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

More documents

Recommendations

Info

(3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and (4) of the amount of any alleged arrearages. (c) If the registering party asserts that two or more orders are in effect, a notice must also: (1) identify the two or more orders and the order alleged by the registering person party to be the controlling order and the consolidated arrears, if any; controlling order; (2) notify the nonregistering party of the right to a determination of which is the (3) state that the procedures provided in subsection (b) apply to the determination of which is the controlling order; and (4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order. (d) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor’s employer pursuant to [the income-withholding law of this State state]. Comment Subsection (a) requires the registering tribunal to provide notice to the nonregistering party of the effect of registration. After such notice is given, absent a successful contest by the nonregistering party, the order will be confirmed and future contest will be precluded. The notice contemplates far more than merely announcing an intent to initiate enforcement of an existing support order. The registered order or orders and other relevant documents and information must accompany the notice, including details about the alleged arrears. Subsection (b) provides the nonregistering party with a wealth of information about the proceeding, including that: (1) the order is immediately enforceable; (2) a hearing must be requested within a relatively short time; (3) failure to contest “will result” in a confirmation of 134
the order (roughly the equivalent of a default judgment); and (4) the amount of arrears, if any. Initially subsection (b) made the suggestion, via brackets, that [20] days be the time within which a request for a hearing to contest the support order be made. The rationale for this relatively short period was that the matter had already been litigated, and the obligor had already had the requisite “day in court,” and was allegedly in default of a known order. Moreover, advocates of child-support enforcement stressed the necessity of quick resolution of an instance of nonsupport. On the other hand, the Convention requires notice of hearing to be within a fixed time of 30 days, and further a fixed time of 60 days if the respondent resides in a foreign country. See Convention Article 23(a). This difference between UIFSA and the Convention is accommodated in Section 707. The time frame for notice of registration for an interstate support order and a foreign support order not subject to the Convention will be established by local law. Subsection (c) is the correlative to Section 602 regarding the notice to be given to the nonregistering party if determination of a controlling order must be made because of the existence of two or more child-support orders. The petitioner requesting this affirmative relief is directed to identify the order alleged to be controlling under Section 207. Subsection (d) states the obvious; the obligor’s employer also must be notified if income is to be withheld. Related to Convention: art. 20. Bases for recognition and enforcement; art. 23. Procedure on an application for recognition and enforcement. SECTION 606. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGISTERED SUPPORT ORDER. (a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this State state shall request a hearing within [20] days after notice of the registration the time required by Section 605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Section 607. (b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law. (c) If a nonregistering party requests a hearing to contest the validity or enforcement of 135
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:
Page 13 and 14:
Uniform Interstate Family Support A
Page 15 and 16:
Beginning in June 2003, and continu
Page 17 and 18:
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 and 68: substantive law should apply. Becau
Page 69 and 70: certified statement by the custodia
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: identical manner as all other oblig
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 ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?