Are you or your child’s other parent thinking about moving out of Missouri? If so, you’re probably wondering about how this could affect your child support arrangement. The move’s consequences will depend on a variety of factors, such as which parent moves, where they move to, and how the move affects the existing custody arrangement. Here’s what you should know ahead of time so that you can best protect your finances and your child’s well-being.
Missouri’s Jurisdiction Over Child Support Orders
Under Missouri law, a state court that has issued a child support order can exercise continuing jurisdiction over child support as long as:
- The order remains the controlling order, and
- At the time of a request for modification, either parent or the child resides in Missouri, or
- The parties consent on the record or in open court to the Missouri court’s continued jurisdiction.
However, the Missouri courts may lose jurisdiction over a child support order if all the parties file a consent with the Missouri court stating that a court of another state has jurisdiction over at least one of the parties or the child resides in that court’s state, or the Missouri court’s child support order otherwise stops serving as the controlling order.
Typically, a child support order remains valid and in effect until a court that may lawfully exercise jurisdiction issues a modification of the order or a new child support order.
Relocating as the Paying Parent
An obligor parent’s payment obligations do not automatically change when they move out of Missouri. The parent must continue to make their child support payments as required under the Missouri order. However, if the move changes the parent’s financial circumstances (such as their employment, income, or cost of living), either parent may file a motion to modify the child support order, but must do so in a court that has jurisdiction.
Furthermore, an obligor parent who moves from Missouri should update their address and employment information with the Missouri Family Support Division and the court that issued the child support order. Failure to do so could result in contempt charges if the parent stops making child support payments.
Relocating as the Custodial Parent
A custodial parent who wishes to move from Missouri usually must receive the other parent’s consent or court approval to move with the family’s children. A parent’s move can lead to changes to the family’s child custody order, as courts may alter visitation periods to account for the lack of proximity between the parents. When they move, a custodial parent may also request a modification of the child support order to reflect changed financial circumstances, such as lower income or increased living or childcare expenses. However, the non-custodial parent can object to a custodial parent’s relocation request, which will necessitate a court hearing during which the court may modify both the child custody and support orders.
Enforcement and Modification Across State Lines
Missouri can enforce its child support orders even when an obligor parent moves to another state. Under the Uniform Interstate Family Support Act, every state in the U.S. must defer to active child support orders issued by other states. The states’ child support departments typically cooperate to enforce a child support order issued by one state against an obligor parent living in another state. UIFSA also protects a custodial parent’s right to pursue enforcement mechanisms, including seeking wage garnishment from an obligor parent’s employer in another state or having the courts in the obligor parent’s state enforce the existing child support order.
Contact a Family Law Attorney Today
If you or your co-parent is considering an out-of-state move, contact the Law Office of Amy L. Gervich today for a free, confidential consultation with a family law attorney in Missouri. We’ll explain the potential effects of the move on your family’s child support order and explain what we can do to protect your finances and your family.
