Under the previous child support statute (URESA), a parent who is subject to a Child support Order could move out of Massachusetts and have his or her Child Support Order reduced in another state. Under the new law, this will not be permitted. As long as one parent resides in the state where the original divorce was obtained, that state will have "continuing exclusive jurisdiction" over the question of child support.
This new law will provide spouses dependent upon child support, the vase majority of whom are women, much greater opportunity to enforce support orders and avoid having those orders reduced. For instance, if both parties move out of Massachusetts after a divorce is obtained, the parent seeking a reduction in support payments must go to the other parent's state to litigate the modification request.
Under the old law it was extremely difficult and expensive for many women to contest modification requests, many of which were brought in states located hundreds or even thousands of miles away from their homes. In the future all such actions will be brought in the state where the women (or occasionally men) reside.
UIFSA also makes it easier to garnish wages in another state. Wage garnishment is a process by which wages are automatically taken out of a parent's pay check and sent directly to the recipient parent or some other agency which administers child support payments. The garnishment order can now be obtained in mother's home state and mailed directly to the father's employer in another state.
In addition to requiring states to enact UIFSA, the new law makes it much more difficult for any parent to avoid a support order. State and Federal agencies will be established. Employers will be required to report new employees to a State Registry which will in turn pass on the information to the Federal Registry. All Registries will cross-check individuals against outstanding Child Support Enforcement Orders for appropriate action.
In other words, the computer age has finally caught up with dead-beat dads and moms. Over the next few years it will essentially be impossible to escape a Child Support Enforcement Order by "fading into the woodwork".
Additionally, parents who do not pay Child Support Orders will be subject to having licenses revoked. These licenses may be driver's licenses or professional licenses. Under the law, even passports can be revoked for failure to pay Child Support Orders. A list of child support delinquencies will be sent to the various licensing boards and these boards will, in turn, send out notices to recalcitrant parents indicating that they may be subject to license suspension or revocation unless they bring their payments up-to-date. This is one significant change in the law that will have a substantial impact on the enforcement of support orders. The new law also provides a standardized procedure for wage garnishment by establishing a central agency for each state which will administer all garnishments. The law also makes it easier to garnish the pay of military and Federal employees which up to now has been a confusing maze for all parties seeking to enforce such Orders.
These broad changes in the law are long overdue. In addition to tracking parents who do not pay support and finally creating real-life consequences for failure to pay, it will be much easier and less expensive for people to enforce support orders. In the past one would have to hire an attorney in almost all situations in order to collect support payments. Now, with strict enforcement mechanisms established, bringing support payments current may be as easy as making a phone call.