It is not uncommon for parties to move out of state once a judgment for dissolution or other order creating a child support obligation was entered. The good news is the Full Faith and Credit Clause of the United States Constitution mandates other states recognize legitimate judgments, decrees and orders that were entered in other states. More specifically, the Uniform Interstate Family Support Act has been adopted by every state and is a useful tool in enforcing out of state child support orders. The custodial parent who has moved out of state can chose to enroll the foreign judgment in Illinois and then seek enforcement action in Illinois or can elect to seek enforcement action in the state in which the child support order, judgment or decree was originally entered.

However, things can get more complicated if you are seeking to modify a court order that was entered in a state in which the parties no longer reside. Furthermore, modifying an out of state child support judgment can be more complicated than enforcing it. So long as the parent or child of the case live in the state in which the child support order was originally entered then modification should be sought in that state. If none of the parties involved reside in the state in which the original judgment or decree was entered then the party seeking to modify must enroll the order in the state they now reside and subsequently seek to modify the judgment, order or decree.

Child support issues are complex. They can be even more complex when an Illinois resident is seeking to obtain a judgment, enforce a judgment or modify a judgment when the judgment was entered in another state or when the other party lives out of state. The attorneys at Allison Mosby-Scott are experienced in handling these complex cases. Contact us today to assist in your child support matter.

 

Michael Fenger

Attorney at Law