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

(f) This [Act] [act] does not create or negate a relationship of attorney and client or other
fiduciary relationship between a support enforcement agency or the attorney for the agency and
the individual being assisted by the agency.
Legislative Note: The state legislature may adopt Alternative A at any time in order to maintain
the practice under current law.
The state legislature may choose to adopt Alternative B if the federal legislation enabling
the entry into force of the Convention contains a provision authorizing an option for the state
enforcement agency to accept or reject an application for services originating in a foreign
country that is not a country defined in Section 102(5)(A) or (D), a foreign reciprocating country
or a foreign treaty country respectively.
Comment
At the time this comment is being written, it is unclear whether Alternative A or
Alternative B of subsection (a) will be available in their present form. The focus of subsection
(a) is on providing services to a petitioner. Either the obligee or the obligor may request services,
and that request may be in the context of the establishment of an initial child-support order,
enforcement or review and adjustment of an existing child-support order, or a modification of
that order (upward or downward). Note that the section does not distinguish between child
support and spousal support for purposes of providing services. Note also, the services available
may differ significantly; for example, modification of spousal support is limited to the issuing
tribunal. See Section 205(f).
Alternative A continues the longstanding rule that this state’s support enforcement
agency shall provide services upon request to a petitioner seeking relief under this act. Under
Alternative B, the support agency may exercise discretion to provide or not provide assistance to
an applicant: (1) from a reciprocating country or Convention country who does not apply through
the Central Authority of his or her own country, but rather applies directly to the support
enforcement agency; and (2) residing overseas in a country other than a reciprocating country or
Convention country. The lack of services, of course, may impact the means by which an
individual is able to obtain assistance in pursuing an action in the appropriate tribunal.
Alternative B, which leaves the matter to state legislative choice rather than federal
policy, will be available only if an enabling statute for the Convention authorizes such discretion
by state enforcement agencies.
Subsection (b) responds to the past complaints of many petitioners that they were not
properly kept informed about the progress of their requests for services.
Subsection (c) is a procedural clarification reflecting actual practice of the support
agencies developed after years of experience with the act. It imposes a duty on all support
enforcement agencies to facilitate the UIFSA one-order world by actively searching for cases
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