AMENDMENTS TO UNIFORM INTERSTATE FAMILY
SUPPORT ACT (2001)
SECTION 101. SHORT TITLE. This
[Act] may be cited as the Uniform
Interstate Family Support Act.
SECTION 102. DEFINITIONS. In this [Act]:
(1) “Child” means
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.
(2)
“Child-support order” means 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 .
(3) “Convention” means the Convention on the
International Recovery of Child Support and Other Forms of Family Maintenance,
concluded at The Hague
on November 23, 2007.
(3)
(4) “Duty of support” means an obligation imposed or imposable by law to
provide support for a child, spouse, or former spouse, including an unsatisfied
obligation to provide support.
(5)
“Foreign country” means a country, including a political subdivision thereof, other
than the United States or a State that under its law authorizes
the issuance of support orders and:
(A) which has been declared under
the law of the United States
to be a foreign reciprocating country;
(B) which has established a
reciprocal arrangement for child support
with this State as provided in Section 308;
(C)
which has enacted a law or established procedures for the issuance and
enforcement of support orders which are substantially similar to the procedures
under this [Act]; or
(D) in which the Convention
is in force with respect to the United
States.
(6)
“Foreign support order” means a support order by a foreign tribunal.
(7)
“Foreign tribunal” means a court, administrative agency, or quasi-judicial
entity of a foreign country authorized to establish, enforce, or modify support
orders or to determine parentage of a child. The term includes a competent
authority in a proceeding subject to [Article] 7, which may be a judicial or
administrative authority in a proceeding in a foreign country.
(4)
(8) “Home State state” means 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
six 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 six-month or other period.
(5)
(9) “Income” includes earnings or other periodic entitlements to money
from any source and any other property subject to withholding for support under
the law of this State.
(6)
(10) “Income-withholding order” means an order or other legal process
directed to an obligor’s [employer] [or other debtor], as defined by [the
income-withholding law of this State], to withhold support from the income of
the obligor.
(7)
“Initiating State means a State from which a
proceeding is forwarded or in which a proceeding is filed for forwarding to a
responding State under this [Act] or a law or procedure substantially similar
to this [Act].
(8)
(11) “Initiating tribunal” means the authorized
tribunal of a State or foreign country in an initiating State from
which a proceeding is forwarded or in which a proceeding is filed for
forwarding to another State or foreign country.
(12)
“Issuing foreign country” means the country in which a tribunal issues a
support order or judgment determining parentage.
(9)
(13) “Issuing
State” means the State in
which a tribunal issues a support order or renders a judgment
determining parentage.
(10)
(14) “Issuing tribunal” means the tribunal of a State or foreign
country that issues a support order or renders a judgment
determining parentage of a child.
(11)
(15) “Law” includes decisional and statutory law and rules and
regulations having the force of law.
(12)
(16) “Obligee” means:
(A) an individual to whom a duty of
support is or is alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered issued;
(B) a State or political subdivision
of a State or foreign country, to which the rights under a duty of
support or support order have been assigned or which has independent claims
based on financial assistance provided to an individual obligee in place of
child support; or
(C) an individual seeking a judgment
determining parentage of the individual’s child; or
(D) an individual who, or a person
other than an individual that, is a creditor in a proceeding subject to [Article]
7.
(13)
(17) “Obligor” means an individual, or the estate of a decedent:
(A) who owes or is alleged to owe a
duty of support;
(B) who is alleged but has not been
adjudicated to be a parent of a child; or
(C) who is liable under a support
order; or
(D) who is a debtor in a
proceeding subject to [Article] 7.
(14)
(18) “Person” means an individual, corporation, business trust, estate,
trust, partnership, limited liability company, association, joint venture, public
corporation, government, or governmental subdivision, agency,
or instrumentality, public corporation or any other legal or commercial
entity.
(15)
(19) “Record” means information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is retrievable in
perceivable form.
(16)
(20) “Register” means to [record; file] in a tribunal of this State
a support order or judgment determining parentage issued in another State or
foreign country[in the appropriate location for the recording or filing
of foreign judgments generally or foreign support orders specifically].
(17)
(21) “Registering tribunal” means a tribunal in which a support order or judgment determining parentage is
registered.
(18)
(22) “Responding
State” means a State in
which a proceeding is filed or to
which a proceeding is forwarded for filing from an initiating another State
or foreign country under this [Act] or
a law or procedure substantially
similar to this [Act].
(19)
(23) “Responding tribunal” means the authorized
tribunal in a responding State or foreign country.
(20)
(24) “Spousal-support order” means a support order for a spouse or
former spouse of the obligor.
(21)
(25) “State” means a State of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any territory or
insular possession subject to the jurisdiction of the United States. The term
includes: (A) an Indian tribe; and
(B)
a foreign country or political subdivision that:
(i)
has been declared to be a foreign reciprocating country or political subdivision
under federal law;
(ii)
has established a reciprocal arrangement for child support with this State as
provided in Section 308; or
(iii)
has enacted a law or established procedures for the issuance and enforcement of
support orders which are substantially similar to the procedures under this [Act].
(22)
(26) “Support enforcement agency” means a public official or agency
authorized to seek:
(A) seek enforcement of
support orders or laws relating to the duty of support;
(B) seek establishment or
modification of child support;
(C) request determination of
parentage of a child;
(D) location of attempt to
locate obligors or their assets; or
(E) request determination of
the controlling child-support order.
(23)
(27) “Support order” means a judgment, decree, order, decision, or
directive, whether temporary, final,
or subject to modification, issued by
a tribunal in a another of State or foreign country for
the benefit of a child, a spouse, or
a former spouse, which provides for monetary support,
health care, arrearages, retroactive support, or reimbursement for
financial assistance provided to an individual obligee in place of child
support. and It may include related costs and fees, interest,
income withholding, automatic adjustment, attorney’s
fees, and other relief.
(24)
(28) “Tribunal” means a court, administrative agency, or quasi-judicial
entity authorized to establish, enforce, or modify support orders or to
determine parentage.
REPORTER’S NOTE
The
proposed addition of definitions of “foreign country” and “foreign tribunal,”
are to be read in conjunction with the prior definition of “State,” infra, which under certain circumstances
declared a foreign country or political subdivision to be a “State.” Defining a
foreign country or a political subdivision thereof, e.g., a Canadian province,
as a “State” may be traced back to 1968, where this approach first appeared in
the Revised Uniform Reciprocal Enforcement of Support Act, a.k.a. RURESA. It is
doubtful that anyone thinks a foreign support order is entitled to Full Faith
and Credit. Indeed, such orders of the sister states were only relatively
recently accorded that treatment after congressional action in 1994. Thus,
constitutional analysis is not required; only state statutory issues are
involved. Moreover, asserting that a foreign support order be treated “equally”
to a sister state order could well result in a manifestly unfair decision.
The term
“foreign judgment” is used ambiguously only once in UIFSA; in a context, clearly
“out-of-state” is intended, rather than “out-of-country.” If an international
construction is intended, the text in UIFSA is “foreign country or political
subdivision.” The definitions in UIFSA 2008 are fine tuned to avoid ambiguity
in order to insure that “foreign” is used strictly to identify international
proceedings and orders.
The
amended definition of “State” eliminates the fiction that a foreign country can
be a U.S.
