2008 Amendments to the Uniform Interstate Family Support Act ...

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Convention order was founded on child-based jurisdiction, the foreign tribunal lacked personal jurisdiction over the obligor, and there is a request to establish an order in accordance with Section 708. Convention source: art. 18. Limit on proceedings; art. 21. Severability and partial recognition and enforcement. Related to Convention: art. 18. Limit on proceedings; art. 20. Bases for recognition and enforcement. SE C T I ON 712. PE R SONA L INFORMATION; LIMIT ON USE. Personal information gathered or transmitted under this [article] may be used only for the purposes for which it was gathered or transmitted. Comment This section is an almost word-for-word tracking of the Convention provision, rephrased in UIFSA terminology. This single sentence is illustrative of the different drafting rules for a uniform act and an international treaty. Although certainly not always adhered to, cardinal rules for drafting a uniform act include writing in the active voice, identifying the intended actor, and specifying the consequences for failure to follow the directive or ignore the proscription. Convention provisions, such as this one, are generally written in passive voice, the actor is not identified, and no penalty is specified for noncompliance. Insofar as the admirable goals of the provision are concerned, ambiguity in the statute, or an exception to the rule, must be resolved case-by-case. Confidentiality is highly prized in the United States in many circumstances, e.g., the attorney-client privilege is protected to the maximum extent possible. Under other circumstances, the opposite is true, e.g., records of litigation are generally available, and a judicial decision is ordinarily in open court or public record. Neither goal is absolute. Section 312, supra, adds another exception, i.e., nondisclosure of information is sometimes required to protect the health, safety, or liberty of a party or a child. In a case in which there is a risk of domestic violence or parental kidnapping, nondisclosure may be crucial. The anticipated breadth of application of this provision is to constrain individuals and entities subject to a Convention support order. Protection of personal information in this computerized world is increasingly important, whatever the medium or means of communication. Both the sender and recipient of personal information transmitted electronically are expected to take appropriate measures vis-à-vis their service providers to meet the requirements of this section. The exact meaning of the statutory phrase “for the purpose for which it was gathered or transmitted” will necessarily remain ambiguous until elaborated by statute, caselaw, or regulation. 172
Convention source: art. 38. Protection of personal data. SE C T I ON 713. RECORD IN ORIGINAL LANGUAGE; ENGLISH TRANSLATION. A record filed with a tribunal of this state under this [article] must be in the original language and, if not in English, must be accompanied by an English translation. Comment The United States will declare that English is the official language for transmittals to this country. Further, the United States will make a reservation objecting to the use of French, the other official language of the Convention, as a default translation. Of course, the original order may be in French. The cost of translation is borne by the issuing state or Convention country. Convention source: art. 44. Language requirements; art. 62. Reservations; art. 63. Declarations. Related to Convention: art. 45. Means and costs of translation. 173
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SUBMITTED BY THE FAMILY LAW SECTION
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EXHIBIT A UNIFORM INTERSTATE FAMILY
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DRAFTING COMMITTEE ON AMENDMENTS TO
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UNIFORM INTERSTATE FAMILY SUPPORT A
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SECTION 606. PROCEDURE TO CONTEST V
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Uniform Interstate Family Support A
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Beginning in June 2003, and continu
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country in an initiating State from
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(19) (24) “Responding tribunal”
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Subsection (3) “Convention,” id
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The vast bulk of child support esta
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order from a nation state that is e
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ARTICLE 2 JURISDICTION SECTION 201.
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Under RURESA, multiple support orde
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For example, a challenge to a reque
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country; (2) the contesting party t
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a child-support order of a tribunal
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SECTION 206. CONTINUING JURISDICTIO
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is an individual shall determine wh
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personal jurisdiction over the obli
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of equal dignity. In allocating pay
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this State state has continuing, ex
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individual petitioner requesting af
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Comment Subsection (a) was designed
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support order is based. (d) A respo
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enforcement agency will also assist
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(f) This [Act] [act] does not creat
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SECTION 309. PRIVATE COUNSEL. An in
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documents must conform substantiall
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hearing is presumed to have been re
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tribunal must give effect to such a
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substantive law should apply. Becau
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certified statement by the custodia
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(8) an individual who has been orde
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ARTICLE 5 ENFORCEMENT OF SUPPORT OR
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(3) medical support, whether in the
Page 77 and 78: Subsection (c)(3) provides that med
Page 79 and 80: SE C T I ON 506. CONTEST BY OBL IGO
Page 81 and 82: support enforcement agency shall re
Page 83 and 84: enforceable in the responding state
Page 85 and 86: Convention. Because child-support e
Page 87 and 88: SECTION 604. CHOICE OF LAW. (a) Exc
Page 89 and 90: identical manner as all other oblig
Page 91 and 92: the order (roughly the equivalent o
Page 93 and 94: to vacate the registration has the
Page 95 and 96: precludes the nonregistering party
Page 97 and 98: (1) the following requirements are
Page 99 and 100: The underlying policies of this pro
Page 101 and 102: continuing, exclusive jurisdiction
Page 103 and 104: SE C T I ON 613. JURISDICTION TO MO
Page 105 and 106: pursuant to this section is the con
Page 107 and 108: ARTICLE 7 DETERMINATION OF PARENTAG
Page 109 and 110: ehalf of a child, made through a ce
Page 111 and 112: SE C T I ON 702. APPLICABILITY. Thi
Page 113 and 114: country. (d) A tribunal of this sta
Page 115 and 116: in a Convention country and to an i
Page 117 and 118: interstate child support orders. To
Page 119 and 120: and partial recognition and enforce
Page 121 and 122: might raise a challenge based on la
Page 123 and 124: such rules permitted under the Conv
Page 125 and 126: egistered partner in a Convention c
Page 127: ORDER. SECTION 711. MODIFICATION OF
Page 131 and 132: SECTION 802. CONDITIONS OF RENDITIO
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