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

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Related to Convention: art. 19. Scope of the Chapter. SECTION 207. DETERMINATION OF CONTROLLING CHILD-SUPPORT ORDER. (a) If a proceeding is brought under this [Act] [act] and only one tribunal has issued a child-support order, the order of that tribunal controls and must be so recognized. (b) If a proceeding is brought under this [Act] [act], and two or more child-support orders have been issued by tribunals of this State state, another State state, or a foreign country with regard to the same obligor and same child, a tribunal of this State state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized: (1) If only one of the tribunals would have continuing, exclusive jurisdiction under this [Act] [act], the order of that tribunal controls and must be so recognized. (2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this [Act] [act]: (A) an order issued by a tribunal in the current home State state of the child controls; but or (B) if an order has not been issued in the current home State state of the child, the order most recently issued controls. (3) If none of the tribunals would have continuing, exclusive jurisdiction under this [Act] [act], the tribunal of this State state shall issue a child-support order, which controls. (c) If two or more child-support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this State state having personal jurisdiction over both the obligor and the obligee who 84
is an individual shall determine which order controls under subsection (b). The request may be filed with a registration for enforcement or registration for modification pursuant to [Article] 6, or may be filed as a separate proceeding. (d) A request to determine which is the controlling order must be accompanied by a copy of every child-support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (e) The tribunal that issued the controlling order under subsection (a), (b), or (c) has continuing jurisdiction to the extent provided in Section 205 or 206. (f) A tribunal of this State state that determines by order which is the controlling order under subsection (b)(1) or (2) or (c), or that issues a new controlling order under subsection (b)(3), shall state in that order: (1) the basis upon which the tribunal made its determination; (2) the amount of prospective support, if any; and (3) the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by Section 209. (g) Within [30] days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. (h) An order that has been determined to be the controlling order, or a judgment for 85
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 and 28: order from a nation state that is e
Page 29 and 30: ARTICLE 2 JURISDICTION SECTION 201.
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: SECTION 206. CONTINUING JURISDICTIO
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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