State, and clarifies and implements the purpose of the Act to enforce an
international support order under state law. In addition, in several provisions
of UIFSA the term “State” clearly is intended to refer only to a State of the United States.
SECTION 103. STATE
TRIBUNAL OF STATE AND
SUPPORT ENFORCEMENT AGENCY.
(a)
The [court, administrative agency, quasi-judicial entity, or combination] [is
the tribunal] [are the tribunals] of this State.
(b)
The [public official, governmental agency, or private agency, or combination]
[is] [are] the support enforcement [agency] [agencies] of this State.
(a) Remedies provided by this [Act]
are cumulative and do not affect the availability of remedies under other law,
including
or the recognition of a support order of a foreign country or political subdivision on
the basis of comity.
(b)
This [Act] does not:
(1) provide the exclusive method of
establishing or enforcing a support order under the law of this State; or
(2) grant a tribunal of this State
jurisdiction to render judgment or issue an order relating to [child custody or
visitation] in a proceeding under this [Act].
(a) A tribunal of this State shall apply [Articles] 1
through 6 and, as applicable, [Article] 7, to a support
proceeding involving:
(1) a
foreign support order;
(2) a foreign
tribunal; or
(3)
an obligee, obligor, or child residing in a foreign country.
(b) A tribunal of this State that
is requested to recognize and enforce a support order on the basis of comity
may apply the procedural and substantive provisions of [Articles] 1 through 6.
(c)
[Article] 7 applies only to a support
proceeding subject to the Convention. In such a proceeding, if a provision of [Article]
7 is inconsistent with a provision of [Articles] 1 through 6, [Article] 7
controls.
(a)
In a proceeding to establish or enforce a support order or to determine
parentage of a child, a tribunal of this State may exercise personal
jurisdiction over a nonresident individual [or the individual’s guardian or
conservator] if:
(1) the individual is personally
served with [citation, summons, notice] within this State;
(2) 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;
(3) the individual resided with the
child in this State;
(4) the individual resided in this
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 in the [putative father registry] maintained in this State by the
[appropriate agency]; or
(8)] there is any other basis
consistent with the constitutions of this State and the United States for the exercise of
personal jurisdiction.
(b)
The bases of personal jurisdiction set forth
in subsection (a) or in any other
law of this State may not be used to acquire personal jurisdiction for a tribunal of the this State to
modify a child-support order of another State unless the requirements of
Section 611 or 615
are met, or, in the case of a foreign
support order, unless the requirements of Section 615 are met.
REPORTER’S NOTE
Section 201(b)
solidifies the concepts of personal jurisdiction and its progeny, continuing
jurisdiction and controlling orders, for tribunals of the United States. The long-arm
provisions were originally written with only domestic cases in mind. If the
tribunal of this State, or of another State, had personal jurisdiction over an
individual residing in another State, the application of local law is entitled
to recognition and enforcement, Full Faith and Credit for Child support orders
Act, a.k.a. FFCCSOA, 28 USC 1738B.
As
indicated in Section 708, infra,
virtually all foreign countries recognize and enforce a child-support order
based on the residence of the obligee or the child. The U.S. requirement of personal
jurisdiction over the obligor is generally regarded abroad as an idiosyncratic
error. Nonetheless, the new Convention requires recognition of U.S.
orders based on long-arm jurisdiction asserted over the obligor, a.k.a. “debtor.”
Of course, in such cases the U.S.
tribunal also has jurisdiction over the obligee, a.k.a. “creditor.” From the
perspective of a foreign tribunal, such an order should be considered valid
even though the U.S.
tribunal requires a personal nexus between the parties and the State tribunal
as described in this section. Luckily, the requirement of personal jurisdiction
virtually ensures that no problem of jurisdiction will arise on the
international front.
SECTION 202. DURATION OF
PERSONAL JURISDICTION. Personal jurisdiction acquired by a
tribunal of this State in a proceeding under this [Act] or other law of this State
relating to a support order continues as long as a tribunal of this State has
continuing, exclusive jurisdiction to modify its order or continuing
jurisdiction to enforce its order as provided by Sections 205, 206, and 211.
SECTION 203. INITIATING AND RESPONDING TRIBUNAL OF STATE. Under this [Act],
a tribunal of this State may serve as an initiating tribunal to forward
proceedings to a tribunal of another State, and as a responding tribunal
for proceedings initiated in another State or foreign country.
(a)
A tribunal of this State may exercise jurisdiction to establish a support order
if the [petition] or comparable
pleading is filed after a pleading is filed in another State or foreign
country only if:
(1) the [petition] or comparable
pleading in this State is filed before the expiration of the time allowed in
the other State or foreign country for filing a responsive pleading
challenging the exercise of jurisdiction by the other State or foreign
country;
(2) the contesting party timely
challenges the exercise of jurisdiction in the other State or foreign
country; and
(3) if relevant, this State is the
home State state of the child.
(b)
A tribunal of this State may not exercise jurisdiction to establish a support
order if the [petition] or
comparable pleading is filed before
a [petition] or comparable pleading
is filed in another State or foreign country if:
(1) the [petition] or comparable
pleading in the other State or foreign country is filed before the
expiration of the time allowed in this State for filing a responsive pleading
challenging the exercise of jurisdiction by this State;
(2) the contesting party timely
challenges the exercise of jurisdiction in this State; and
(3) if relevant, the other State or
foreign country is the home State state of the child.
(a)
A tribunal of this State that has issued a child-support order consistent with
the law of this State has and shall exercise continuing, exclusive jurisdiction
to modify its child-support order if the order is the controlling order and:
(1) at the time of the filing of a
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
(2) even if this State is not the
residence of the obligor, the individual obligee, or the child for whose
benefit the support order is issued, the parties consent in a record or in open
court that the tribunal of this State may continue to exercise jurisdiction to
modify its order.
(b)
A tribunal of this State that has issued a child-support order consistent with
the law of this State may not exercise continuing, exclusive jurisdiction to
modify the order if:
(1) all of the parties who are
individuals file consent in a record with the tribunal of this State that a
tribunal of another State that has jurisdiction over at least one of the
parties who is an individual or that is located in the State of residence of
the child may modify the order and assume continuing, exclusive jurisdiction;
or
(2) its order is not the controlling
order.
(c)
If a tribunal of another State has issued a child-support order pursuant to
[the Uniform Interstate Family Support Act] or a law substantially similar to
that Act which modifies a child-support order of a tribunal of this State,
tribunals of this State shall recognize the continuing, exclusive jurisdiction
of the tribunal of the other State.
(d)
A tribunal of this State that lacks continuing, exclusive jurisdiction to
modify a child-support order may serve as an initiating tribunal to request a
tribunal of another State to modify a support order issued in that State
(e)
A temporary support order issued ex parte or pending resolution of a
jurisdictional conflict does not create continuing, exclusive jurisdiction in
the issuing tribunal.
(a)
A tribunal of this State that has issued a child-support order consistent with
the law of this State may serve as an initiating tribunal to request a tribunal
of another State to enforce:
(1) the order if the order is the
controlling order and has not been modified by a tribunal of another State that
assumed jurisdiction pursuant to the [Uniform Interstate Family Support Act];
or
(2) a money judgment for arrears of
support and interest on the order accrued before a determination that an order of
a tribunal of another State is the controlling order.
