Out-of-state child support modifications can be complex but are possible. Read on to learn how to modify Massachusetts child support payments if the other parent lives out of state.
When Can You Modify a Child Support Order in Massachusetts?
You may be able to renegotiate child support judgments either with the consent of the other parent or by filing a complaint for modification with a family court. Grounds for filing a complaint for modification include:
- Changes to the income of either or both parents
- New availability of health insurance through a parent
- Loss of access to previously available health coverage, either due to job loss or increased costs
- Other material and substantial changes in your or the other parent’s circumstances
Modifying Massachusetts Child Support When the Other Parent Lives out of State
The Uniform Interstate Family Support Act (UIFSA) enables courts to enforce and modify child support even when one parent lives out of state.
If the other parent lives outside Massachusetts, you can request a child support modifications by filing a complaint for modification in family court per the standard procedure. The only difference is that you need to hire a constable (someone in the other parent’s state) to serve the papers.
What if the other parent isn’t paying what the court ordered them to pay? In that case, you can file a complaint for contempt with the court and upon court order contact the Massachusetts Department of Revenue for assistance in deducting the ordered amount from the other parent’s paycheck.
Does the Original Support Judgment Stand if You Move out of Massachusetts?
Yes. If your ex-spouse pays you child support due to a judgment by a Massachusetts court and you move out of state, the judgment remains in effect until a court modifies it.
Can You Modify a Child Support Order from Another State?
You may be able to modify a child support order from another state, depending on several factors:
- Where your child lives: If your child doesn’t live in Massachusetts or hasn’t lived in the state for the past six months, Massachusetts courts don’t have jurisdiction over the child support case. Conversely, if your child has lived in this state for more than six months, a local court may be able to amend the order.
- Where the other parent lives: If the other parent lives in the state that issued the original order, you must handle the issue there. If they reside in Massachusetts or a third state, a Massachusetts court may change the order.
Contact Our Family Law Attorneys Today
Out-of-state child support modifications can be challenging, but our experienced legal team at Koiles Pratt Family Law Group knows how to handle interstate child support issues.