 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
|
| Working Across State Lines What is an interstate case? The Uniform Interstate Family Support Act of 1996 created a platform for all states to establish and enforce support orders for persons in a uniform manner and determine one controlling order in each case. Each state is required by Federal regulations to adopt these changes and establish state laws to support federal requirements. There are two types of interstate cases: initiating and responding. In an initiating case, the custodial parent lives in Tennessee and the non-custodial parent lives outside of Tennessee. In a responding case, another state requests that enforcement or establishment of an order be filed against a non-custodial parent in Tennessee. Click here for more information about UIFSA. Initiating Cases Initiating cases require an application for services from the custodial parent, unless the custodial parent receives Families First benefits. The custodial parent must provide as much information as possible about the location of the non-custodial parent. If an order has been established, the custodial parent should provide a copy of the order or enough information to allow the caseworker to obtain a copy from the jurisdiction with the order. The custodial parent will need to complete an affidavit of arrears or assist the office in obtaining a record of arrears from the court clerk if support has been ordered. When the non-custodial parent is located and long arm or administrative processes cannot be taken, a UIFSA action will be filed in the state where the non-custodial parent resides. Paternity and an order can be established through interstate procedures. The process will take longer since two separate child support offices are involved and must coordinate the work. If an order exists in our jurisdiction and the non-custodial parent has moved to another state, an income assignment can usually be issued to the out-of-state employer without involving the other state. Each state has a statute called "long arm" which allows the court to extend jurisdiction across state lines in certain circumstances. The states also have administrative procedures that can sometimes be taken instead of involving the other state. Responding Cases Responding cases are created at the request of the state where the custodial parent lives. These cases can be for paternity and support establishment or to enforce an existing order. After an order is established, we work these cases to enforce the existing order and use all legal remedies available in our jurisdiction. Estimated Timeframes Initiating petitions are filed within 30 days of locating the non-custodial parent. Responding court actions are filed and the case is heard within 90 days of the non-custodial parent being served.
|