Jurisdiction over child support modification petitions

Many parents in Wisconsin are ordered to pay child support as part of their legal separation or divorce. If their financial circumstances later change significantly, they may want to file a motion to modify their child support amount. A question may arise about where to file the petition, however, in the event that any or all of them have moved out of the state that issued the child support order.

In order to determine the appropriate state in which to file, people should become familiar with the Uniform Interstate Family Support Act, which has been codified by every state and governs the jurisdictional issue. Under the act, if a state continues to be the residence of the payor, the payee or the child, that state will have jurisdiction. However, that means that several different states could have jurisdiction, so the law further defines jurisdiction in that event.

If the child is living in the state that issued the order, that state will continue to have exclusive jurisdiction over the matter. If the child is now living in a different state, the state that issued the most recent orderwill control.

Sometimes, long after a divorce decree and child support order have been issued, a person will experience financial setbacks and changes that make it difficult to pay the amount they were ordered to pay. It is important for them to continue paying the child support they have been ordered to pay until and unless they are able to get a child support modification order. If a modification request is granted, it will not be retroactive and will only apply going forward. People who need a modification of their child support may want to seek the help of a family law attorney to prepare and file the motion and then subsequently argue in court on the client’s behalf.