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

ecognize and enforce, but may not modify, a registered support order if the issuing tribunal had
jurisdiction.
Comment
Initially the text of the registration procedure under UIFSA (1992) was nearly identical to
that set forth in RURESA. But, the intent of UIFSA registration was always radically different.
Under UIFSA, registration of a support order of State A continues to be an order of that state,
which is to be enforced by a tribunal of State B. The ordinary rules of evidence and procedure of
State B apply to hearings, except as local law may be supplemented or specifically superseded by
other local law, i.e., UIFSA. The purpose of the registration procedure in sections 601 through
604 is that the order being registered remains a State A order until modified.
First, note that subsection (a) is phrased in the passive voice; “A support order . . . is
registered when the order is filed in the registering tribunal . . . .” This drafting is deliberate. By
indirection, in effect UIFSA provides that either the obligor, the obligee, or a support
enforcement agency, may register a support order of another state or a foreign support order. In
fact, even a stranger to the litigation, for example a grandparent or an employer of an alleged
obligor, may register a support order. Presumptively, the order registered is the valid, controlling
order. If not, the act depends on the respondent to contest the registration. See sections 605
through 608.
Subsection (b) provides that a support order of another state or a foreign support order is
to be enforced and satisfied in the same manner as if it had been issued by a tribunal of the
registering state. Conceptually, the responding tribunal is enforcing the order of a tribunal of
another state or a foreign support order, not its own order.
Subsection (c) mandates enforcement of the registered order, but forbids modification
unless the terms of sections 609 through 614 are met. Under UIFSA there will be only one order
in existence at any one time. That order is enforceable in a responding state irrespective of
whether the order may be modified. In most instances, a child-support order will be subject to the
continuing, exclusive jurisdiction of the issuing tribunal. Sometimes the issuing tribunal will not
be able to exercise its authority to modify the order because neither the child nor the parties
reside in the issuing state. Nonetheless, the order may be registered and is fully enforceable in a
responding state until the potential for modification actually occurs in accordance with the strict
terms for such a proceeding. See Section 611. Thus, the registering tribunal always must bear in
mind that the enforcement procedures taken, whether to enforce current support or to assist
collecting current and future arrears and interest, are made on behalf of the issuing tribunal, and
are not a modification of the controlling order.
Related to Convention: art. 11. Application contents; art. 20. Bases for recognition and
enforcement; art. 21. Severability and partial recognition and enforcement; art. 22. Grounds for
refusing recognition and enforcement; art. 23. Procedure on an application for recognition and
enforcement; art. 25. Documents.
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