Choice of Law: Which Guideline Applies

When more than one state has touched a case, the first question is always: whose law controls what?

The controlling state

The issuing state's guidelines govern the amount and duration as long as it retains continuing exclusive jurisdiction (CEJ). Once a state with proper jurisdiction validly modifies the order, that new state's law governs the amount going forward.

Procedures vs. substance

The enforcing state's rules apply to the mechanics — garnishment limits, employer deadlines, lien recording, and license suspension. Interest on arrears varies: some states apply the issuing state's rate to arrears that accrued there, others the enforcing state's rate after registration. Duration triggers like age of majority may still follow the original state's law.

Draft it out

A good order names the controlling state, cites the guideline used, and specifies the interest rate and application-of-payment rules — which is what prevents the confusion in the first place.

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