Could someone please explain what an "UIFSA Petition to Register a Foreign Support Order" is about? I have done some reading about it online. However, it was not explained in general terms. I'm unexperienced with legal matters. I have a hearing this upcoming week regarding this, and am curious as to what I will be walking into. Thank you!

ScottGem

UIFSA is a federal statute to standardize child support across states. The idea is to allow for some uniformity of laws from sate to state.

A foreign support order sounds like an attempt to get support from a foreign national.

It would help if you gave us more details about what side you are on and how you arrived at this point so we can help further.

r_kidd

Thank you. It's a bit of a long story. I will try to make it as short as possible.

In 1997, I got divorced. At the time, I was not the best one to take care of the children. I gave custody to their father. A week later, I tried to contact them only to find out they moved without my knowledge. I tried to find them to no avail.

In 2000, I recieved papers saying I owed child support. I gladly started paying. In 2002, I was laid off. I have not been employed since that time for health reasons. This month, I recieved the court motion.

The divorce took place in Ohio, which is the state they reside in.

ScottGem

First, was there a child support arrangement as part of the divorce? If there wasn't why would you just blindly accept an order of support? I gather you live in Indiana. So the "foreign" in this case means from a different state.

I think what is meant here is that, since you live in Indiana, but they live in Ohio, they are filing under the UIFSA to collect back support.

Whether the support was part of the original divorce is very important here. So I din't want to give any further advice until we have that info.

r_kidd

If my memory serves me correctly, I think so. I do not have the divorce papers, as they were lost. At the time of the divorce, I was very naive about things of this nature, and was still under my ex husband's "influence". I'm still a bit naive, LOL, but not under his thumb any longer.

ScottGem

You need to get a copy of your divorce papers. The attorney who handled the divorce for you or the court, should have a copy.

I will say its somewhat unusual for the female spouse to pay child support, unless you were making as much or more than your ex at the time of the divorce. It sounds to me like you may have been suckered, which also indicates that you may not have had an attorney representing you, another mistake.

So the question is what do you do now?
1) Get an attorney
2) Get a copy of the divorce decree, including the support agreement and custody agreement
3) Document your ex's move and your attempts to locate him.
4) Document what you have paid
5) Document your job and health situation

You will then be able to go to this hearing prepared to show that any arrears you owe were due to your ex's moving without notification and that your financial situation precludes continuing to pay.

I would also think about contesting the child support and custody agreements. Its possible your ex may have violated the agreement by moving without notification if you had any visitation rights. It looks like you ex had you on the defensive and its time you turned the tables.

r_kidd

Thank you! Very helpful advice, much appreciated. This may seem like a dumb question, but, when I go to court, I won't be sent to jail? I know there is no way of knowing for sure. It's a fear I have considering I am behind on payments.

I did feel like I was on the defensive at the time of the divorce. I'm very nervous about seeing him again.

Thanks again.

ScottGem

Its highly unlikely you will go to jail. If you were in jail how could you pay anything? If you can prove the things you said here, there would be almost no chance of going to jail. In fact, there is every chance that you will have both the custody and support agreements modified.

r_kidd

Thank you.

Tomorrow is the day. I don't have a lawyer. I tried to get one, but, can not afford the fees at the moment. Is there anything I can do for myself, anything I can say to sound like I know what I am doing?

ScottGem

Just make sure you have documentation of what you want to say and say it simply and honestly.