Williamsburg, VA asked in Child Support for Virginia

Q: If I have a Florida child support case and currently live in Virginia where do I petition for an increase?

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1 Lawyer Answer
Michael Christopher Miller
Michael Christopher Miller
Answered
  • Vienna, VA
  • Licensed in Virginia

A: Virginia and Florida have both adopted the Uniform Interstate Family Support Act, UIFSA.

A state that issues a support order has continuing, exclusive jurisdiction to modify that order so long as someone continues to live in the state, i.e., if anyone is in Florida, file to modify in Florida.

If everyone has moved from Florida, the person seeking to modify the order has to go to where the responding lives. So, if you are in Va. and the other party is not in Florida, you go to where the other party is. If the other party wants to modify, they come to Va.

Then, the state that modifies the order has continuing, exclusive jurisdiction so long as the person upon which jurisdiction originated is in the state. If that person moves, you go back to the petitioning/responding party cycle.

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