UIFSA/UCCJEA/ICARA/PKPA Flashcards
What is UIFSA?
Uniform Interstate Family Support Act. The purpose of UIFSA is to improve and extend the enforcement of duties of support so that once a foreign support order is registered in FL, it has the same effect as a Florida order. Chapter 88, Florida Statutes.
What does UIFSA govern?
The establishment, enforcement and modification of support orders.
What is considered a support order under UIFSA?
A judgment, decree, order, decision, or directive for the benefit of a child, spouse, or former spouse, which provides for monetary support, health care, arrearages retroactive support, or reimbursement for financial assistance in place of child support. The term may include related costs and attorney’s fees.
Does UIFSA have anything to do with child custody?
No, in fact, UIFSA expressly refuses to grant jurisdiction to render judgments, or issue orders, relating to child custody or visitation.
How is personal jurisdiction over non-residents conferred under UIFSA?
a) the individual is personally served within the state;
b) the individual submits to the jurisdiction of this 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;
c) the individual resided with the child in this state;
d) the individual resided in this state and provided prenatal expenses or support for the child;
e) the child resides in this state as a result of the acts or directives of the individual;
f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
g) the individual asserted parentage of a child in a tribunal or in a putative father registry maintained by this state by the appropriate agency; OR
h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
When does FL have continuing exclusive jurisdiction to modify a child support order under UIFSA.
Florida shall have continuing exclusive jurisdiction to modify its child support order if the order is the controlling order and:
a) at the time of filing the request for modification, this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; OR
b) even if FL is not the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued, the parties’ consent inn a record or in open court that FL may continue to exercise jurisdiction to modify its order.
When doesn’t FL have continuing exclusive jurisdiction to modify a child support order under UIFSA?
FL court may not exercise continuing exclusive jurisdiction to modify a child support order if:
a) all of the parties who are individuals file consent in a record in FL that another state has jurisdiction over at least one of the parties or that is located in the state of residence of the child may modify the order and assume continuing exclusive jurisdiction; or
b) the order is not the controlling order.
What happens if there are two child support actions in other states at the same time (simultaneous proceedings) under UIFSA?
Under the UIFSA, if a case is filed in another state, a case must be filed in Florida within the time allowed for a responsive pleading challenging the jurisdiction of the first state, and a timely challenge must be made to the original filing in the other state.
If the matter is purely one of subject matter or personal jurisdiction, it should be resolved based upon prevailing jurisdictional law. In the event Florida and the other state both have subject matter and personal jurisdiction, the “home state” of the child will prevail.
Under UIFSA, can state courts modify out of state spousal support orders?
No. The issuing tribunal has continuing exclusive jurisdiction to modify a spousal support order.
Does continuing exclusive jurisdiction under UIFSA apply to enforcement actions?
No, only modification actions.
How is a controlling support order determined if there is more than one support order?
Define “home state” under UIFSA.
The UIFSA defines “home state” as the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than 6 months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month or other period. See § 88.1011(8), Fla. Stat. (2023).
