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

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(1) a foreign support order; (2) a foreign tribunal; or (3) an obligee, obligor, or child residing in a foreign country. (b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of [Articles] 1 through 6. (c) [Article] 7 applies only to a support proceeding under the Convention. In such a proceeding, if a provision of [Article] 7 is inconsistent with [Articles] 1 through 6, [Article] 7 controls. Comment Four distinct entities are defined as a “foreign country” with tribunals entering a “foreign support order”; see Section 102(5). Only one of these, a country “in which the Convention is in force with respect to the United States,” will be subject to Article 7. These countries may require special attention. If the terms of the Convention and the terms of this act, including Article 7, are in conflict, the provision of the Convention controls. With regard to the other three statutory definitions of a “foreign country,” all the terms, this act in articles 1 through 6 control. After the Convention comes into force in the United States, a body of case law may develop to resolve unanticipated differences between this act and the Convention. 72
ARTICLE 2 JURISDICTION SECTION 201. BASES FOR JURISDICTION OVER NONRESIDENT. (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this State state may exercise personal jurisdiction over a nonresident individual [or the individual’s guardian or conservator] if: (1) the individual is personally served with [citation, summons, notice] within this State state; (2) the individual submits to the jurisdiction of this State state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (3) the individual resided with the child in this State state; (4) the individual resided in this State state and provided prenatal expenses or support for the child; (5) the child resides in this State state as a result of the acts or directives of the individual; (6) the individual engaged in sexual intercourse in this State state and the child may have been conceived by that act of intercourse; (7) [the individual asserted parentage of a child in the [putative father registry] maintained in this State state by the [appropriate agency]; or (8)] there is any other basis consistent with the constitutions of this State state and the United States for the exercise of personal jurisdiction. (b) The bases of personal jurisdiction set forth in subsection (a) or in any other law of this 73
Page 1 and 2: SUBMITTED BY THE FAMILY LAW SECTION
Page 3 and 4: EXHIBIT A UNIFORM INTERSTATE FAMILY
Page 5 and 6: DRAFTING COMMITTEE ON AMENDMENTS TO
Page 7 and 8: UNIFORM INTERSTATE FAMILY SUPPORT A
Page 9 and 10: SECTION 606. PROCEDURE TO CONTEST V
Page 13 and 14: Uniform Interstate Family Support A
Page 15 and 16: Beginning in June 2003, and continu
Page 19 and 20: country in an initiating State from
Page 21 and 22: (19) (24) “Responding tribunal”
Page 23 and 24: Subsection (3) “Convention,” id
Page 25 and 26: The vast bulk of child support esta
Page 27: order from a nation state that is e
Page 31 and 32: Under RURESA, multiple support orde
Page 33 and 34: For example, a challenge to a reque
Page 35 and 36: country; (2) the contesting party t
Page 37 and 38: a child-support order of a tribunal
Page 39 and 40: SECTION 206. CONTINUING JURISDICTIO
Page 41 and 42: is an individual shall determine wh
Page 43 and 44: personal jurisdiction over the obli
Page 45 and 46: of equal dignity. In allocating pay
Page 47 and 48: this State state has continuing, ex
Page 49 and 50: individual petitioner requesting af
Page 51 and 52: Comment Subsection (a) was designed
Page 53 and 54: support order is based. (d) A respo
Page 55 and 56: enforcement agency will also assist
Page 57 and 58: (f) This [Act] [act] does not creat
Page 59 and 60: SECTION 309. PRIVATE COUNSEL. An in
Page 61 and 62: documents must conform substantiall
Page 63 and 64: hearing is presumed to have been re
Page 65 and 66: tribunal must give effect to such a
Page 67 and 68: substantive law should apply. Becau
Page 69 and 70: certified statement by the custodia
Page 71 and 72: (8) an individual who has been orde
Page 73 and 74: ARTICLE 5 ENFORCEMENT OF SUPPORT OR
Page 75 and 76: (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 and 128:
ORDER. SECTION 711. MODIFICATION OF
Page 129 and 130:
Convention source: art. 38. Protect
Page 131 and 132:
SECTION 802. CONDITIONS OF RENDITIO
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2008 Amendments to the Uniform Interstate Family Support Act ...

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