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

(8) an individual who has been ordered to pay child support in a previous
proceeding and the order has not been reversed or vacated.
(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of
support, the tribunal shall issue a support order directed to the obligor and may issue other orders
pursuant to Section 305.
Comment
This section authorizes a responding tribunal of this state to issue temporary and
permanent support orders binding on an obligor over whom the tribunal has personal jurisdiction
when the person or entity requesting the order is “outside this state,” i.e., anywhere else in the
world. UIFSA does not permit such orders to be issued when another support order entitled to
recognition exists, thereby prohibiting a second tribunal from establishing another support order
and the accompanying continuing, exclusive jurisdiction over the matter. See sections 205 and
206.
Related to Convention: art. 11. Application contents; art. 14. Effective access to
procedures; art. 15. Free legal assistance for child support applications; art. 16. Declaration to
permit use of child-centered means test; art. 17. Applications not qualifying under 15 or 16; art.
20. Bases for recognition and enforcement; art. 25. Documents; art. 27. Findings of fact; art. 28.
No review of the merits; art. 37. Direct requests to competent authorities; art. 56. Transitional
provisions.
SECTION 402. PROCEEDING TO DETERMINE PARENTAGE. A tribunal of
this state authorized to determine parentage of a child may serve as a responding tribunal in a
proceeding to determine parentage of a child brought under this [act] or a law or procedure
substantially similar to this [act].
Comment
This article authorizes a “pure” parentage action in the interstate context, i.e., an action
not joined with a claim for support. The mother, an alleged father of a child, or a support
enforcement agency may bring such an action. Typically an action to determine parentage across
a state line or international border will also seek to establish a support order. See Section 401. An
action to establish parentage under UIFSA is to be treated identically to such an action brought in
the responding state.
In a departure from the rest of this act, in UIFSA (2001) the term “tribunal” was replaced
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