(b)
A tribunal of this State having continuing, jurisdiction over a support
order may act as a responding tribunal to enforce the order.
(a)
If a proceeding is brought under this [Act] and only one tribunal has issued a child-support
order, the order of that tribunal controls and must be so recognized.
(b)
If a proceeding is brought under this [Act], and two or
more child-support orders have been issued
by tribunals of this State or
another State or foreign country with regard to the same obligor and same child, a tribunal of this State having
personal jurisdiction over both the obligor
and individual obligee shall apply the following rules and by order shall determine which order
controls:
(1) If only one of the tribunals
would have continuing, exclusive jurisdiction under this [Act], the order of
that tribunal controls and must be so recognized.
(2) If more than one of the
tribunals would have continuing, exclusive jurisdiction under this [Act]:
(A) an order issued by a
tribunal in the current home State state of the child controls; but
or
(B) if an order has not
been issued in the current home State state of the child, the
order most recently issued controls.
(3) If none of the tribunals would
have continuing, exclusive jurisdiction under this [Act], the tribunal of this
State shall issue a child-support order, which controls.
(c)
If two or more child-support orders have been issued for the same obligor and
same child, upon request of a party who is an individual or a support
enforcement agency, a tribunal of this State having personal jurisdiction over
both the obligor and the obligee who is an individual shall determine which
order controls under subsection (b). The request may be filed with a
registration for enforcement or registration for modification pursuant to [Article]
6, or may be filed as a separate proceeding.
(d)
A request to determine which is the controlling order must be accompanied by a
copy of every child-support order in effect and the applicable record of
payments. The requesting party shall give notice of the request to each party
whose rights may be affected by the determination.
(e)
The tribunal that issued the controlling order under subsection (a), (b), or
(c) has continuing, jurisdiction to the extent provided in Section 205
or 206.
(f)
A tribunal of this State that determines by order which is the controlling
order under subsection (b)(1) or (2) or (c), or that issues a new controlling
order under subsection (b)(3), shall state in that order:
(1) the basis upon which the
tribunal made its determination;
(2) the amount of prospective
support, if any; and
(3) the total amount of consolidated
arrears and accrued interest, if any, under all of the orders after all
payments made are credited as provided by Section 209.
(g)
Within [30] days after issuance of an order determining which is the
controlling order, the party obtaining the order shall file a certified copy of
it in each tribunal that issued or registered an earlier order of child support.
A party or support enforcement agency obtaining the order that fails to file a
certified copy is subject to appropriate sanctions by a tribunal in which the
issue of failure to file arises. The failure to file does not affect the
validity or enforceability of the controlling order.
(h)
An order that has been determined to be the controlling order, or a judgment
for consolidated arrears of support and interest, if any, made pursuant to this
section must be recognized in proceedings under this [Act].
SECTION 208. CHILD-SUPPORT
ORDERS FOR TWO OR MORE OBLIGEES. In responding to
registrations or [petitions] for enforcement of two or more child-support orders
in effect at the same time with regard to the same obligor and different
individual obligees, at least one of which was issued by a tribunal of another
State or foreign country, a tribunal of this State shall enforce those
orders in the same manner as if the orders had been issued by a tribunal of this
State.
SECTION 209. CREDIT FOR PAYMENTS. A tribunal of this State shall credit amounts
collected for a particular period pursuant to any child-support order against
the amounts owed for the same period under any other child-support order for
support of the same child issued by a tribunal of this or another State or foreign
country.
SECTION 210. APPLICATION OF [Act] TO NONRESIDENT SUBJECT TO
PERSONAL JURISDICTION. A tribunal of this State exercising
personal jurisdiction over a nonresident in a proceeding under this [Act], under
other law of this State relating to a support order, or recognizing a foreign
support order of a foreign country or political subdivision on the basis of
comity may receive evidence from another outside this State pursuant
to Section 316, communicate with a tribunal of another State outside
this State pursuant to Section 317, and obtain discovery through a tribunal
of another outside this State pursuant to Section 318. In all
other respects, [Articles] 3 through 6 7 do not
apply and the tribunal shall apply the procedural and substantive law of this
State.
REPORTER’S NOTE
A
tribunal of this State may not exercise personal jurisdiction based on the law
of a foreign country, but is free to recognize an order based on comity. The tribunal
is also free to employ internationally other procedural and evidentiary
provisions of the Act without constraint.
(a)
A tribunal of this State issuing a spousal-support order consistent with the
law of this State has continuing, exclusive jurisdiction to modify the spousal-support
order throughout the existence of the support obligation.
(b)
A tribunal of this State may not modify a spousal-support order issued by a
tribunal of another State having continuing, exclusive jurisdiction over that
order under the law of that State.
(c)
A tribunal of this State that has continuing, exclusive jurisdiction over a spousal-support
order may serve as:
(1)
an initiating tribunal to request a tribunal of another State to enforce the spousal-support
order issued in this State; or
(2)
a responding tribunal to enforce or modify its own spousal-support order.
REPORTER’S NOTE
The
amendments to Section 211 continue the decision made first in UIFSA 1992 that
declined modification of a spousal support order. The bases of this decision
are explained in the UIFSA 2001 Comment as follows:
The
prohibition of modification of spousal support by a nonissuing state tribunal
under UIFSA is consistent with the principle that a tribunal should apply local
law to such cases to insure efficient handling and to minimize choice of law
problems. Avoiding conflict of law problems is almost impossible if spousal
support orders are subject to modification in a second State. For example,
States take widely varying views of the effect on a spousal support order of
the obligee's remarriage or nonmarital cohabitation. Making a distinction
between spousal and child support is further justified because the standards
for modification of child support and spousal support are very different. In
most jurisdictions a dramatic improvement in the obligor's economic
circumstances will have little or no relevance in a proceeding seeking an
upward modification of spousal support, while a similar change in an obligor's
situation typically is the primary basis for an increase in child support. This
disparity is founded on a policy choice that post-divorce success of an
obligor-parent should benefit the obligor's child, but not the obligor’s
ex-spouse.
(a) Except as otherwise provided in
this [Act], this [article] applies to all proceedings under this
[Act].
(b) An individual [petitioner] or a support
enforcement agency may initiate a proceeding authorized under this [Act] by
filing a [petition] in an initiating tribunal for forwarding to a responding
tribunal or by filing a [petition] or a comparable pleading directly in a tribunal
of another State or foreign country which has or can obtain personal
jurisdiction over the [respondent].
REPORTER’S NOTE
The revised language reflects actual practice under
UIFSA. The statement that the filing State may or must have personal jurisdiction
over the respondent is axiomatic at best.
SECTION 302. PROCEEDING BY MINOR PARENT. A minor parent, or a guardian or other legal
representative of a minor parent, may maintain a proceeding on behalf of or for
the benefit of the minor’s child.
SECTION 303. APPLICATION OF LAW OF STATE. Except as otherwise provided in this [Act], a
responding tribunal of this State shall:
(1)
apply the procedural and substantive law generally applicable to similar
proceedings originating in this State and may exercise all powers and provide
all remedies available in those proceedings; and
(2)
determine the duty of support and the amount payable in accordance with the law
and support guidelines of this State.
