Interstate Actions (Divorce)

Interstate Actions (Divorce)

Continuing Exclusive Jurisdiction (CEJ) 

If the payer of an Oakland County support order leaves the state of Michigan, he/she may continue to make payments to MiSDU. If the payments stop and the payer's out-of-state employer is known, an Income Withholding Notice can be sent directly to the employer. Additionally,  the Oakland County support order can be registered for enforcement in the state in which the payer resides. If the order is registered for enforcement only, the responding state cannot modify the order.
As long as one of the parties or the child remains in Michigan, Michigan retains Continuing Exclusive Jurisdiction (CEJ) to modify the order. However, the law allows both parties to agree in writing that a state in which one of them lives may change the order and assume CEJ. If both parties and the child leave the state, the Michigan Circuit Court cannot modify the Oakland County support order.

Uniform Interstate Family Support Act (UIFSA) 

Under the old interstate law, Revised Uniform Reciprocal Enforcement of Support Act (RURESA), multiple orders could exist for the same parties and child. As the parties moved from state to state, it was possible for each state to issue a new order. Having more than one order created confusion regarding which order was enforceable and exactly how much past-due support was owed.
By January 1, 1998, all states adopted the Uniform Interstate Family Support Act (UIFSA) which was created to improve enforcement of support between the states. The law allows only one order at one time for the same parties and child. The two primary principles of UIFSA are:
  • That only one court have CEJ to modify a support order.
  • That in cases where 2 or more support orders exist, determine which order has priority and is considered the Controlling Order.
If only one state issued a support order, UIFSA may prohibit another state from issuing a new order. If two or more states issued orders, the order that has priority must be decided and a Determination of Controlling Order entered before support can be enforced or changed by another state.
The law also allows the Friend of the Court to help a resident payee (person entitled to support) to register an out-of-state order for enforcement only, modification only, or enforcement and modification in the state that has the authority to take the requested action. The Friend of the Court can also help a resident payer (person ordered to pay support) to have an out-of-state order modified in another state.
If both parties with an out-of-state order reside in Michigan and one of the parties resides in Oakland County, either party may contact the Friend of the Court to register the order for enforcement and modification in our court.
The Friend of the Court also receives requests from other states to register out-of- state orders for enforcement only, modification only, or enforcement and modification.

Redirection of Support (IROS) 

If there is no Michigan order, but there is an out-of-state order, a resident payee may request the Friend of the Court to inform the source of payments to redirect the payments to the Friend of the Court. A case is filed at the Clerk's Office, and the Friend of the Court will receive, record, disburse, and monitor the payments. The law explicitly states that the filing of a case for this purpose is not considered registration and does not allow the Friend of the Court the authority to enforce or modify the other state's order.
If there is no Oakland County case, a resident payer or payee with an out-of-state order may contact the Oakland County Friend of the Court Interstate Unit at 248-858-0453 to start an interstate action.
Please note: The UIFSA law does not cover parenting time and custody issues. These issues fall under the Uniform Child Custody Jurisdiction Act (UCCJA). Therefore, the Friend of the Court Interstate Unit cannot assist parties with these issues.