The Uniform Interstate Family Support Act (UIFSA) is a piece of legislation intended to streamline the way child support orders are established and enforced from one state to another. Every state, including Texas, has adopted this uniform law. Its objective is to eliminate any conflicts of confusion resulting from enforcing a child support order in one jurisdiction when it was authored in another.
UIFSA can substantially impact how your child support order is handled if you move out of state. If you have questions about what court has jurisdiction over your support case, our team is here to help.
Establishing Jurisdiction in Texas
UIFSA is built on the principle of “one order, one court.” Its primary goal is to prevent multiple courts from claiming jurisdiction over a child support case and entering conflicting orders. Should that happen, it is likely impossible to comply with both courts simultaneously.
There are limited situations where a Texas court will exercise jurisdiction over a non-resident. Some of the examples include:
- A person personally served with the process in Texas
- A person consented to Texas jurisdiction
- The child resides in Texas
- The non-resident party lives in Texas and provided prior support
Enforcing and Modifying Out-of-State Orders
Under UIFSA, Texas has the power to enforce or even modify existing child support orders entered in other states. If a non-custodial parent lives in Texas, local courts have the ability to take enforcement actions against them.
There are various options for enforcing a child support order. An attorney could petition the court to seek approval to garnish wages, suspend driving privileges, or attach lottery winnings. In rare cases, a person could even be jailed due to their refusal to pay. This is possible based on the failure to comply with the support order issued by the other state.
When Texas has continuing exclusive jurisdiction, they can modify the terms of the original order. However, the parents have the power to agree in writing to transfer jurisdiction to a different state if they no longer reside in Texas.
Sample Scenario
John and Sarah divorced in Texas, and John was ordered to pay $1,200/month in child support. John moves to California, but Sarah and the kids stay in Texas. If John stops paying his child support, Sarah can use UIFSA to enforce the Texas child support order in California. She can register the order there, allowing California to collect payments through wage withholding or other enforcement methods.
If John wants to modify the order (say because his income has changed) he can request a modification in Texas, where the original order was issued, because Sarah and the kids still live there.
In this scenario, UIFSA ensures child support is enforced and modified, even across state lines.
Learn How the Uniform Interstate Family Support Act Applies to You
Before the Uniform Interstate Family Support Act, it was common for conflicts to arise over the enforcement of child support orders across state lines. Now, this simplified process makes it easier for all interested parties to understand their rights and obligations.
If you have questions about how UIFSA impacts your case, now is the time to ask. Our attorneys can help you understand your rights and duties related to out-of-state support orders. Contact Barton & Associates Attorneys at Law, PLLC, as soon as possible to discuss your options during a private consultation.