(a)
Upon the filing of a [petition] authorized by this [Act], an initiating
tribunal of this State shall forward the [petition] and its accompanying
documents:
(1)
to the responding tribunal or appropriate support enforcement agency in the
responding State; or
(2) if the identity of the
responding tribunal is unknown, to the State information agency of the
responding State with a request that they be forwarded to the appropriate
tribunal and that receipt be acknowledged.
(b) If requested by the responding
tribunal, a tribunal of this State shall issue a certificate or other document
and make findings required by the law of the responding State. If the
responding State tribunal is in a foreign country or political
subdivision, upon request the tribunal of this State shall specify
the amount of support sought, convert that amount into the equivalent amount in
the foreign currency under applicable official or market exchange rate as
publicly reported, and provide any other documents necessary to satisfy the
requirements of the responding State foreign tribunal.
(a) When a responding tribunal of
this State receives a [petition] or comparable pleading from an initiating
tribunal or directly pursuant to Section 301(b), it shall cause the [petition]
or pleading to be filed and notify the [petitioner] where and when it was
filed.
(b) A responding tribunal of this
State, to the extent not prohibited by other law, may do one or more of the
following:
(1) issue establish
or enforce a support order, modify a
child-support order, determine the controlling child-support order, or determine parentage of a child;
(2) order an obligor to
comply with a support order, specifying the amount and the manner of
compliance;
(3) order income
withholding;
(4) determine the amount
of any arrearages, and specify a method of payment;
(5) enforce orders by
civil or criminal contempt, or both;
(6) set aside property
for satisfaction of the support order;
(7) place liens and order
execution on the obligor’s property;
(8) order an obligor to
keep the tribunal informed of the obligor’s current residential address, electronic-mail
address, telephone number, employer, address of employment, and telephone
number at the place of employment;
(9) issue a [bench
warrant; capias] for an obligor who has failed after proper notice to appear at
a hearing ordered by the tribunal and enter the [bench warrant; capias] in any
local and State computer systems for criminal warrants;
(10) order the obligor
to seek appropriate employment by specified methods;
(11) award reasonable
attorney’s fees and other fees and costs; and
(12) grant any other
available remedy.
(c) A responding tribunal of this
State shall include in a support order issued under this [Act], or in the
documents accompanying the order, the calculations on which the support order
is based.
(d) A responding tribunal of this
State may not condition the payment of a support order issued under this [Act]
upon compliance by a party with provisions for visitation.
(e) If a responding tribunal of this
State issues an order under this [Act], the tribunal shall send a copy of the
order to the [petitioner] and the [respondent] and to the initiating tribunal,
if any.
(f) If requested to enforce a
support order, arrears, or judgment or modify a support order stated in a
foreign currency, a responding tribunal of this State shall convert the amount
stated in the foreign currency to the equivalent amount in dollars under the
applicable official or market exchange rate as publicly reported.
REPORTER’S NOTE
See Convention art. 19.
SECTION 306. INAPPROPRIATE
TRIBUNAL. If a [petition] or comparable pleading
is received by an inappropriate tribunal of this State, the tribunal shall forward
the pleading and accompanying documents to an appropriate tribunal in of
this State or another State and notify the [petitioner] where and when
the pleading was sent.
Alternative
A
(a) A support enforcement agency of
this State, upon request, shall provide services to a [petitioner] in a
proceeding under this [Act].
Alternative
B
(a) In a proceeding under this
[Act], a support enforcement agency of this State, upon request, shall provide
services to a [petitioner] residing in the United States or a State, and may
provide services to a [petitioner] who is an individual residing outside the
United States.]
(b) A support enforcement agency of
this State that is providing services to the [petitioner] shall:
(1) take all steps
necessary to enable an appropriate tribunal in of this State or
another State or foreign country to obtain jurisdiction over the
[respondent];
(2) request an
appropriate tribunal to set a date, time, and place for a hearing;
(3)
make a reasonable effort to obtain all relevant information, including
information as to income and property of the parties;
(4) within [two] days,
exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in
a record from an initiating, responding, or registering tribunal, send a copy
of the notice to the [petitioner];
(5) within [two] days,
exclusive of Saturdays, Sundays, and legal holidays, after receipt of
communication in a record from the [respondent] or the [respondent’s] attorney,
send a copy of the communication to the [petitioner]; and
(6) notify the
[petitioner] if jurisdiction over the [respondent] cannot be obtained.
(c) A support enforcement agency of
this State that requests registration of a child-support order in this State
for enforcement or for modification shall make reasonable efforts:
(1) to ensure that the
order to be registered is the controlling order; or
(2) if two or more child-support
orders exist and the identity of the controlling order has not been determined,
to ensure that a request for such a determination is made in a tribunal having
jurisdiction to do so.
(d)
A support enforcement agency of this State that requests registration and
enforcement of a support order, arrears, or judgment stated in a foreign
currency shall convert the amounts stated in the foreign currency into the
equivalent amounts in dollars under the applicable official or market exchange
rate as publicly reported.
(e)
A support enforcement agency of this State shall [issue or] request a tribunal
of this State to issue a child-support order and an income-withholding order
that redirect payment of current support, arrears, and interest if requested to
do so by a support enforcement agency of another State pursuant to Section 319 of
the Uniform Interstate Family Support Act.
(f)
This [Act] does not create or negate a relationship of attorney and client or
other fiduciary relationship between a support enforcement agency or the
attorney for the agency and the individual being assisted by the agency.
(a)
If the [appropriate state official or agency] determines that the support
enforcement agency is neglecting or refusing to provide services to an
individual, the [state official or agency] may order the agency to perform its
duties under this [Act] or may provide those services directly to the
individual.
(b)
The [appropriate state official or agency] may determine that a foreign country
or political subdivision has established a reciprocal arrangement for child
support with this State and take appropriate action for notification of the
determination.
SECTION 309. PRIVATE COUNSEL. An individual may employ private counsel to represent
the individual in proceedings authorized by this [Act].
(a) The [Attorney General’s Office,
State Attorney’s Office, State Central Registry or other information agency] is
the state information agency under this [Act].
(b) The state information agency
shall:
(1)
compile and maintain a current list, including addresses, of the tribunals in
this State which have jurisdiction under this [Act] and any support enforcement
agencies in this State and transmit a copy to the state information agency of every
other State;
(2)
maintain a register of names and addresses of tribunals and support enforcement
agencies received from other States;
(3)
forward to the appropriate tribunal in the [county] in this State in which the
obligee who is an individual or the obligor resides, or in which the obligor’s
property is believed to be located, all documents concerning a proceeding under
this [Act] received from an initiating tribunal or
the
state information agency of the initiating State another State or
foreign country; and
(4)
obtain information concerning the location of the obligor and the obligor’s
property within this State not exempt from execution, by such means as postal
verification and federal or state locator services, examination of telephone directories,
requests for the obligor’s address from employers, and examination of
governmental records, including, to the extent not prohibited by other law,
those relating to real property, vital statistics, law enforcement, taxation,
motor vehicles, driver’s licenses, and social security.
