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Child Support - Out Of State Parents

If the parent lives in another state, a court action will be initiated in Henderson County and forwarded through the other state's central registry to the child support authority in the jurisdiction where the absent parent resides. That office will then bring the absent parent before the local court to request that a child support order be entered. The court in the other state has the authority to set the amount of the order.

Federal law requires all states to provide location, establishment and enforcement services. North Carolina has adopted the Uniform Interstate Family Support Act (UIFSA) repealing the Uniform Reciprocal Enforcement of Support Act (URESA). UIFSA unlike URESA creates a structure designed to provide for only one support order at a time called the controlling order. In cases where multiple orders exist, UIFSA provides rules to determine the controlling order. Underlying this structure is the principle of Continuing Exclusive Jurisdiction, or CEJ.

Under UIFSA, as state issuing a support order has CEJ as long as it remains the resident State of the obligor, the individual obligee, or the child for whose benefit the support order is issued. CEJ plays a prominent role in the area of order modification.

UIFSA provides for enforcement mechanisms such as direct income withholding if sent to an employer in an UIFSA State, administrative enforcement without registration of the other state's order, and registration for enforcement only.