Family law issues if a supporting parent is not in Illinois

On Behalf of | May 2, 2019 | family law |

While most child support cases in Illinois will involve parents residing in the state, there are times when the supporting parent moves to another state or another country. Parents who are concerned about a parent who has moved out of state not making the necessary payments on time and in full might feel fear as to what can be done to collect those payments. They are often unaware of how the Uniform Interstate Family Support Act addresses these situations and goes about getting the payments. When this arises as a family law issue, having legal assistance is crucial.

UIFSA allows the establishment, enforcement and collection of child support regardless of where the supporting parent is. There is a reduced amount of paperwork when the case is intergovernmental. There are more options and the income withholding can happen faster than it did before. With an intergovernmental case, there can be the involvement of more than a single state or country.

The orders can be served directly to the noncustodial parent or supporting parent’s employer in the state and it lets the state serve an order from Illinois on the employer in another state if that state also takes part in UIFSA. When collecting the support from the employer, it will be done faster if the employer receives the notice directly. This avoids the need for other states to request the income be withheld to pay the child support.

Illinois must have authority over the noncustodial parent or supporting parent who does not live in the state. The following must be in place: the person was served a court order in Illinois; Illinois’ authority is voluntarily accepted; the person lived in Illinois with the child; the noncustodial parent or supporting parent lived in Illinois and gave support to the child’s mother prior to birth; the child resides in Illinois because of the noncustodial parent or supporting parent; or the child was conceived in the state. The other state or country might need to enforce its own laws in certain cases.

It is imperative that a parent fulfill his or her obligations to support a noncustodial child when there is an Illinois order to do so. However, some parents might leave the state for a variety of reasons. If they do and fail to make the payments as they are legally required to do, it is important for the custodial parent to understand how UIFSA can help them. Calling a law firm experienced in family law and child support can be useful to exercise UIFSA or to use another alternative if the situation calls for it.