(a)
In a proceeding under this [Act], a [petitioner] seeking to establish a support
order, to determine parentage, or to
register and modify a support order of a tribunal of another State or
foreign country must file a [petition]. Unless otherwise ordered under Section 312, the [petition] or accompanying documents must provide, so far as
known, the name, residential
address, and social security numbers of the obligor
and the obligee or the parent and
alleged parent, and the name, sex, residential address, social security number,
and date of birth of each child for
whose benefit support is sought or whose parentage is to be determined. Unless filed
at the time of registration, the [petition] must be accompanied by a copy of
any support order known to have been issued by another tribunal. The [petition]
may include any other information
that may assist in locating or
identifying the [respondent].
(b)
The [petition] must specify the relief sought. The [petition] and accompanying
documents must conform substantially with the requirements imposed by the forms
mandated by federal law for use in cases filed by a support enforcement agency.
(a) If a party alleges in an
affidavit or a pleading under oath that the health, safety, or liberty of a
party or child would be jeopardized by disclosure of specific identifying
information, that information must be sealed and may not be disclosed to the
other party or the public. After a hearing in which a tribunal takes into
consideration the health, safety, or liberty of the party or child, the
tribunal may order disclosure of information that the tribunal determines to be
in the interest of justice.
(b) Personal information gathered
or transmitted under this [Act] may be used only for the purposes for which it
was gathered or transmitted.
REPORTER’S
NOTE
See
Convention arts. 38, 39, & 40
The process of nondisclosure
established in § 312 contemplates nondisclosure on the basis of an
affidavit; disclosure may be ordered by a tribunal only after the fact when the
other party requests disclosure and the tribunal approves the request.
(a)
The [petitioner] may
not be required to pay a filing fee or other
costs.
(b) If an
obligee prevails, a responding tribunal of this State may assess against
an obligor filing fees, reasonable
attorney’s fees, other costs, and
necessary travel and other reasonable expenses incurred by the obligee and the
obligee’s witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support
enforcement agency of either the
initiating or responding State or
foreign country, except as provided by other law. Attorney’s
fees may be taxed as costs, and may be ordered
paid directly to the attorney, who
may enforce the order in the attorney’s
own name. Payment of support owed to
the obligee has priority over fees,
costs and expenses.
(c)
The tribunal shall order the payment of costs and reasonable attorney’s fees if
it determines that a hearing was requested primarily for delay. In a proceeding
under [Article] 6, a hearing is presumed to have been requested
primarily for delay if a registered support order is confirmed or enforced
without change.
REPORTER’S
NOTE
See Convention arts. 14 &
43
(a)
Participation by a [petitioner] in a proceeding under this [Act] before a
responding tribunal, whether in person, by private attorney, or through
services provided by the support enforcement agency, does not confer personal
jurisdiction over the [petitioner] in another proceeding.
(b)
A [petitioner] is not amenable to service of civil process while physically
present in this State to participate in a proceeding under this [Act].
(c) The immunity granted by this
section does not extend to civil litigation based on acts unrelated to a
proceeding under this [Act] committed by a party while physically present in
this State to participate in the proceeding.
SECTION 315. NONPARENTAGE
AS DEFENSE. A party whose parentage of a child has
been previously determined by or
pursuant to law may not plead nonparentage as a defense to a proceeding under
this [Act].
(a)
The physical presence of a nonresident party who is an individual in a tribunal
of this State is not required for the establishment, enforcement, or
modification of a support order or the rendition of a judgment determining
parentage.
(b)
An affidavit, a document substantially complying with federally mandated forms, or
a document incorporated by reference in any of them, which would not be
excluded under the hearsay rule if given in person, is admissible in evidence
if given under penalty of perjury by a party or
witness residing in
another outside this State.
(c)
A copy of the record of child-support payments certified as a true copy of the original by the custodian of the record may be forwarded
to a responding tribunal. The copy is evidence of facts asserted in it, and is
admissible to show whether payments were made.
(d)
Copies of bills for testing for parentage, and for prenatal and postnatal
health care of the mother and child, furnished to the adverse party at least
[ten] days before trial, are admissible in evidence to prove the amount of the
charges billed and that the charges were reasonable, necessary, and customary.
(e)
Documentary evidence transmitted from another outside this State to a tribunal of
this State by telephone, telecopier, or
other electronic means that do not provide an original
record may not be excluded from
evidence on an objection based on the means of transmission.
(f)
In a proceeding under this [Act], a tribunal of this State shall permit a party
or witness residing in another
outside this State to be deposed or
to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that State. A tribunal
of this State shall cooperate with other tribunals of other States
in designating an appropriate location for
the deposition or testimony.
(g)
If a party called to testify at a civil hearing refuses to answer on the ground
that the testimony may be self-incriminating, the trier of fact may draw an
adverse inference from the refusal.
(h)
A privilege against disclosure of communications between spouses does not apply
in a proceeding under this [Act].
(i)
The defense of immunity based on the relationship of husband and wife or parent
and child does not apply in a proceeding under this [Act].
(j)
A voluntary acknowledgment of paternity, certified as a true copy, is
admissible to establish parentage of the child.
REPORTER’S
NOTE
See Convention
art. 29
SECTION 317. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal of
this State may communicate with a tribunal of another outside this
State or foreign country or political subdivision in a record, or
by telephone or other means, to
obtain information concerning the
laws, the legal effect of a judgment, decree, or
order of that tribunal, and the
status of a proceeding in the other State or
foreign country or political
subdivision. A tribunal of this State may furnish similar information by similar means to a tribunal of another outside this
State or foreign
country or
political subdivision.
REPORTER’S
NOTE
For §§ 316-318, do we want “outside this State”
or “another state or foreign country.” My notes say the former, my sense of
consistency says the latter.
SECTION 318.
ASSISTANCE WITH DISCOVERY. A tribunal of this state may:
(1)
request a tribunal of another outside this State to assist in
obtaining discovery; and
(2)
upon request, compel a person over whom it has jurisdiction to respond to a discovery
order issued by a tribunal of another outside this State another
State or foreign country.
(a)
A support enforcement agency or tribunal of this State shall disburse promptly
any amounts received pursuant to a support order, as directed by the order. The
agency or tribunal shall furnish to a requesting party or tribunal of another
State or foreign country a certified statement by the custodian of the
record of the amounts and dates of all payments received.
(b)
If neither the obligor, nor the obligee who is an individual, nor the child
resides in this State, upon request from the support enforcement agency of this
State or another State, [the support enforcement agency of this State or] a
tribunal of this State shall:
(1) direct that the support payment
be made to the support enforcement agency in the State in which the obligee is
receiving services; and
(2) issue and send to the obligor’s
employer a conforming income-withholding order or an administrative notice of
change of payee, reflecting the redirected payments.
(c)
The support enforcement agency of this State receiving redirected payments from
another State pursuant to a law similar to subsection (b) shall furnish to a
requesting party or tribunal of the other State a certified statement by the
custodian of the record of the amount and dates of all payments received.
REPORTER’S
NOTE
This section is designed to reduce
the interval between making a payment and receiving the payment by redirecting
it to the obligee’s State.
(a) If a support order entitled to
recognition under this [Act] has not been issued, a responding tribunal of this State with
personal jurisdiction over the parties may issue a support order if:
(1)
the individual seeking the order
resides in another outside this State; or
(2)
the support enforcement agency seeking the order
is located in another outside this State.
