Las Vegas! She fought tirelessly to get me the most favorable agreement that will keep my contact and relationship with my kids intact and protected.
    - Eddie G.
    "Couldn't Ask For A Better Attorney"
    Neil is honest and he always kept me in the loop as to what was going on, and was great about making sure I understood the legal process.  I really felt as if Neil took my case personally, and he went ABOVE AND BEYOND.
    - Former Client
    "Personable and Smart"
    She was exactly the person that I need to get through a difficult time in my life. She walked me through the entire process while explaining to me various outcomes for me.
    - Matthew S.
    "I Adore My Lawyer"
    Dealing with lawyers during a stressful time can be scary, but Carrie was there to hold my hand and let me know what I needed to do to get through the divorce.
    - Tiffanie Q.
    "Outstanding Experience"

    The team was professional, knowledgeable, and compassionate. I felt confident and supported throughout the entire process.

    - Jeff H.
    "No Surprises!"
    Jason Naimi and his staff are the best! They really know their stuff and are so quick to respond to any questions. I always felt so confident and informed in court.
    - Joslyn J.