Friday, June 8, 2012
Boise Family Law Attorneys - (208) 472-2383 Child Support Modification – Out of State Orders
Can I modify my child support if I have an out of state child support order?
As a Boise Family Law Attorney I regularly get calls from individuals who have gone through a divorce in another state and have received a child support order from that state. In general these individuals would like to know if they can modify their child support in Idaho. The answer is yes, but there are certain criteria that must be met. If they are met, an Idaho Court can modify an out of state child support order.
What are the criteria to modify an out of state child support order?
· Neither the child nor either parent can live in the state that issued the original child support order
· Idaho must be able to exercise personal jurisdiction over the party who owes support (please see below for an explanation of personal jurisdiction)
· The child support order must be registered in Idaho
· The requested modification must meet the Idaho criteria for a substantial and material change in circumstances.
What does all this mean? While the first point is obvious, the other three are not. Do you have to be a Boise Divorce Attorney to figure out what personal jurisdiction means? Well, no, but personal jurisdiction is a legal term of art which you may or may not understand. In general, for a state court to be able to tell you what to do, it has to have authority over you. This means that you have had to have had contact with a state, either by living there, doing business there or the like, and you are subject to its laws. Your contact with the state gives the court a justified reason for being able to tell you what to do. You also can submit to personal jurisdiction. This means, for example, that an Idaho Court has no ability to tell you what to do (because you have had no contract with it) but you give it the ok to tell you what to do. Clear as mud?
What does it mean to register a child support order in Idaho and do you have to be a Boise Divorce Attorney to register it? You do not have to be a family law attorney, but you have to follow the procedure outlined in the Uniform Interstate Family Support Act. Registering it basically transfers jurisdiction from the state which issued the order to Idaho.
What are the criteria for modification of child support in Idaho? You must show that there has been a substantial and material change in circumstances. This can be any number of things, such as a change in income, but for an out of state order it can also simply be that Idaho Child Support amount are different from the amounts set by the issuing state.
If you need to modify your child support or need to speak to a Boise Family Law Lawyer, please give us a call and see what we can do for you, (208) 472-2383 – You will be glad you did.