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

individual petitioner requesting affirmative relief under this act submits to the personal
jurisdiction of the tribunal. Subsection (b) also continues reference to the basic two-state
procedure long employed by the former reciprocal acts to establish a support order in the
interstate context, but expands it to recognize foreign countries. Direct filing of a petition in a
state tribunal by an individual or a support enforcement agency without reference to an initiating
tribunal in another state was introduced by UIFSA (1992). Although the filing of a petition in an
initiating tribunal to be forwarded to a responding tribunal is still recognized as an available
procedure, the direct filing procedure has proven to be one of the most significant improvements
in efficient interstate case management. The promulgation and use of the federally mandated, or
substantially conforming, forms, Section 311(b), further serves to eliminate any role for the
initiating tribunal. Incidentally, the Convention contains approved forms for use in Convention
cases processed through a Central Authority.
Related to Convention: art. 2. Scope; art. 10. Available applications; art. 19. Scope of the
chapter; art. 20. Bases for recognition and enforcement; art. 32. Enforcement under internal law;
art. 33. Non-discrimination; art. 34. Enforcement measures; 37. Direct requests to competent
authorities.
SECTION 302. PROCEEDING BY MINOR PARENT. A minor parent, or a
guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of
or for the benefit of the minor’s child.
Comment
A minor parent may maintain a proceeding under UIFSA without the appointment of a
guardian ad litem, even if the law of the forum jurisdiction requires a guardian for an in-state
case. If a guardian or legal representative has been appointed, he or she may act on behalf of the
minor's child in seeking support.
SECTION 303. APPLICATION OF LAW OF STATE. Except as otherwise provided
in this [Act] [act], a responding tribunal of this State state shall:
(1) apply the procedural and substantive law generally applicable to similar proceedings
originating in this State state and may exercise all powers and provide all remedies available in
those proceedings; and
(2) determine the duty of support and the amount payable in accordance with the law and
support guidelines of this State state.
93