Can a UIFSA Order Be Registered After Case Closure?

Question from ICE, Can a UIFSA Order Be Registered After Case Closure?

Answer from AI:

Understanding UIFSA and Child Support Orders

The Uniform Interstate Family Support Act (UIFSA) is a law that helps manage child support orders across different states in the USA. It ensures that only one state has jurisdiction over a child support order at any given time, preventing multiple orders for the same child and parent.

Controlling Order and Full Faith and Credit

When multiple child support orders exist, the UIFSA determines which order is the “controlling order.” This controlling order should be recognized and enforced by all states under the Full Faith and Credit for Child Support Orders Act (FFCCSOA). If a court finds out about a UIFSA order, it should give it full faith and credit, meaning it should recognize and enforce it as the valid order.

Issues with Notification and Modification

In your case, it appears that:
– A UIFSA order was established in 2003.
– A different county collected child support under a different order until 2019.
– A modification hearing in 2005 did not address the UIFSA order properly.
– You discovered the UIFSA order in 2019 and filed a motion to dismiss the other order.

If the court did not notify you about the UIFSA order or failed to give it full faith and credit, this could be a significant procedural issue. Courts are generally required to inform parties about relevant orders and ensure the correct order is enforced.

Registering a UIFSA Order After Case Closure

Even if a case is closed, a UIFSA order can still be registered in another state for enforcement purposes. The registration process allows the new state to enforce the order as if it were issued there. However, if the case was closed and the order was not properly registered or recognized initially, you might have grounds to challenge the registration.

Impact of TANF on Child Support Obligations

Temporary Assistance for Needy Families (TANF) is a federal assistance program. If you were receiving TANF, the state might have a right to collect child support to reimburse the assistance provided. This means:
– The state can still charge you for child support and interest, even if you were on TANF.
– The collected support might be used to reimburse the state for the TANF benefits provided.

Steps to Take

Given the complexity of your situation, consider the following steps:

1. Consult with a family law attorney to review your case and provide personalized advice.
2. Gather all relevant documents, including both child support orders and any court communications.
3. File a motion to challenge the registration of the UIFSA order if you believe it was improperly registered.
4. Request a hearing to address any discrepancies and ensure the correct order is enforced.

Resources

For more information, you can refer to:

• Uniform Interstate Family Support Act (UIFSA)
• Full Faith and Credit for Child Support Orders Act (FFCCSOA)

Note: This information is intended to provide a general understanding of the issues involved. For specific legal advice, please consult with a qualified attorney.