Child Support Jurisdiction Change UIFSA

by Kelly from Gaylord, Michigan

I need a form(s) to change jurisdiction from Broward County Florida to Otsego County Michigan for child support purposes.

I was married and divorced in Broward County, Florida.

I have since relocated to Otsego County, Michigan.

My ex-husband has since moved to Morgan County, Indiana. I need my case closed in Florida and transferred to Otsego County due to child support issues.

I was told by Broward County Circuit Court that I need to file a motion to the court and the Judge will decide whether to change jurisdiction.

Answer to Florida Child Support Question

Dear Kelly,

Your situation falls under Federal Child Support laws, specifically the Uniform Family Support Act (UIFSA).

Since none of the parties now reside in the issuing state (Florida) then jurisdiction falls to the state where the child resides -- so, in your case it is Michigan.

Contact your child support enforcement agency in your county and explain your situation.

You will likely need to petition the court there to transfer your child support case to Michigan or your child state's child support enforcement agency may do it for you.

An article about UIFSA on www.supportguidelines.com by Attorney Laura Morgan states in part:

By now we are familiar with UIFSA’s provisions concerning continuing, exclusive jurisdiction. Consistent with UIFSA’s policy of “one order, one time, one place,” only one court is authorized to establish or modify a child support order at a time.

UIFSA § 205 provides that the tribunal that issues a valid support order retains “continuing, exclusive jurisdiction” (“CEJ”) to modify an existing order, as long as the obligee, the obligor, or the child remains in the issuing state.

This

provision is the probably the most important provision of UIFSA, for it limits the number of duplicate and conflicting orders, and reduces forum shopping by parents seeking to increase or decrease the amount of child support payments.

Sections 611 and 613 set forth the circumstances under which a second state can modify a support order. Section 613 provides that if the obligor and obligee relocate in the same state, a tribunal in that state can modify the order.

Section 611 provides that a second state can modify the support order of another state only if both parties file written consents with the issuing court, or if all of the relevant persons— the obligor, the individual obligee, and the child—have permanently left the issuing state.

Moreover, the petitioner cannot be a resident of the forum state. This generally means that a parent must seek modification in the other parent’s state of residence or in the original issuing state. Thus, when both parties have left the issuing state for two different states, that state no longer has continuing, exclusive jurisdiction, and the petitioning party must not be a resident of the forum state.

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