Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

How does the child support work if the child and noncustodial parent don't live in the same state?

I've been considering moving to another state and was wondering if I leave the state with the child then I wouldn't receive his child support. Is this the case? It's not as if my child and his father have a close relationship so it really won't be hurting the child and he knows the other side of the family. I was brought up to never keep my child from his father, but things didn't work out for whatever reason so I think it would be best to move back home where I can have my family around. We would be able to live without the funds he gets now because my family sticks together, but I would hate to relieve my child's father of his duties as a parent. What advice does anyone have for me? Does it depend on the state as well?

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  • Favorite Answer

    no child support is a state wide thing i live in Tennessee with my two children and my ex husband lives in California they just send the checks to me and if you want to move then go for it. if he isn't even in his life constantly then just discuss it will your ex and if he want to see him then there holidays just make sure you go to the family court house and get full custody in writing so when you move he cant say you fled with his child good luck

  • Anonymous
    1 decade ago

    It varies from state to state, but what normally happens is that you register with the child support department in the state you are moving to, and then they coordinate with the state that the child's father lives in, and the money is transfered to you through the various agencies. If this move is imminent, you should contact that CSD in your new state to get the paperwork rolling. Also, if the father has any court-ordered visitation rights, you might have to check with a lawyer to see if you are allowed to move without some type of release. As a father on the other end of your issue, I would be devastated if my ex-wife moved out of the area so I couldn't see my son regularly, but your child's father may not feel the same way. Good luck with everything, and make sure that the decisions that you are making are for the right reasons for your child, not because of any bitterness towards your ex.

  • 1 decade ago

    Laws change from state to state. However under no law he can stop paying his duty. He has to continue paying the support to you wherever you are. You may need to try to agree in the "method" of paying. Also be prepared that if he has rights of visit then he may calim "undue hardship" that is, he may say that because you're farther it is more costly for him to "access" the child. Eventhough you know he doesn't really care for the child, however if the case goes to court then the child support will decrease as a compensation for the "highest costs involved in his visits". Even though you say you can live without the support, you should enforce him to pay using whatever legal aid you can find, remember that this support is not for you, it is the child's right. You'r fighting your child's right so you do it right. Good Luck

  • 1 decade ago

    Speaking from experience, I move from California to Oklahoma. My attorney told me if my ex was agreeable to the terms to go ahead, but if it was going to be a problem it may have to go back to court. Alot depends on you and your ex. If he is seeing child on a regular basis or just when it's "convenient" for him. Now the other thing is, my ex didn't always pay his child support, but after awhile he got better at it. There were many years he didn't see his daughter for his own reasons, but just in the last couple of years (she is now 20) they do see each other a little more. Most states are really after the "dead-beat" dads as they call it. They work for the best interest of the child.

    Being around family not only helps with the emotions of the child, but with you too. You don't feel so alone.

    Whatever decision you make, make it be the best for your child and you. Good Luck!!!

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  • Anonymous
    1 decade ago

    Child support orders continue to remain in force no matter where you are living. If the state collects your child support for you, you will need to get a certified copy of the judgment ordering the support - take it with you to your new state and make an appointment with the agency who handles child support in your new state. They will help you get your judgment registered with your new state. The new state will help you with your child support. Just because you live outside the state doesn't mean that a father/mother's financial obligations cease. Good luck!

  • 1 decade ago

    There are some variances in every state,

    but basically, the state in which the child support order was done will continue to handle the case. they should have an 'out of state' office that works these cases. you will continue to get child support as long as the father continues to pay.

    there is probably a requirement that you notify the state and the father in writing of your pending move and new address, be sure to do that. if the father has visitation, that will continue, but it is his responsibility for any transportation costs for any visits.

  • Anonymous
    1 decade ago

    Typically, the state in which the child lives retains jurisdiction. However, if you move to another state, your original order for support should remain valid.

    However, since laws vary from state to state, you may want to consult with an attorney familiar with the laws of your state. Of course if you plan to move out of state, then you have to give the father notice by law.

    Source(s): my ex and I live in different states
  • 1 decade ago

    You are entitled to receive child support no matter what state you live in. Be sure to advise the court or child support agency of your new address. You can apply for enforcement services in your new state at little or no cost at your local child support enforcement agency. They will deal with the other state and the father.

    Source(s): former child support enforcement agent, 25 yrs. experience
  • 1 decade ago

    Different states have different rules. Check to see if you can legally move out of state. Some laws will not let the custodial parent take the child outside a 50 mile radius.

  • 1 decade ago

    Wether you live in the same state or not, he still has to pay yopu child support. He cannot keep you from moving away in any way, as long as it is something that is considered to be in the best interest of the child, which in your situation, I would say is, since you're moving to be closer to your family.

  • 1 decade ago

    different states do things differently but in any case or state if he's been ordered to pay child support then you will still get in no matter what state your in the only way you wouldn't get it is if he stops sending it and in that case you can sue for back child support as long as you have the proof that he was ordered to pay child support in court

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