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Child Support Enforcement - Sarpy County Nebraska

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<strong>Nebraska</strong> has signed reciprocity agreements for the establishment and enforcement of<br />

child support orders with the following nations: Australia, Canada (the provinces of Alberta,<br />

British Columbia, Manitoba, New Brunswick, Northwest Territories, Newfoundland/Labrador,<br />

Northwest Territories, Nova Scotia, Nunavut, Ontario, Saskatchewan and Yukon), the Czech<br />

Republic, El Salvador, France, Germany, Hungary, Ireland, portions of Mexico (27 individual<br />

states), The Netherlands, Norway, Poland, Portugal, the Slovak Republic, Sweden, Scotland,<br />

Switzerland , The United Kingdom (England, Northern Ireland, Wales) and Yap. (Also see this<br />

State Dept. Link; note that it admits it may be out-of-date.) Working international support cases<br />

with countries not on this list is also possible if no one objects and you obtain the cooperation of<br />

the other nation’s child support system.<br />

An extremely useful 77 page guide for workers/attorneys who share cases with Canada<br />

may be found at http://www.acf.hhs.gov/programs/cse/pol/IM/2011/im-11-01a.pdf In addition,<br />

the Canadian Department of Justice has a useful link describing their child support laws, written<br />

in layman’s terminology: http://www.justice.gc.ca/eng/pi/fcy-fea/sup-pen/index.html<br />

Note: Additional resources relating to International <strong>Child</strong> <strong>Support</strong> (Maintenance), including a<br />

treatise on currency conversion, and a PowerPoint presentation on International <strong>Child</strong> <strong>Support</strong>, may<br />

be obtained by emailing Bill MacKenzie at Billm @sarpy.com.<br />

II. Full Faith & Credit issues<br />

Many European nations (plus Canada, Argentina and parts of Mexico) apply their<br />

marriage laws without regard to gender. Same sex divorces will ultimately find their way<br />

into the mix of cases we are asked to enforce. See the Same Sex Marriage<br />

subheading for more information in this regard.<br />

In November 2007 an International Protocol affecting maintenance for children<br />

was concluded by the Hague Conference on Private International Law. The<br />

organization is described as being “The World Organisation for Cross-border Cooperation<br />

in Civil and Commercial Matters.” You can read a helpful overview of the<br />

organization here as well as their FAQ page.<br />

Of particular interest to the child support community would be the following<br />

agreements/documents, concluded in November 2007:<br />

CONVENTION ON THE INTERNATIONAL RECOVERY OF CHILD SUPPORT<br />

AND OTHER FORMS OF FAMILY MAINTENANCE, (PDF Version);<br />

An Outline of the above document; and the<br />

PROTOCOL ON THE LAW APPLICABLE TO MAINTENANCE OBLIGATIONS<br />

(PDF version)<br />

The United States is a signatory to the Protocol and<br />

Convention, however the treaty has yet to be submitted to the<br />

U.S. Senate for ratification; this may occur late in 2008. The<br />

individual states will also have to update their UIFSA laws to<br />

dovetail with the provisions contained in the Convention, before it<br />

will be enacted. To date no other nation has ratified the<br />

Convention, which will also be required before it takes effect.<br />

III. Currency Conversion issues<br />

Federal court rulings have long held that all judgments set by<br />

courts in the United States should to be paid in dollars, and not in<br />

foreign currency. This solves some potential problems, but can lead to<br />

other issues. When we register foreign child support orders for<br />

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