Child support can get tricky when one parent moves out of state before filing for divorce or custody or during the divorce or custody process. This situation can result in multiple child support orders in different states that result in consequences if both child support orders are not followed. 
If your spouse moved out of state and both of you have filed for child support or custody it is important to hire a child support attorney to ensure the process is followed correctly.
Hanger v. Hanger
Hanger is a great case to illustrate how multiple child support orders mistakenly get filed and how a court will typically handle correcting the mistake.
In this case, both parents lived in Oklahoma during their marriage. However when the couple separated, the mother moved from Oklahoma to Minnesota. After living in Minnesota for several months, the mother filed for divorce claiming she had been a resident for six months, the number of months required to establish residency and file for divorce.
Six days before the mother filed for divorce, the father filed for divorce in Oklahoma. In his divorce petition he stated that Oklahoma was the residency of the mother because she had only lived in Minnesota for five months.
However, the mother served the father before he could serve her, and the Minnesota court stated that the children had lived in Minnesota for six months at the time the divorce petition was filed.
The Minnesota Court’s child support order ended up being $500 more than the Oklahoma child support order. The Oklahoma Court stated that the child support order should be based on the supporting spouse’s home state, not the children’s.
On appeal the Oklahoma Appellate Court deferred to Minnesota, stating that state had jurisdiction over the issue based on the Uniform Interstate Family Act.
Uniform Interstate Family Support Act
The Uniform Interstate Family Act (UIFSA) has been adopted by all 50 states in the U.S. and helps to reconcile competing child support orders. Section 204 of the UIFSA directs courts on how to resolve multiple state issued orders.
The Oklahoma Appellate Court stated the following when it applied the UIFSA to the facts of the Hanger case:
- The mother filed the divorce case, specifically asking for child support before any other case was established.
- The father did not specifically request child support in the petition for divorce in Oklahoma.
- The mother filed a timely appeal, while the father never appealed the Minnesota order.
- The children’s home state is Minnesota.
The UIFSA prefers the home state of the children when determining an initial child support order. This preference is directly in line when determining jurisdiction for two other orders during a divorce proceeding: the Uniform Custody Jurisdiction and Enforcement Act and the federal Parental Kidnapping Prevention Act.
If the children do not have a home state as determined by the courts, then the first parent to files controls the jurisdiction according to the UIFSA.
Modification Application
The actual process begins with your divorce attorney applying for a modification to consolidate the support orders into one state.
The requirements for modification of child support can be found here, however your divorce attorney is your best resource.
Free Consultation with a Tulsa Divorce Attorney
Hiring a family divorce attorney when filing a child support modification action will ensure the process is expertly conducted and your interests are well represented.
A family divorce attorney is the best resource when multiple child support orders have been granted and you need to determine which order is valid.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma child support modification process.
For a free confidential consultation, call now: 918-924-5526.
