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

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information concerning <strong>the</strong> laws, <strong>the</strong> legal effect of a judgment, decree, or order of that tribunal,<br />

and <strong>the</strong> status of a proceeding in <strong>the</strong> o<strong>the</strong>r State or foreign country or political subdivision. A<br />

tribunal of this State state may furnish similar information by similar means <strong>to</strong> a tribunal of<br />

ano<strong>the</strong>r outside this State state or foreign country or political subdivision.<br />

Comment<br />

This section explicitly authorizes a state tribunal <strong>to</strong> communicate with a tribunal of<br />

ano<strong>the</strong>r state or in a foreign nation. It was derived from UCCJA § 7(d) authorizing such<br />

communications <strong>to</strong> facilitate a fully informed decision. The amendment in UIFSA (<strong>2008</strong>) not<br />

only expands <strong>the</strong> authorization <strong>to</strong> worldwide scope, i.e., “outside this state,” but specifically adds<br />

email <strong>to</strong> <strong>the</strong> select modes of communication. Broad cooperation by tribunals is strongly<br />

encouraged in order <strong>to</strong> expedite establishment and enforcement of a support order. American<br />

judges are very familiar with this procedure. It remains <strong>to</strong> be seen whe<strong>the</strong>r overseas<br />

communication between judges will be received with similar cooperation.<br />

and<br />

SECTION 318. ASSISTANCE WITH DISCOVERY. A tribunal of this state may:<br />

(1) request a tribunal of ano<strong>the</strong>r outside this State state <strong>to</strong> assist in obtaining discovery;<br />

(2) upon request, compel a person over whom which it has jurisdiction <strong>to</strong> respond <strong>to</strong> a<br />

discovery order issued by a tribunal of ano<strong>the</strong>r outside this State state.<br />

Comment<br />

This section takes a logical step <strong>to</strong> facilitate interstate and international cooperation by<br />

enlisting <strong>the</strong> power of <strong>the</strong> forum <strong>to</strong> assist a tribunal of ano<strong>the</strong>r state or country with <strong>the</strong> discovery<br />

process. The grant of authority is quite broad, enabling <strong>the</strong> tribunal of <strong>the</strong> enacting state <strong>to</strong><br />

fashion its remedies <strong>to</strong> facilitate discovery consistent with local practice.<br />

SECTION 319. RECEIPT AND DISBURSEMENT OF PAYMENTS.<br />

(a) A support enforcement agency or tribunal of this State state shall disburse promptly<br />

any amounts received pursuant <strong>to</strong> a support order, as directed by <strong>the</strong> order. The agency or<br />

tribunal shall furnish <strong>to</strong> a requesting party or tribunal of ano<strong>the</strong>r State state or a foreign country a<br />

112

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