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

More documents

Recommendations

Info

information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other State or foreign country or political subdivision. A tribunal of this State state may furnish similar information by similar means to a tribunal of another outside this State state or foreign country or political subdivision. Comment This section explicitly authorizes a state tribunal to communicate with a tribunal of another state or in a foreign nation. It was derived from UCCJA § 7(d) authorizing such communications to facilitate a fully informed decision. The amendment in UIFSA (2008) not only expands the authorization to worldwide scope, i.e., “outside this state,” but specifically adds email to the select modes of communication. Broad cooperation by tribunals is strongly encouraged in order to expedite establishment and enforcement of a support order. American judges are very familiar with this procedure. It remains to be seen whether overseas communication between judges will be received with similar cooperation. and SECTION 318. ASSISTANCE WITH DISCOVERY. A tribunal of this state may: (1) request a tribunal of another outside this State state to assist in obtaining discovery; (2) upon request, compel a person over whom which it has jurisdiction to respond to a discovery order issued by a tribunal of another outside this State state. Comment This section takes a logical step to facilitate interstate and international cooperation by enlisting the power of the forum to assist a tribunal of another state or country with the discovery process. The grant of authority is quite broad, enabling the tribunal of the enacting state to fashion its remedies to facilitate discovery consistent with local practice. SECTION 319. RECEIPT AND DISBURSEMENT OF PAYMENTS. (a) A support enforcement agency or tribunal of this State state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another State state or a foreign country a 112
certified statement by the custodian of the record of the amounts and dates of all payments received. (b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this State state, upon request from the support enforcement agency of this State state or another State state, [the support enforcement agency of this State state or] a tribunal of this State state shall: (1) direct that the support payment be made to the support enforcement agency in the State state in which the obligee is receiving services; and (2) issue and send to the obligor’s employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments. (c) The support enforcement agency of this State state receiving redirected payments from another State state pursuant to a law similar to subsection (b) shall furnish to a requesting party or tribunal of the other State state a certified statement by the custodian of the record of the amount and dates of all payments received. Comment The first sentence of subsection (a) is truly hortatory in nature, although its principle is implemented insofar as support enforcement agencies are concerned by federal regulations promulgated by the Office of Child Support Enforcement (OCSE). The second sentence confirms the duty of the agency or tribunal to furnish payment information in interstate or international cases. As an exception to the usual provisions in Article 3, subsections (b) and (c) are applicable only to interstate cases. The procedure described was inspired by the Office of Child Support Enforcement (OCSE), U.S. Department of Health and Human Services, which is designed to speed up receipt of support payments. Support enforcement agencies are directed to cooperate in the efficient and expeditious collection and transfer of child support from obligor to obligee. States may choose whether only the tribunal that issued the support order may order redirection of support payments or the support enforcement agency of the state that issued the support order is also authorized to render such an order. Under either approach, the request for such redirection may be made only by a Title IV-D support enforcement agency subject to federal regulations regarding payment of child support through a state disbursement unit. The basic idea is that redirection of payments will be facilitated, with the proviso that the issuing tribunal be kept informed as to the disposition of the payments made under its order. 113
Page 1 and 2:
SUBMITTED BY THE FAMILY LAW SECTION
Page 3 and 4:
EXHIBIT A UNIFORM INTERSTATE FAMILY
Page 5 and 6:
DRAFTING COMMITTEE ON AMENDMENTS TO
Page 7 and 8:
UNIFORM INTERSTATE FAMILY SUPPORT A
Page 9 and 10:
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 and 62: documents must conform substantiall
Page 63 and 64: hearing is presumed to have been re
Page 65 and 66: tribunal must give effect to such a
Page 67: substantive law should apply. Becau
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
Page 115 and 116: in a Convention country and to an i
Page 117 and 118: interstate child support orders. To
Page 119 and 120:
and partial recognition and enforce
Page 121 and 122:
might raise a challenge based on la
Page 123 and 124:
such rules permitted under the Conv
Page 125 and 126:
egistered partner in a Convention c
Page 127 and 128:
ORDER. SECTION 711. MODIFICATION OF
Page 129 and 130:
Convention source: art. 38. Protect
Page 131 and 132:
SECTION 802. CONDITIONS OF RENDITIO
show all

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

Create successful ePaper yourself

Delete template?

Save as template?