(b) The tribunal may issue a
temporary child-support order if the tribunal determines that such an order is
appropriate and the individual ordered to pay is:
(1)
a presumed father of the child;
(2)
petitioning to have his paternity adjudicated;
(3)
identified as the father of the child through genetic testing;
(4)
an alleged father who has declined to submit to genetic testing;
(5)
shown by clear and convincing evidence to be the father of the child;
(6)
an acknowledged father as provided by [applicable state law];
(7)
the mother of the child; or
(8)
an individual who has been ordered to pay child support in a previous
proceeding and the order has not been reversed or vacated.
(c) Upon finding, after notice and
opportunity to be heard, that an obligor owes a duty of support, the tribunal
shall issue a support order directed to the obligor and may issue other orders
pursuant to Section 305.
REPORTER’S NOTE
See Convention art. 37
A fundamental principle of U.S. jurisprudence
is that our courts are open to all litigants with a valid cause of action.
Although stating the obvious may go unsaid, clearly articulating the principle
can do no harm. Further, ever since the first iteration of UIFSA in 1992, the
Uniform Law Commission, nee NCCUSL, has jealously guarded the prerogative of a
litigant to employ “private counsel” to enforce support orders, see UIFSA § 309. That principle
undoubtedly will continue to be a focal point of the ULC.
SECTION
701 402. PROCEEDING TO DETERMINE
PARENTAGE. A tribunal
of this State authorized to
determine parentage of a child may serve as a responding tribunal in a
proceeding to determine parentage brought under this [Act] or a law or
procedure substantially similar to this [Act].
REPORTER’S NOTE
This is a good place to move
Section 701 of UIFSA (2001).
ENFORCEMENT OF support order OF ANOTHER
STATE WITHOUT REGISTRATION
REPORTER’S NOTE
The UIFSA system of direct collection of income
withholding from employers across State lines is not applicable to requests
across international borders. Therefore, only Section 507 may be relevant for
consideration in conjunction with the Convention.
SECTION 501. EMPLOYER’S
RECEIPT OF INCOME-WITHHOLDING ORDER OF ANOTHER STATE. An income-withholding
order issued in another State may be sent by or on behalf of the obligee, or by
the support enforcement agency, to the person defined as the obligor’s employer
under [the income-withholding law of this State] without first filing a
[petition] or comparable pleading or registering the order with a tribunal of
this State.
(a) Upon receipt of an
income-withholding order, the obligor’s employer shall immediately provide a
copy of the order to the obligor.
(b) The employer shall treat an
income-withholding order issued in another State which appears regular on its
face as if it had been issued by a tribunal of this State.
(c) Except as otherwise provided in
subsection (d) and Section 503, the employer shall withhold and distribute the
funds as directed in the withholding order by complying with terms of the order
which specify:
(1) the duration and
amount of periodic payments of current child support, stated as a sum certain;
(2) the person
designated to receive payments and the address to which the payments are to be
forwarded;
(3) medical support,
whether in the form of periodic cash payment, stated as a sum certain, or
ordering the obligor to provide health insurance coverage for the child under a
policy available through the obligor’s employment;
(4) the amount of
periodic payments of fees and costs for a support enforcement agency, the
issuing tribunal, and the obligee’s attorney, stated as sums certain; and
(5) the amount of
periodic payments of arrearages and interest on arrearages, stated as sums
certain.
(d) An employer shall comply with
the law of the State of the obligor’s principal place of employment for
withholding from income with respect to:
(1) the employer’s fee
for processing an income-withholding order;
(2) the maximum amount
permitted to be withheld from the obligor’s income; and
(3) the times within
which the employer must implement the withholding order and forward the
child-support payment.
SECTION 503. EMPLOYER’S
COMPLIANCE WITH TWO OR MORE INCOME-WITHHOLDING ORDERS. If an obligor’s
employer receives two or more income-withholding orders with respect to the
earnings of the same obligor, the employer satisfies the terms of the orders if
the employer complies with the law of the State of the obligor’s principal
place of employment to establish the priorities for withholding and allocating
income withheld for two or more child-support obligees.
REPORTER’S NOTE
In addition to income withholding
orders issued by tribunals, State support enforcement agencies issue income
withholding orders to enforce foreign child-support orders.
SECTION 504. IMMUNITY
FROM CIVIL LIABILITY. An employer who that complies
with an income-withholding order issued in another State in accordance with this
[article] is not subject to civil liability to an individual or
agency with regard to the employer’s withholding of child support from the
obligor’s income.
SECTION 505. PENALTIES FOR NONCOMPLIANCE. An employer who
that willfully fails to comply with an income-withholding order issued by
in another State and received for enforcement is subject to the same
penalties that may be imposed for noncompliance with an order issued by a
tribunal of this State.
(a) An
obligor may contest the validity or enforcement of an income-withholding order issued
in another State and received directly by an employer in this State by
registering the order in a tribunal of this State and filing a contest to that
order as provided in [Article] 6, or otherwise contesting the
order in the same manner as if the order had been issued by a tribunal of this
State.
(b)
The obligor shall give notice of the contest to:
(1)
a support enforcement agency providing services to the obligee;
(2)
each employer that has directly received an income-withholding order relating
to the obligor; and
(3)
the person designated to receive payments in the income-withholding order or,
if no person is designated, to the obligee.
(a) A party or support enforcement
agency seeking to enforce a support order or an income-withholding order, or
both, issued in by a tribunal of another State or a foreign country
may send the documents required for registering the order to a support
enforcement agency of this State.
(b) Upon receipt of the documents,
the support enforcement agency, without initially seeking to register the
order, shall consider and, if appropriate, use any administrative procedure
authorized by the law of this State to enforce a support order or an
income-withholding order, or both. If the obligor does not contest
administrative enforcement, the order need not be registered. If the obligor
contests the validity or administrative enforcement of the order, the support
enforcement agency shall register the order pursuant to this [Act].
REPORTER’S NOTE
If a support enforcement agency receives a request for
services from an individual accompanied by a copy of a foreign support order,
the agency should be able to commence administrative enforcement if available
under applicable state law. In administratively ordering withholding for a foreign
support order, agency personnel need to review the directives to a tribunal of
this State regarding conversion of foreign currency under Sections 304, 305 and
307.
REPORTER’S NOTE
With selective editing, the registration and
enforcement provisions in [Article] 6, Part 1, will conform to the provisions
of the Convention. The terms of Sections 601, 609, and [Article] 7 will suffice
to direct international support orders into the proper channels.
SECTION 601. REGISTRATION OF ORDER FOR ENFORCEMENT.
A support order or income-withholding order issued in
by a tribunal of another state or a foreign country may be
registered in this state for enforcement.
(a) Except for an order subject
to [Article] 7, A a support order or
income-withholding order of another
State or a foreign support order may be registered in this State by
sending the following records and
information to the [appropriate
tribunal] in this State:
(1)
a letter of transmittal to the tribunal requesting registration and
enforcement;
(2)
two copies, including one certified copy, of the order to be registered,
including any modification of the order;
(3)
a sworn statement by the person requesting registration or a certified
statement by the custodian of the records showing the amount of any arrearage;
(4)
the name of the obligor and, if known:
(A) the obligor’s address and social
security number;
(B) the name and address of the
obligor’s employer and any other source of income of the obligor; and
(C) a description and the location
of property of the obligor in this State not exempt from execution; and
(5)
except as otherwise provided in Section 312, the name and address of the
obligee and, if applicable, the person to whom support payments are to be
remitted.
