UIFSA stands for the Uniform Interstate Family Support Act, which has been adopted by all states, including Texas, to establish, enforce, or modify child and spousal support orders across state boundaries. UIFSA aims to resolve jurisdiction issues and eliminate the possibility of multiple conflicting support orders.
At Albin Oldner Law, we’re committed to helping you understand how UIFSA works in Texas to effectively manage your child support issues. Keep reading for more, then call (214) 423-5100 to schedule a consultation with our compassionate Frisco child support lawyers.
What does UIFSA do?
1. Jurisdiction over child support orders
Texas’ Uniform Interstate Family Support Act (UIFSA) allows the state to have continuing exclusive jurisdiction (CEJ) over a child support order. This means that as long as one of the involved parties—either the custodial or non-custodial parent or the child—remains in the state that issued the original support order, that state retains the authority to modify the order.
2. Enforcement of out-of-state orders
UIFSA facilitates enforcing child support orders from other states. In Texas, a child support order issued by another state can be enforced directly by local courts as if it were a Texas order without first registering the order in the state.
3. Modification of child support orders
Under UIFSA, the state with CEJ over a child support order is typically the only state that can modify the order unless all parties have moved out of the state. If no parties reside in the issuing state, the new state where the obligee (the person receiving child support) lives may assume jurisdiction to modify the order.
How Albin Oldner Law can assist with UIFSA cases
At Albin Oldner Law, we understand the challenges of dealing with interstate child support issues. Whether you’re trying to enforce a child support order made in another state or need to modify an order because you or the other parent has moved, our experienced family law attorneys can provide the guidance and representation you need.
Common questions about UIFSA in Texas
How does UIFSA work if there is no child support order?
Even without an existing child support order, if parents have established sufficient residence in Texas, state officials may enter a Texas order, potentially even if one parent has moved away. UIFSA facilitates cooperation between Texas and another state to establish a child support order where needed.
What is the “controlling order?”
UIFSA mandates a single active support order per case, simplifying what was once a confusing array of multiple orders. This “controlling order” is the benchmark for ongoing child support obligations, eliminating the multiple concurrent orders that previously caused enforcement difficulties.
How do you register out-of-state child support orders in Texas?
Registering an out-of-state child support order in Texas involves several steps to ensure the order is recognized and enforceable under Texas law:
- Obtain a certified copy of the child support order from the state where the order was originally issued.
- Prepare a letter of transmittal requesting registration, a declaration under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), if applicable, and any other required forms specific to your case.
- Submit to the Texas Family Law Court – The documents must be submitted to the family law court in the Texas county where enforcement is sought. This could be the county where the custodial parent lives or where the non-custodial parent can be served.
- Notification and waiting period – The court will file the order as a foreign judgment and notify the non-custodial parent that the order has been registered. The non-custodial parent has 20 days after notification to contest the registration.
- Confirmation of registration – If there is no contest, or if a contest is resolved to uphold the order, the registration is confirmed, making the foreign order a Texas order.
- Enforcement – Once registered, the child support order is enforceable as any other child support order issued by a Texas court. This includes all standard enforcement mechanisms such as income withholding, liens on property, or other legal means.
| Local courts in Frisco |
Navigating UIFSA with professional help
Dealing with child support across state lines doesn’t have to be a daunting process. With the right legal support, you can ensure that your child support orders are managed correctly and effectively, regardless of where you or the other parent resides.At Albin Oldner Law, our skilled team is ready to help you navigate the complexities of family support laws in Texas and across state lines. Contact us online or call (214) 423-5100 to schedule a consultation and find out how we can assist you with your UIFSA needs.
