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If Kentucky does not have jurisdiction over the other parent of my child, what is the UIFSA process to deal with establishment, enforcement and modification of child support orders?

6/17/2015

 
24.  Welcome back!  If Kentucky does not have jurisdiction over the other parent of my child, what is the UIFSA process to deal with establishment, enforcement and modification of child support orders?

            Let me employ the same disclaimer here as I mentioned in Lesson 23.  I am not your lawyer!  I am only offering a simple overview of the complicated nuances of UIFSA as they govern the two-step process of child support proceedings when there is no personal, or long-arm, jurisdiction in the state where the action is filed. 

            So, if Mom now lives in Kentucky, she can initiate her petition here, and Kentucky is considered the “initiating tribunal.”  The Kentucky court then sends 3 copies of the Petition, and the accompanying documentation, to the appropriate court in Tennessee, which is deemed to be the “responding tribunal.”

            Under that scenario, the court in Tennessee takes over, and it has the jurisdiction to issue, enforce or modify a child support order. 

            If Texas has already issued a valid child support order, that order can be directly enforced in Tennessee (Dad’s state of residence), OR it can be registered in Tennessee according to a very specific set of requirements and, if not successfully contested by Dad in Tennessee, it would be confirmed there and could then be modified by the court in Tennessee if certain other circumstances are found to exist.  Thus the two-state process, or what we can remember as the Texas Two-Step.

            In an effort to be fair to respondents such as Dad who now reside in Tennessee, UIFSA does not allow Mom to seek modification of the Texas order in a Kentucky court, where she now lives, unless Dad is subject to the long-arm jurisdiction we discussed in Lesson 23, or all of the parties agree for Kentucky to take over jurisdiction to enforce and modify the order.

            The really good news is that the county attorney’s office is responsible for dealing with UIFSA proceedings, so if you find yourself in the realm of interstate child support chaos, you can just call them and let them take care of the details.

            After the call, you can just relax and wait for your checks to come in the mail.  (At least that's the way it is supposed to work!)


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    Judge John Schrader is a Husband, a Father, and a Lexington Attorney providing legal and mediation services in the office of Sherrow, Sutherland & Associates, P.S.C.

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    CHILD SUPPORT TABLE OF CONTENTS
    1. Who is required to pay child support in Kentucky?
    Publish Date: April 29, 2015
    2. What do I do to obtain a Kentucky Child Support Order?

    Publish Date: April 29, 2015
    3. How is child support calculated under the guidelines?
    Publish Date: April 30, 2015
    4. What is considered “gross income” for child support calculations?
    Publish Date: May 5, 2015
    5. How do I find out what the other parent's income is?
    Publish Date: May 6, 2015
    6. What about income from self-employment or business income?
    Publish Date: May 7, 2015
    7. What if a parent is voluntarily unemployed or underemployed?
    Publish Date: May 13, 2015
    8. What if one parent is paying maintenance?
    Publish Date: May 13, 2015
    9. Is there an adjustment to a parent's "gross income" if he or she is supporting a prior-born
    child?

    Publish Date: May 13, 2015
    10. What happens in a split custody arrangement where Sissy lives with Mother and Jr. lives with Father?
    Publish Date: May 20, 2015
    11. When can a judge deviate from the child support “guidelines”?
    Publish Date: May 20, 2015
    12. When the parents' combined monthly adjusted gross income exceeds $15,000 per month, how is child support calculated?
    Publish Date: May 20, 2015
    13. How does Kentucky law deal with the big-ticket item of childcare expense?
    Publish Date: May 27, 2015
    14. Do parents have to maintain private health insurance for their child, and if so, who pays
    for it?

    Publish Date: May 27, 2015
    15. Who pays for deductibles and co-pays and how do we deal with extraordinary medical expenses not covered by the insurance?
    Publish Date: May 27, 2015
    16. How does a parent actually recover the proportionate share of extraordinary medical expenses from the other parent?
    Publish Date: June 3, 2015
    17. What if I find out the other parent has not been paying for childcare even though I have been paying for my share?
    Publish Date: June 3, 2015
    18. How do I get a modification of child support in Kentucky?
    Publish Date: June 3, 2015
    19. When does child support terminate?
    Publish Date: June 10, 2015
    20. Is a Wage Assignment Order required for child support in Kentucky?

    Publish Date: June 10, 2015
    21. What does the court do about child support when the child spends a considerable amount of time with both parents?
    Publish Date: June 10, 2015
    22. What is involved in collection of child support?
    Publish Date: June 17, 2015
    23. How does the law deal with enforcement of the child support order when my ex and I
    live in two different states?

    Publish Date: June 17, 2015
    24. If Kentucky does not have jurisdiction over the other parent of my child, what is the UIFSA process to deal with establishment, enforcement and modification of child support
    orders?

    Publish Date: June 17, 2015
    25. What about parents who were not husband and wife to each other when their child was
    born?

    Publish Date: June 24, 2015
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