Intergovernmental Cases
Interstate Child Support
Child support orders remain in effect even when one or both parents moves out of Michigan. If you are the payer of support and you leave the state, you must continue to pay support through the Michigan State Disbursement Unit (MiSDU). The order also remains in effect if the support recipient leaves Michigan. If support payments are not made as court ordered, there are laws between each state to ensure that payments are made. Laws to help in enforcing child support include:
Child support orders remain in effect even when one or both parents moves out of Michigan. If you are the payer of support and you leave the state, you must continue to pay support through the Michigan State Disbursement Unit (MiSDU). The order also remains in effect if the support recipient leaves Michigan. If support payments are not made as court ordered, there are laws between each state to ensure that payments are made. Laws to help in enforcing child support include:
Uniform Interstate Family Support Act (UIFSA)
UIFSA assists states in dealing with cases where a party or source of income is in another state. Under UIFSA, only one state has the right to establish or modify support. This right can be given to another state only if certain conditions are met (such as both parents and the children move out of the state that entered the original order). If you know that the support payer in your case has moved to another state, contact the FOC right away to determine whether you can obtain assistance under UIFSA.
Procedures available under UIFSA
Registration of the Michigan Court Order for Enforcement
The FOC or a private attorney can help with this process. Registration for enforcement allows another state to take the Michigan order and enforce the full amount of support as if it were that state’s own order but it does not allow the other state to change the support order.
The FOC or a private attorney can help with this process. Registration for enforcement allows another state to take the Michigan order and enforce the full amount of support as if it were that state’s own order but it does not allow the other state to change the support order.
Registration of the Michigan Court Order for Modification
When Michigan or another state no longer has jurisdiction to modify the support order (e.g., neither party nor the child lives in the state that issued the order), and the order needs modification, the order may be registered in the state where the other party lives. Once the order is registered for modification in the other state, that state can both enforce and modify the support order.
Common Interstate Situations
When a non-custodial parent lives in another state, and his or her employer is known
The FOC can issue an Income Withholding Order against the payer’s wages, and the out-of-state employer will be required to honor it by federal law. If an Income Withholding Order is not an effective collection method (e.g. payer is self-employed), other enforcement options will be determined by the state in which the custodial parent lives. Contact the FOC for more information.
The FOC can issue an Income Withholding Order against the payer’s wages, and the out-of-state employer will be required to honor it by federal law. If an Income Withholding Order is not an effective collection method (e.g. payer is self-employed), other enforcement options will be determined by the state in which the custodial parent lives. Contact the FOC for more information.
When the non-custodial parent lives in another state, but his or her employer is not known
The FOC can request an action under UIFSA. Once the non-custodial parent’s address is verified, the other state serves notice to the payer that a UIFSA action has been started. A court date will be set in the other state, and an order will be entered, recognizing the Michigan order, and allowing the other state to enforce the order. When the UIFSA order is entered, the other state will enforce the Michigan order as if it were their own order.
The FOC can request an action under UIFSA. Once the non-custodial parent’s address is verified, the other state serves notice to the payer that a UIFSA action has been started. A court date will be set in the other state, and an order will be entered, recognizing the Michigan order, and allowing the other state to enforce the order. When the UIFSA order is entered, the other state will enforce the Michigan order as if it were their own order.
When both parents live in the same state, but not Michigan
Michigan no longer has authority to enforce its support order, but you can get enforcement through the state where you live. Contact the Title IV-D agency in the county where you reside for support enforcement services under Title IV-D of the Social Security Act. You can request “registration of the Michigan child support order” in that jurisdiction. The new jurisdiction will take over the current support, arrearage (except those owed to the State of Michigan) and enforcement authority. Michigan will close its support portion of your case as long as there is no arrearage owed to the State of Michigan. Custody and parenting time issues are still controlled by Michigan order until a separate action is taken to register those orders in a different state.
Michigan no longer has authority to enforce its support order, but you can get enforcement through the state where you live. Contact the Title IV-D agency in the county where you reside for support enforcement services under Title IV-D of the Social Security Act. You can request “registration of the Michigan child support order” in that jurisdiction. The new jurisdiction will take over the current support, arrearage (except those owed to the State of Michigan) and enforcement authority. Michigan will close its support portion of your case as long as there is no arrearage owed to the State of Michigan. Custody and parenting time issues are still controlled by Michigan order until a separate action is taken to register those orders in a different state.
When both parents live outside of Michigan but in different states from each other
Michigan no longer has authority to enforce its support order, but you can get enforcement through the state where the custodial parent lives. The process is nearly the same as when both parents live in the same state, except the resulting UIFSA order goes through an additional step of becoming “registered” in the non-custodial parent’s state of residence for enforcement. The new jurisdiction takes over current support, arrearage (except those owed to the State of Michigan) enforcement and modification authority. Michigan closes the support portion of your case as long as there no arrearage owed to the State of Michigan Custody and parenting time issues are still controlled by Michigan Order until a separate action is taken to register those orders in a different state.
Michigan no longer has authority to enforce its support order, but you can get enforcement through the state where the custodial parent lives. The process is nearly the same as when both parents live in the same state, except the resulting UIFSA order goes through an additional step of becoming “registered” in the non-custodial parent’s state of residence for enforcement. The new jurisdiction takes over current support, arrearage (except those owed to the State of Michigan) enforcement and modification authority. Michigan closes the support portion of your case as long as there no arrearage owed to the State of Michigan Custody and parenting time issues are still controlled by Michigan Order until a separate action is taken to register those orders in a different state.