Receiving Child Support When the Opposing Party Has Moved Out of State.

Has your ex moved to another state than the state where your divorce was finalized or child support order was issued? Occasionally, when a party moves to another state, they will stop paying the court ordered child support. This leaves the custodial parent to shoulder the entire burden of raising the minor children. However, just because the opposing party has relocated does not mean that you are unable to enforce the support obligation against the opposing party. There are mechanisms in place in your state of residence to enforce the child support obligation across state lines. This type of enforcement is even possible if you have not yet obtained a child support order for your minor children and the opposing party is not a resident of your state.[1]

Generally, an Order in the State of Indiana is only enforceable in the State of Indiana. However, pursuant to the Uniform Interstate Family Support Act, I.C. 31-18.5-1 et seq, a party can seek to have an Indiana child support order enforced in the state in which the opposing party now resides. Each state is obligated under this law to work with each other for the purpose of obtaining child support. In fact, you should be able to get assistance with this from your local county’s IV-D Prosecutor, who should be able to file what is known as reciprocal support action to obtain your ordered support. Each county in Indiana has a IV-D Prosecutors office in which you can seek assistance in obtaining these support orders and enforcing them across state lines.  Under these actions, a party can seek to obtain Income Withholding Orders in the state in which your ex now resides, which would allow for a garnishment of the opposing parties paycheck for the child support obligation. Each county office has different ways in which they accomplish this for you, pursuant to the statute, and you would be best suited to call and make an appointment to learn your options. Go to for contact information for your local county offices.

Reciprocal support only deals with the collection of child support. If you have issues regarding visitation or custody a IV-D Prosecutor will be unable to assist you. If those are your issues, you should consult a qualified family law attorney regarding your options.

[1] In those cases, you will likely first have to establish paternity and then seek a child support order before enforcement could occur.

The attorneys at Camden & Meridew, P.C. are experienced in these matters, and if you would like legal representation regarding cohabitation, please call Julie Camden at 317-770-0000 or complete our online contact form today.

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