(b) On receipt of a request for
registration, the registering tribunal shall cause the order to be filed as a
foreign judgment an order of another State or foreign country,
together with one copy of the documents and information, regardless of their
form.
(c) A [petition] or comparable
pleading seeking a remedy that must be affirmatively sought under other law of
this State may be filed at the same time as the request for registration or
later. The pleading must specify the grounds for the remedy sought.
(d) If two or more orders are in
effect, the person requesting registration shall:
(1)
furnish to the tribunal a copy of every support order asserted to be in effect
in addition to the documents specified in this section;
(2)
specify the order alleged to be the controlling order, if any; and
(3)
specify the amount of consolidated arrears, if any.
(e) A request for a determination of
which is the controlling order may be filed separately or with a request for
registration and enforcement or for registration and modification. The person
requesting registration shall give notice of the request to each party whose
rights may be affected by the determination.
REPORTER’S NOTE
The list of documents comprising the required record in
subsection (a) conflicts to a measurable degree with Convention arts. 11(3) and
25. Millions of domestic cases have been processed under the procedure
specified in this section, and approximately less than one-tenth of one percent
(0.001%) have involved a foreign support order. To amend this section to
conform to the Convention would be the perfect illustration of the tail wagging
the dog—or perhaps the tip of the tail.
(a) A support order or
income-withholding order issued in another State or foreign country is
registered when the order is filed in the registering tribunal of this State.
(b) A registered order issued in another
State or foreign country is enforceable in the same manner and is
subject to the same procedures as an order issued by a tribunal of this State.
(c) Except as otherwise provided in
this article [Act], a tribunal of this State shall recognize and
enforce, but may not modify, a registered order if the issuing tribunal had
jurisdiction.
(a) Except as otherwise provided in
subsection (d), the law of the issuing State or foreign country governs:
(1)
the nature, extent, amount, and duration of current payments under a registered
support order;
(2)
the computation and payment of arrearages and accrual of interest on the
arrearages under the support order; and
(3)
the existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrears
under a registered support order, the statute of limitation of this State, or
of the issuing State or foreign country, whichever is longer, applies.
(c) A responding tribunal of this
State shall apply the procedures and remedies of this State to enforce current
support and collect arrears and interest due on a support order of another
State or foreign country registered in this State.
(d) After a tribunal of this or
another State determines which is the controlling order and issues an order
consolidating arrears, if any, a tribunal of this State shall prospectively
apply the law of the State or foreign country issuing the controlling
order, including its law on interest on arrears, on current and future support,
and on consolidated arrears.
(a) When a support order or income-withholding order
issued in another State or a foreign support order is registered, the
registering tribunal of this State shall notify the nonregistering
party. The notice must be accompanied by a copy of the registered order and the
documents and relevant information accompanying the order.
(b) A notice must inform the
nonregistering party:
(1) that a registered support order
is enforceable as of the date of registration in the same manner as an order issued
by a tribunal of this State;
(2) that a hearing to contest the
validity or enforcement of the registered order must be requested within [20] days
after notice unless:
(A)
the registered order is subject to Section 707; or
(B)
the nonregistering party
resides outside of the United States or a State, in which case a hearing to
contest the order must be requested within 60 days after notice.
(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;
(2) notify the nonregistering party
of the right to a determination of which is the controlling order;
(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].
REPORTER’S NOTE
See
Convention art. 23
The requirement that a notice to
contest must be filed within [20] days has been retained (brackets indicate that
the length of time is suggested, not fixed). On the other hand, the Convention
requires a fixed 30 days, and a fixed 60 days if the respondent resides in a
foreign country, see Convention art.
23.
(a) A nonregistering
party seeking to contest the validity or enforcement of a registered support
order in this State shall request a hearing within [20] days after notice of
the registration in accordance with the notice provided in 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 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 the registered order, the registering tribunal shall schedule
the matter for hearing and give notice to the parties of the date, time, and
place of the hearing.
REPORTER’S NOTE
See Convention arts. 20, 22,
and preceding comment.
SECTION 607. CONTEST OF
REGISTRATION OR ENFORCEMENT.
(a) A party contesting the validity or enforcement
of a registered order or seeking to vacate the registration has the burden
of proving one or more of the following defenses:
(1)
the issuing tribunal lacked personal jurisdiction over the contesting party;
(2)
the order was obtained by fraud;
(3)
the order has been vacated, suspended, or modified by a later order;
(4)
the issuing tribunal has stayed the order pending appeal;
(5)
there is a defense under the law of this State to the remedy sought;
(6) full or partial
payment has been made;
(7)
the statute of limitation under Section 604 precludes enforcement of some or
all of the alleged arrearages; or
(8)
the alleged controlling order is not the controlling order.
(b) If a party presents evidence
establishing a full or partial defense under subsection (a), a tribunal may
stay enforcement of the registered order, continue the proceeding to permit
production of additional relevant evidence, and issue other appropriate orders.
An uncontested portion of the registered order may be enforced by all remedies
available under the law of this State.
(c) If the contesting party does not
establish a defense under subsection (a) to the validity or enforcement of the
order, the registering tribunal shall issue an order confirming the order.
SECTION 608. CONFIRMED
ORDER. Confirmation of a registered order,
whether by operation of law or after notice and hearing, precludes further
contest of the order with respect to any matter that could have been asserted
at the time of registration.
REPORTER’S NOTE
In
drafting UIFSA 1992 critical choices were made regarding modification of an
existing child-support order when all parties and the child had left the
issuing State. First, the original order was to remain in force
as the controlling order until
modified. Second, the issue was what to do when the parties resided in
different States. The deciding factor
centered on the undesirable effect of ambush jurisdiction. The drafting
committee objected to the possibility that the parties would vie to strike
first to obtain a home town advantage. Arguably this could discourage continued
contact with the children by the obligor
for fear of a lawsuit in a distant forum. Thus, modification in a forum with long-arm personal jurisdiction over both
parties was to be avoided. Indeed, repeated modification suits were to be
avoided. Ultimately, an alternative was produced, which has come to be known as
“the movant must play an away game,” as exemplified in Section 611.
The
requirements of Section 611, and the prohibition against assertion of long-arm
jurisdiction in the international context makes much less sense. Only because
the United States
is wedded to personal jurisdiction over the individual parties, rather than the
child-based jurisdiction found virtually everywhere else, does this issue
arise. Thus, a foreign country typically regards a support order to be one of
the country. In a few recognized instances orders are made by a political
subdivision, e.g., Canadian
provinces, also based on the obligee’s residence. Consideration was given to
labeling a support order of a State as an order of the United States. Conforming
modification to the general principles of state-control of the subject matter
through UIFSA, with an exception for appropriate assertion of long-arm
jurisdiction, seems the more conservative approach. Of course, the movant may
also choose to seek modification in the other party’s place of residence.
Some
of the General Provisions in Convention ch. VIII do not direct action to be
taken by a tribunal or agency of a U.S. State, or direct action that is already
covered by the law of the State in UIFSA or otherwise. As a preliminary
judgment, those that seem relevant to UIFSA have been included in UIFSA arts. 1
through 6. Obviously, further study will be necessary to confirm these
preliminary conclusions. Please note any disagreement with the conclusions.
