Legal Definitions - FULL FAITH AND CREDIT FOR CHILD–SUPPORT ORDERS ACT

The Full Faith and Credit for Child-Support Orders Act is a federal law passed in 1994. Its main purpose is to simplify and strengthen the process of collecting child support payments when parents live in different states. Before this Act, it could be complicated to enforce or modify a child support order if the involved parties moved across state lines.

The Act establishes two key principles:

• Continuing, Exclusive Jurisdiction: The state that originally issues a child support order generally retains the sole authority (jurisdiction) to modify that order. This jurisdiction continues as long as the child or at least one of the parents involved in the order still lives in that state. The only exception is if all parties involved agree in writing to transfer jurisdiction to another state.
• Interstate Enforcement: A child support order issued in one state can be registered and enforced in any other state. This means that a parent seeking to collect unpaid child support does not need to get a new order from the state where the non-paying parent now resides; they can use the existing order.

Examples:

Example 1: Modifying an Order When Parents Live Apart

Sarah and Mark divorced in California, and a California court issued their child support order. Years later, Mark moves to Arizona for a new job, but Sarah and their children remain in California. If Sarah's income significantly decreases or the children's needs change, requiring a modification to the child support amount, the Full Faith and Credit for Child-Support Orders Act dictates that California retains "continuing, exclusive jurisdiction" to modify the order. This means Sarah would typically file a request for modification with the California court, not an Arizona court, because the children and one parent (Sarah) still reside in California.

Example 2: Enforcing an Order Across State Lines

David was ordered by a Texas court to pay child support to Emily for their daughter. David later moves to Florida and stops making payments. Under the Full Faith and Credit for Child-Support Orders Act, Emily does not need to go to a Florida court to get a new child support order. Instead, she can register the existing Texas child support order with a court in Florida. Once registered, the Florida court can then enforce the Texas order as if it were its own, using Florida's enforcement mechanisms, such as wage garnishment or liens, to compel David to pay the overdue support.

Example 3: Transferring Jurisdiction by Agreement

Maria and Juan divorced in New York, where their child support order was established. A few years later, both Maria, Juan, and their children decide to move permanently to North Carolina to be closer to extended family. Since all parties involved (Maria, Juan, and their children) now reside in North Carolina, and if Maria and Juan both agree in writing, they can petition the New York court to relinquish its "continuing, exclusive jurisdiction" and transfer it to a North Carolina court. This allows the North Carolina court to then become the state with the authority to modify the child support order going forward, reflecting the family's new primary residence, as permitted by the Full Faith and Credit for Child-Support Orders Act.