Winchester, VA asked in Family Law and Child Support for Florida

Q: Is there a reciprocity law in Florida for child support ? Are there any statues that discuss this ?

I am moving to FL. I have a divorce and child support decree. Someone told me that my ex could file to not have to pay because i will be a resident of Florida and due to some law he would win. OR that floridas version of "child support enforcement" doesn't apply to people who move to Florida with their children. Is this true ? Or does Florida uphold the decree. It would be transferred after 6 months of living in Florida. Thank you for your help.

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2 Lawyer Answers

A: This doesn't sound like something Virginia has in its law, but you should post your question to the Florida section of this website to get some general info about Florida law. Generally, states give full faith and credit to court orders of other states, including custody and support orders.

A: Who ever told you that nonsense is clueless. States gives full faith and credit to the judicial acts of other states.

The Uniform Interstate Family Support Act, in effect in all states, provides for registration of out of state orders. You could register your Virginia support order in Florida. Florida could then enforce the Virginia order as if it were a Florida order. However, there is not much benefit to that because the payor against whom you would seek enforcement is not there.

If he stays in Virginia, Virginia will enforce the Virginia order against him regardless where you live.

If he moves, you register the Virginia order in the place he moves to. That new place will then enforce the Virginia order against him as if the order came from the new place.

However, you might want to register a custody order. See the UCCJEA. At some point, Florida may obtain jurisdiction to modify custody, and having the order already registered will facilitate that process.

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