3 Helpful Tips for Registering Out of State Orders for Child Support

by | Nov 16, 2022 | Child Support

If you are the recipient of child support and move to a different state with your child, registering out of state orders for child support can be challenging. Fortunately, this guide is here to help make it easier for you. It helps first to know that Title IV-D of the Social Security Act requires every U.S. state to have a child support program, sometimes referred to as the IV-D program. If you receive services from your local child support office, your child support case is an IV-D case. Read on to learn about the IV-D registration process for in and out of state orders for child support.

Full IV-D Registration Process for Out of State Orders for Child Support

Full IV-D registration requires submitting a completed application form, proof of age and paternity tests (if you were not married to the other parent), verification of social security numbers, and an official child support order from another state. The child support order must be for a child who lives in the state where you are applying for services and must have been issued within the last 60 days. The order must have both parents’ names and social security numbers, the child’s name, date of birth, and the amount of child support due. 

If the order is for a child for whom both parents are legally responsible, you must prove that the other parent is financially responsible. This can be done by submitting a certified copy of the other parent’s most recent tax return with their name and SSN indicated clearly. If the other parent is self-employed or a contractor, you will need to provide a copy of their business license or tax return. Suppose the other parent is unemployed, a non-tax filer, or receiving social security or other government benefits. In that case, you will need to submit a copy of their most recent award letter or a letter from the agency stating the amount and frequency of the payment.

Partial IV-D Registration Process for Out of State Orders for Child Support

A partial IV-D registration may be necessary when a state’s Child Support Enforcement agency is not a party to the action. The application form indicates that this is a “partial” application. You will need to provide proof that there is an order for child support in another state that names both parents and the child and the amount of child support due.

State-to-State Electronic Registration

State-to-State electronic registration is the most accessible means of registering out of state orders for child support. It can be done directly online by the person seeking child support services in the state where the order was initially issued. If the person seeking assistance has a Social Security number and the other parent’s social security number, those are the only things needed to confirm the order. If not, you will also need the names and birthdates of the children, the amount of child support due, the name of the current employer, and the obligor’s income (the person required to pay child support). If the obligor is self-employed or a contractor, you must provide a signed and dated letter stating their name, address, and income or a signed and dated income tax return. Suppose the obligor is unemployed, a non-tax filer, or receiving government benefits. In that case, you will need to submit a copy of their most recent award letter or a letter from the agency stating the amount and frequency of the payment.

Bottom line

Regardless of which process is used, out of state orders for child support must be confirmed by the state Child Support Enforcement agency in the state where you are applying for services to be effective. If a valid order exists, they will approve it within 10 days. If it cannot be confirmed, they will notify you within 10 days and explain why. If you are applying for services in a state other than where the orders were issued, you must provide an affidavit as described below.

Registering an order where you don’t live

If you live in one state and the other parent and child live in another, then the state where you live will generally not be able to register out of state orders for child support. In this case, you will need to go to the state where the child and other parent lives and file the orders with their state’s Child Support Enforcement agency. If the other parent is receiving public assistance (i.e., TANF, Medicaid, or food stamps), the general assistance caseworker will be able to help you register your order. Otherwise, you can find the contact information for the local Child Support Enforcement office and call or visit in person to get the necessary information to proceed.

Conclusion

Filing and registering out of state orders for child support can be challenging. However, it is an important step that will ensure that the child receives the financial support to which they are entitled. 

Whipple Mercado Can Help

Please do not hesitate to contact us with questions about in or out of state orders for child support. You can contact us using our form here or calling 925-344-5050 x3. We look forward to helping you.

 

Tammy J. Mercado

Tammy J. Mercado has a passion for helping her clients achieve their desired results. She listens and she personally and promptly responds to your texts, emails and phone calls. She offers real solutions to your legal matters. Tammy will carefully evaluate the legal issues in your case, provide you with sound advice and offer you the pros and cons of each possible scenario so you can meet your legal objectives. She encourages clients to participate in their own matters. Tammy believes that client participation is key to a positive result and to keeping attorney fees as low as possible. You can be sure that she will offer you straightforward, sound and honest advice in a professional manner, with integrity and excellence.

Before opening her own law practice, Tammy worked for many high-volume law firms. This gave her extensive, diversified experience in hundreds of complex family law cases as well as civil matters. She is admitted to practice law before all courts in California and the United States District Court for the Northern District of California. She is also a member of the American Bar Association, the Contra Costa Bar Association, the Alameda County Bar Association and the Bar Association of San Francisco. Tammy is also a member of the Rotary Club of Danville.

Tammy is a graduate of John F. Kennedy School of Law and holds a Bachelor of Science in business management from the University of Phoenix. Tammy is also a licensed real estate broker, which comes in handy for valuing property in family law cases as well as real estate matters in the civil arena.

During her off time, Tammy is an avid sailor who crews and races on various boats in the San Francisco Bay. Tammy approaches each case as she would any yacht race: by assessing the other’s strengths, weaknesses, experience, equipment, history and reputation. She is a member of the American Sailing Association, and she is a certified Coast Guard Auxiliary member.

HONORS AND AWARDS
Tammy was selected to receive the prestigious “Business Person of the Year” Award in 2017 for the San Ramon Chamber of Commerce.

Tammy is currently serving as Danville Rotary President for 2017 through 2019.

Mary C. Whipple, CFLS

Mary C. Whipple opened her first law practice in the summer of 2008. She previously was an associate attorney at the Law Office of Cummins & Holmes, a full-service civil litigation law firm in San Ramon. The majority of her experience is in family law, which includes divorce, custody, support, prenuptial agreements and domestic-violence restraining orders. Certified by the California State Bar’s Board of Legal Specialization, she is a specialist in the area of family law. Mary has also represented clients in a variety of non-family-law cases, including juvenile dependency, probate, breach of contract and employment disputes, to name a few.

Mary also previously worked as a contract attorney for O’Melveny & Meyers in San Francisco while simultaneously volunteering at the Bar Association of San Francisco’s Volunteer Legal Services Program, representing defendants in unlawful detainer actions. The program acknowledged Mary with an Outstanding Volunteer in Public Service Award in 2006 for her efforts in providing access to justice.

A seventh-generation Californian, Mary is a graduate of Loyola University Chicago School of Law. She earned her Bachelor of Science in criminology at Southern Oregon University in Ashland, Oregon. She is a member of the State Bar of California, the Alameda County Bar Association, and the Contra Costa County Bar Association.

In addition, Mary is active in her community as a member of the Ambassador’s Committee for the San Ramon Chamber of Commerce; a volunteer at the Contra Costa County and Alameda County Superior Courts, where she assists self-represented litigants in completing their divorces; and a member of Divorce Angel, where she provides information regarding family law matters to members of the community. Since 2007 she has been a volunteer judge for Alameda and Contra Costa County’s Annual High School Moot Court Competition. She is also a member of the Danville/Sycamore Valley Rotary Club. She was awarded the San Ramon Chamber of Commerce 2012 Business Person of the Year; and a graduate of the 2012 class of Leadership San Ramon Valley.

CERTIFIED LEGAL SPECIALTIES
Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization