UIFSA (13 QUESTIONS)

Question 1

What does UIFSA stand for

Answer 1

Uniform Interstate Family Support Act

Question 2

What period of time was did the Hague Convention work together on the International Recovery of Child Support and Other Forms of Family Maintenance?

Answer 2

From June 2003 - November 2007 - more than 70 countries got together to forge the a new Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

Question 3

When did the US sign the convention?

Answer 3

The Convention was signed by the United States at The Hague, Netherlands, on November 23, 2007

Question 4

What did the US’s signature to the Hague Convention represent?

Answer 4

This initial signature represents a commitment by the executive branch of the federal government to make a good faith effort to bring the Convention into force.

Question 5

Does the US’s signature of the treaty make it official?

Answer 5

No - it is not self executing and it required additional federal or state statutory enactments are necessary to enable the treaty and make it readily accessible to bench and bar.

Question 6

Why did state laws have to be created to address international support issues?

Answer 6

Because establishment, enforcement, and modification of family support are basically matters of state law

Question 7

What does UIFSA constitute?

Answer 7

UIFSA (2008) constitutes a limited, rather than comprehensive, revision of the act and it was designed to integrate the Convention into state law and not to amend the 2001 UIFSA in any significant way

Question 8

What revisions were incorporated into UIFSA 2008?

Answer 8

(1) integrate the requirements of the Convention into the current text of UIFSA articles 1 through 6 by adding “or a foreign country” when the desired actions and goals of both acts are congruent;

(2) adapt the language of the Convention to the current text of UIFSA articles 1 through 6 in order to make that language more comprehensible to the American bench and bar;

(3) draft a stand-alone article in UIFSA to direct a “tribunal of this state” on do’s and don’ts unique to the Convention support orders containing issues only applicable under the Convention; and

(4) omit the Convention text that need not be included in state law because it speaks only to “Contracting States,” i.e., the United States and the other Convention countries.

Question 9

Why does Congress deem it appropriate for States to adopt UIFSA

Answer 9

Since Congress funds state child support programs through title IV-D of the Social Security Act they deemed it appropriate to require states to adopt UIFSA as a condition for the continued receipt of federal funds

Question 10

When did the US give its advice and consent to ratify the treaty

Answer 10

September 29, 2010

Question 11

When was UIFSA signed into federal law?

Answer 11

Sept 29, 2014

Question 12

What did signing in UIFA into federal law in Sept 2014 effectively do?

Answer 12

It required all states to adopt UIFSA (2008) in 2015

Question 13

What steps must occur before the 2007 Family Maintenance Convention can enter into force for the United States?

Answer 13

1. All states must enact UIFSA 2008 verbatim by the effective date noted in P.L. 113-183. Where UIFSA 2008 has bracketed language, states may use terminology appropriate under state law. In addition, P.L. 113-183 requires states to make minor revisions to the state plan which OCSE will address in forthcoming guidance.
2. The President must sign the instrument of ratification.
3. Once these activities are completed, the United States will be able to deposit its instrument of ratification with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, which is the depositary for the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

Question 14

What happens once UIFSA 2008 is in effect in your state?

Answer 14

International cases will not be processed under Article 7 of UIFSA 2008 until the 2007 Family Maintenance Convention enters into force for the United States. Once this occurs, Article 7 of UIFSA 2008 will be in effect for all cases transmitted and received under the 2007 Family Maintenance Convention.

Question 15

What is the definition of a child under UIFSA

Answer 15

Child - an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent

Question 16

What is the definition of a child support order under UIFSA?

Answer 16

Child Support Order – a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country

Question 17

When does a child reach the age of majority under UIFSA?

Answer 17

The exact age at which a child becomes an adult for different purposes is a matter for the law of each state or foreign country to decide, as is the age at which a parent’s duty to furnish child support terminates

Question 18

Who decides the appropriate age to terminate a child’s support by an obligor?

Answer 18

It is the law of the issuing state or foreign country that makes the determination of the appropriate age for termination of support from an obligor.

Question 19

Under the terms of the Convention, what is the standard obligation of a responding tribunal to enforce a child support order?

Answer 19

Under the terms of the Convention, the standard obligation of a responding tribunal to enforce a child-support order is for a person “under the age of 21 years.”

However, a contracting nation may make a reservation to limit enforcement of a child-support order to “persons who have not attained the age of 18 years.” This possibility will not affect this act domestically because the United States does not intend to make such a reservation.

Question 20

What is the definition of a support order under UIFSA?

Answer 20

Support Order - Throughout the act, “support order” means both “child support” and “spousal support.”

Question 21

In UIFSA, what four types of nation states are defined as “foreign countries”?

Answer 21

(1) Convention countries;
(2) countries with bilateral agreements with the federal government;
(3) countries with bilateral agreements with particular states; and
(4) countries with similar support laws.

Question 22

What is the definition of comity under UIFSA?

Answer 22

Recognition and enforcement of support orders from nations that do not meet the definition of “foreign country” may be enforceable under the doctrine of comity.

Question 23

Who determined if there should be recognition of a a support order through comity ?

Answer 23

Although the determination by the United States Department of State that a foreign nation is a reciprocating country is binding on all states, recognition of a support order through comity is dependent on the law of each state.

Question 24

What is required for an order to be recognized based on comity?

Answer 24

The tribunal in the issuing country must have employed procedures in the issuance of the order that comport with U.S. Constitutional Due Process.

Question 25

What is required in order to establish child support?

Answer 25

Under the Supreme Court’s case law, jurisdiction to establish a child-support order requires personal jurisdiction over the respondent

Question 26

If the child-support order is sought under the authority of UIFSA, what must you ensure?

Answer 26

That a child-support obligee utilizing the provisions of UIFSA to establish child support across state lines submits to jurisdiction for child support only, and does not submit to the jurisdiction of the responding state with regard to child custody or visitation

Question 27

How can the court exercise personal jurisdiction over a non resident to establish support in a paternity action?

Answer 27

(Long Arm Jurisdiction over Non-Resident to Establish Support or Paternity)

In a proceeding to establish or enforce a support order or to determine paternity, a state may exercise personal jurisdiction over a nonresident if:
(1) the individual is personally served within the state.
(2) the individual submits to the jurisdiction of the state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) the individual resided with the child in the state;
(4) the individual resided in the state and provided prenatal expenses or support for the child;
(5) the child resides in this state as a result of the acts or directives of the individual;
(6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(7) the individual asserted parentage of a child in the [putative father registry] maintained in this state; or
(8) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

Question 28

If you establish personal jurisdiction by long arm statute, can you acquire personal jurisdiction to modify a child support order of another state?

Answer 28

NO

Question 29

In situations in which the long-arm statute can be satisfied, the petitioner (either the obligor or the obligee) has two options:

Answer 29

(1) utilize the long-arm statute to obtain personal jurisdiction over the respondent, or,

(2) initiate a two-state proceeding under the succeeding provisions of UIFSA seeking to establish a support order in the respondent’s state of residence. Of course, a third option is also available that does not implicate UIFSA: a petitioner may initiate a proceeding in the respondent’s state of residence by filing a proceeding to settle all issues between the parties in a single proceeding.

Question 30

For how long does a court retain personal jurisdiction over a party?

Answer 30

A court continues to have personal jurisdiction as long as the court has continuing exclusive jurisdiction to modify its order OR continuing jurisdiction to enforce its order.

Accordingly, there is a bifurcation of jurisdiction into “the exclusive jurisdiction of a tribunal to modify its order,” and, “the continuing jurisdiction to enforce its order” even when the exclusive jurisdiction to modify has been lost or assumed by another tribunal. In short, the enforcement of unpaid arrears retains its vitality even after current support has ended or been transferred to another tribunal.

Question 31

Who has the authority to modify a spousal support order?

Answer 31

Authority to modify a spousal support order is permanently reserved to the issuing court

Question 32

How does a court retain continuing exclusive jur to modify a child support order?

Answer 32

• As long as one of the individual parties or the child continues to reside in the issuing state, and as long as the parties do not agree to the contrary, the issuing tribunal has continuing, exclusive jurisdiction over its child support order—which in practical terms means that it may modify its order.

-Even if the parties and the child no longer reside in the issuing state, the support order continues in existence and is fully enforceable unless and until a modification takes place in accordance with the requirements of Article 6 (note the CEJ of the issuing tribunal over a spousal-support order is permanent)

Question 33

How does a court retain Continuing Jurisdiction to Enforce a support order?

Answer 33

• The power to enforce the order of the issuing tribunal is not “exclusive” with that tribunal.
• Rather, on request, one or more responding tribunals may also exercise authority to enforce the order of the issuing tribunal. Secondly, under the one-order-at-a-time system, the validity and enforceability of the controlling order continues unabated until it is fully complied with, unless it is replaced by a modified order.
• Even if the individual parties and the child no longer reside in the issuing state, the controlling order remains in effect and may be enforced by the issuing tribunal or any responding tribunal, without regard to the fact that the potential for its modification and replacement exists