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

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SECTION 604. CHOICE OF LAW.<br />

(a) Except as o<strong>the</strong>rwise provided in subsection (d), <strong>the</strong> law of <strong>the</strong> issuing State state or<br />

foreign country governs:<br />

registered support order;<br />

(1) <strong>the</strong> nature, extent, amount, and duration of current payments under a<br />

(2) <strong>the</strong> computation and payment of arrearages and accrual of interest on <strong>the</strong><br />

arrearages under <strong>the</strong> support order; and<br />

(3) <strong>the</strong> existence and satisfaction of o<strong>the</strong>r obligations under <strong>the</strong> support order.<br />

(b) In a proceeding for arrears under a registered support order, <strong>the</strong> statute of limitation of<br />

this State state, or of <strong>the</strong> issuing State state or foreign country, whichever is longer, applies.<br />

(c) A responding tribunal of this State state shall apply <strong>the</strong> procedures and remedies of<br />

this State state <strong>to</strong> enforce current support and collect arrears and interest due on a support order<br />

of ano<strong>the</strong>r State state or a foreign country registered in this State state.<br />

(d) After a tribunal of this state or ano<strong>the</strong>r State state determines which is <strong>the</strong> controlling<br />

order and issues an order consolidating arrears, if any, a tribunal of this State state shall<br />

prospectively apply <strong>the</strong> law of <strong>the</strong> State state or foreign country issuing <strong>the</strong> controlling order,<br />

including its law on interest on arrears, on current and future support, and on consolidated<br />

arrears.<br />

Comment<br />

Subsection (a) is intended <strong>to</strong> clarify <strong>the</strong> wide range of subjects that are governed by <strong>the</strong><br />

choice-of-law rules established in this section. The task is <strong>to</strong> identify those aspects of <strong>the</strong> case for<br />

which local law is inapplicable. A basic principle of UIFSA is that throughout <strong>the</strong> process <strong>the</strong><br />

controlling order remains <strong>the</strong> order of <strong>the</strong> tribunal of <strong>the</strong> issuing state or foreign country until a<br />

valid modification. The responding tribunal only assists in <strong>the</strong> enforcement of that order. Absent<br />

a loss of continuing, exclusive jurisdiction by <strong>the</strong> issuing tribunal and a subsequent modification<br />

of <strong>the</strong> order, <strong>the</strong> order never becomes an order of a responding tribunal.<br />

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