Legal Definitions - Uniform Reciprocal Enforcement of Support Act

The Uniform Reciprocal Enforcement of Support Act (URESA) was a significant model law developed in 1950, designed to address the complex issue of enforcing child support and spousal support orders across state lines. Before URESA, it was often difficult for a parent or former spouse to collect support payments if the obligor (the person ordered to pay) moved to a different state. URESA provided a legal framework that allowed states to cooperate, ensuring that a support order issued in one state would be recognized and enforced by courts in another state.

Its primary goal was to prevent individuals from avoiding their financial obligations by simply relocating. While URESA was a groundbreaking step, it has since been superseded by the Uniform Interstate Family Support Act (UIFSA), which further streamlined and improved these interstate enforcement processes.

Here are some examples illustrating how URESA would have applied:

• Scenario 1: Enforcing an existing order across state lines

  Imagine a situation where Maria lives in New York with her children, and her ex-husband, David, was ordered by a New York court to pay child support. David then moves to Florida and stops making payments. Under URESA, Maria could initiate a legal action in New York, and the New York courts would then transmit the case to Florida. The Florida courts would then assist in locating David and enforcing the existing child support order against him, ensuring he couldn't evade his responsibilities by moving.

• Scenario 2: Establishing a new support order when parents live in different states

  Consider Sarah, who lives in Ohio and has a child with Mark, who lives in Michigan. They were never married, and no support order was ever established. If Sarah wanted to obtain a child support order from Mark, URESA would have provided a mechanism for the Ohio courts to work with the Michigan courts. Ohio would initiate the process, and Michigan would then assist in establishing paternity (if needed) and issuing a child support order against Mark, even though he resided in a different state.

• Scenario 3: Modifying a support order when parties reside in different states

  Suppose Emily lives in Illinois and receives spousal support from her ex-husband, John, who lives in Indiana. John experiences a significant and permanent reduction in his income and believes he can no longer afford the current support amount. Under URESA, John could petition an Indiana court to modify the support order. The Indiana court would then coordinate with the Illinois court to review the circumstances and potentially adjust the support amount, ensuring that the modification was handled fairly and legally across state boundaries.