Divorce cases do not only involve the dissolution of a valid marriage between couples. The court proceedings are not limited only to declaring the marriages dissolved but also to ensuring that the rights of the children involved are protected. This only shows that the state takes into consideration the welfare or well being of the kids after the divorce has been decreed final. Two of the most common issues resolved during the divorce cases are child support and child custody. In this article, the focus will be about child support.
What Is Child Support?
This is an obligation of the filial parents of the children to provide for support and maintenance of the latter, especially after the divorce. In most cases, the court would make both parents liable for the payment of support. Nonetheless, there are also instances when only the mother or father is made liable depending on the attendant facts and circumstances of each case.
What Is The Rule on Child Support?
As a general rule, the order of a court can only be enforced within its territorial jurisdiction. Under our current Rules of Court, a judge of a particular court or tribunal cannot issue an order, decision or resolution outside the bounds of its territorial jurisdiction. Otherwise, such issuance will be considered as null and void. Generally, the child support order can only be enforced within a particular state. However, with the enactment of the Uniform Intestate Family Act, interstate enforcement of child support obligations has been made possible.
What Is Uniform Interstate Family Act?
This statute provides for the establishment, enforcement and modification of out-of-state support orders. The law allows a child support order to be implemented not only at the residence of the obligor but also the place where the obligee resides, or the other way around. With this law, it now becomes easy for the plaintiff or petitioner to demand for the execution of the child support order even if the adverse party is located in a separate state.
If your former spouse is located or resides in a different state, then make sure that you are well aware of the provisions of the Uniform Interstate Act. You can always ask your custody attorneys in Waukesha WI about the important provisions of this statute in order to ensure that your ex-wife or ex-husband will really comply with the obligations to pay for the support and maintenance of your children.