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

Comment
UIFSA (1992) recognized that enforcement of child support across state lines might have
an unintended consequence of putting an obligee or child at risk if domestic violence was
involved in the past. This section is the latest version of the statutory formulation originally
developed in UIFSA (1992), see Uniform Child Custody Jurisdiction and Enforcement Act
§ 209. Public awareness of and sensitivity to the dangers of domestic violence has significantly
increased since interstate enforcement of support originated. This section authorizes
confidentiality in instances where there is a risk of domestic violence or child abduction. Section
712, infra, incorporates language from the Convention to restrict dissemination of personal
jurisdiction to protect victims of domestic violence.
Although local law generally governs the conduct of the forum tribunal, state law may
not provide for maintaining secrecy about the exact whereabouts of a litigant or other
information ordinarily required to be disclosed under state law, i.e., Social Security number of
the parties or the child. If so, this section creates a confidentiality provision that is particularly
appropriate in light of the intractable problems associated with interstate parental kidnapping, see
the Parental Kidnapping Prevention Act (PKPA), 28 U.S.C. § 1738A.
Related to Convention: art. 38. Protection of personal data; art. 39. Confidentiality; art.
40. Non-disclosure of information.
SECTION 313. COSTS AND FEES.
(a) The [petitioner] may not be required to pay a filing fee or other costs.
(b) If an obligee prevails, a responding tribunal of this state may assess against an obligor
filing fees, reasonable attorney’s fees, other costs, and necessary travel and other reasonable
expenses incurred by the obligee and the obligee’s witnesses. The tribunal may not assess fees,
costs, or expenses against the obligee or the support enforcement agency of either the initiating
or responding State state or foreign country, except as provided by other law. Attorney’s fees
may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the
order in the attorney’s own name. Payment of support owed to the obligee has priority over fees,
costs, and expenses.
(c) The tribunal shall order the payment of costs and reasonable attorney’s fees if it
determines that a hearing was requested primarily for delay. In a proceeding under [Article] 6, a
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