The most difficult child support cases to pursue are those in which the parent obligated to pay
child support lives in one state and the child and custodial parent live in another. However, all
states are required to pursue establishment and enforcement of support obligations as vigorously
for children who live outside their border as for those under their own jurisdiction. Federal law
requires states to work through the necessary steps that lead to enforcement within specific time
frames.
State enforcement agencies must cooperate with each other in handling requests for assistance.
However, it is not a simple matter for one state to enforce automatically the court orders of
another state. Each state has an independent court system with varying laws, practices and
traditions. Matters of family law have traditionally been under state and local governments, and
in general, citizens are under the jurisdiction of courts where they live. Interstate wage
withholdings can be used to enforce a support order in another state if the non-custodial
parent's employer is known. When this is the case, weeks of waiting for court dates can be saved.
With interstate wage withholding, the Child Support Enforcement Office in the state where the
non-custodial parent lives will make sure that a wage withholding order form another state
contains all the information required by their state laws and will forward it to the non-custodial
parent's employer.
Q. I know the address of my children's father in another
state, and my caseworker
sent a petition to establish my support order there. That was three months ago,
and still no support payments. What's wrong?
A. It may be any number of things: enforcement officials may not be able to serve
notice on the non-custodial parent due to inadequate address information; if a
hearing is necessary, it may take a while to get a court date. Continue to keep in
touch with your caseworker to resolve any delay or to provide any new information
you may have.
Q. As soon as the children's father is notified about enforcement, he moves. How will
I ever be able to collect my support?
A. Many custodial parents are angry when, after the non-custodial parent is finally
located and served notice of the enforcement action, he or she moves on. It is
difficult to enforce child support payments when the non-custodial parent
intentionally moves to avoid paying. Try to be an active participant in your own
case. Whenever you learn that the non-custodial parent has moved or has a new
job, you should tell your caseworker as soon as possible.