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

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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 106
hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. Comment Under UIFSA either the obligor or the obligee may file a proceeding or seek services from a support enforcement agency, Subsection (a) permits either party to file without payment of a filing fee or other costs. Subsection (b), however, provides that only the support obligor may be assessed the authorized costs and fees. Subsection (c) provides a sanction to deal with a frivolous contest regarding compliance with an interstate withholding order, registration of a support order, or comparable delaying tactics regarding an appropriate enforcement remedy. Related to Convention: art. 14. Effective access to procedures; art. 43. Recovery of costs. SECTION 314. LIMITED IMMUNITY OF [PETITIONER]. (a) Participation by a [petitioner] in a proceeding under this [Act] [act] before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the [petitioner] in another proceeding. (b) A [petitioner] is not amenable to service of civil process while physically present in this State state to participate in a proceeding under this [Act] [act]. (c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this [Act] [act] committed by a party while physically present in this State state to participate in the proceeding. Comment Under subsection (a), direct or indirect participation in a UIFSA proceeding does not subject a petitioner to an assertion of personal jurisdiction over the petitioner by the forum state in other litigation between the parties. The primary object of this prohibition is to preclude joining disputes over child custody and visitation with the establishment, enforcement, or modification of child support. This prohibition strengthens the ban on visitation litigation established in Section 305(d). A petition for affirmative relief under UIFSA limits the jurisdiction of the tribunal to the boundaries of the support proceeding. In sum, proceedings under UIFSA are not suitable vehicles for the relitigation of all of the issues arising out of a foreign divorce or custody 107
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SUBMITTED BY THE FAMILY LAW SECTION
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EXHIBIT A UNIFORM INTERSTATE FAMILY
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DRAFTING COMMITTEE ON AMENDMENTS TO
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UNIFORM INTERSTATE FAMILY SUPPORT A
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SECTION 606. PROCEDURE TO CONTEST V
Page 11 and 12: UNIFORM INTERSTATE FAMILY SUPPORT A
Page 13 and 14: Uniform Interstate Family Support A
Page 15 and 16: Beginning in June 2003, and continu
Page 17 and 18: UNIFORM INTERSTATE FAMILY SUPPORT A
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 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: documents must conform substantiall
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
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in a Convention country and to an i
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interstate child support orders. To
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and partial recognition and enforce
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might raise a challenge based on la
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such rules permitted under the Conv
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egistered partner in a Convention c
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ORDER. SECTION 711. MODIFICATION OF
Page 129 and 130:
Convention source: art. 38. Protect
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SECTION 802. CONDITIONS OF RENDITIO
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2008 Amendments to the Uniform Interstate Family Support Act ...

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