SECTION 609. PROCEDURE TO REGISTER CHILD-SUPPORT ORDER OF
ANOTHER STATE FOR MODIFICATION. A party or
support enforcement
agency seeking to modify, or to
modify and enforce, a child-support
order issued in another State shall register that order
in this State in the same manner provided in Part 1 Sections 601
through 608 if the order has not
been registered. A [petition] for
modification may be filed at the same time as a request for
registration, or later. The pleading
must specify the grounds for
modification.
SECTION 610. EFFECT OF
REGISTRATION FOR MODIFICATION. A tribunal of this State may enforce a child-support order of another State
registered for purposes of
modification, in the same manner as if the order
had been issued by a tribunal of this State, but the registered order may be modified only if the requirements of
Section 611 or, 613 or 615 have been met.
(a) If Section 613 does not apply, except
as otherwise provided in Section 615, upon [petition] a tribunal of this
State may modify a child-support order issued in another State which is
registered in this State if, after notice and hearing, the tribunal finds that:
(1) the following requirements are
met:
(A)
neither the child, nor the obligee who is an individual, nor the obligor
resides in the issuing State;
(B)
a [petitioner] who is a nonresident of this State seeks modification; and
(C)
the [respondent] is subject to the personal jurisdiction of the tribunal of
this State; or
(2) this State is the State
of residence of the child, or a party who is an individual is subject to
the personal jurisdiction of the tribunal of this State, and all of the parties
who are individuals have filed consents in a record in the issuing tribunal for
a tribunal of this State to modify the support order and assume continuing,
exclusive jurisdiction.
(b) Modification of a registered child-support
order is subject to the same requirements, procedures, and defenses that apply
to the modification of an order issued by a tribunal of this State and the
order may be enforced and satisfied in the same manner.
(c) Except as otherwise provided
in Section 615, a A tribunal of this State may not modify any aspect
of a child-support order that may not be modified under the law of the issuing
State, including the duration of the obligation of support. If two or more
tribunals have issued child-support orders for the same obligor and same child,
the order that controls and must be so recognized under Section 207 establishes
the aspects of the support order which are nonmodifiable.
(d) In a proceeding to modify a child-support
order, the law of the State that is determined to have issued the initial
controlling order governs the duration of the obligation of support. The
obligor’s fulfillment of the duty of support established by that order
precludes imposition of a further obligation of support by a tribunal of this
State.
(e) On the issuance of an order by a
tribunal of this State modifying a child-support order issued in another State,
the tribunal of this State becomes the tribunal having continuing, exclusive
jurisdiction.
(f) Without regard to the
restrictions on modification of a child-support order stated in Section 201(b)
and this section, a tribunal of this State retains jurisdiction to modify an order issued by a tribunal of this State if:
(1) one party resides in another State;
and
(2) the other party resides in a country
other than the United States.
SECTION 612. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE. If a child-support order issued by a tribunal of this
State is modified by a tribunal of another State which assumed jurisdiction
pursuant to the Uniform Interstate Family Support Act, a tribunal of this
State:
(1)
may enforce its order that was modified only as to arrears and interest
accruing before the modification;
(2)
may provide appropriate relief for violations of its order which occurred
before the effective date of the modification; and
(3)
shall recognize the modifying order of the other State, upon registration, for
the purpose of enforcement.
(a) If
all of the parties who are individuals reside in this State and the child does
not reside in the issuing State, a tribunal of this State has jurisdiction to
enforce and to modify the issuing State’s child-support order in a proceeding
to register that order.
(b) A tribunal of this State
exercising jurisdiction under this section shall apply the provisions of [Articles]
1 and 2, this [article], and the procedural and substantive law
of this State to the proceeding for enforcement or modification. [Articles]
3, 4, 5, 7, and 8 do not apply.
SECTION 614. NOTICE TO ISSUING TRIBUNAL OF MODIFICATION. Within [30] days after issuance of a modified child-support
order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing,
exclusive jurisdiction over the earlier order,
and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject
to appropriate sanctions by a tribunal in which the issue of failure to file
arises. The failure to file does not affect the validity or
enforceability of the modified order of the new tribunal having continuing,
exclusive jurisdiction.
(a) Except
as otherwise provided in Section 711, If if a foreign country or political subdivision that
is a State will not or may not modify its order lacks or refuses to
exercise jurisdiction to modify its child-support order pursuant to its
laws, a tribunal of this State may assume jurisdiction to modify the child-support
order and bind all individuals subject to the personal jurisdiction of the
tribunal whether or not the consent to modification of a child-support order
otherwise required of the individual pursuant to Section 611 has been given or
whether the individual seeking modification is a resident of this State or of
the foreign country or political subdivision.
(b) An
order issued by a tribunal of
this State modifying a foreign child-support
order pursuant to this section is the controlling order.
REPORTER’S NOTE
This
revision of UIFSA § 615 is consistent with Convention art. 18(2)(c), which
limits proceedings initiated by the obligor when the obligee remains in the
issuing state. The contemplation here is that the obligee will seek
modification, but will be unable to obtain it because the obligor will not
appear to defend or the obligee must appear in a distant forum.
SECTION 616. PROCEDURE
TO REGISTER CHILD-SUPPORT ORDER OF FOREIGN COUNTRY FOR MODIFICATION.
A party or support enforcement agency
seeking to modify, or to modify and enforce, a foreign child-support order may
register that order in this State as provided in Sections 601 through 608 if
the order has not been registered. A [petition] for modification may be filed
at the same time as a request for registration, or at another time. The [petition]
must specify the grounds for modification.
REPORTER’S NOTE
As originally presented to the
Uniform Law Conference in UIFSA 1992, [Article] 7 contained a wide variety of
substantive and procedural sections regarding parentage actions. All those
provisions were rejected in floor debate except the single Section 701, which
is now shown as deleted below and moved to Section 402. This freed [Article] 7 to
contain special rules for orders and proceedings of the Convention that do not
conform to UIFSA.
In
drafting a new iteration of UIFSA, an important fact must be kept in mind. If
and when two-thirds of the U.S.
Senate gives advice and its consent to the new Convention, the President signs,
and the appropriate documents are deposited in The Hague, NL, the Convention will be finally
ratified and become the “law of the land.” However, because the treaty is not
self-executing, it will require either additional federal or State law to become
fully effective. Another crucial fact is that establishment, enforcement, and
modification of child-support and spousal support orders historically have been
matters for state tribunals. Although the existence of substantial federal
subsidies has led to a cooperative effort between state and federal
governments, the mode for establishment, enforcement, and modification remains with
the judicial and administrative entities of the States.
In any
event, the language of the Convention is what it is, and is not subject to
domestic amendment. The choice for the U.S. Senate is to accept all or
none of the provisions of the Convention, other than those few that are subject
to reservation by individual Contracting States. However, there is ample precedent
for the Senate to attach significant conditions to be met before its consent is
operative. For bench and bar in the States to function efficiently, a
translation of HccH treaty-English into UIFSA language is not only permissible,
but, in my opinion, is vital to facilitate implementation of the Convention at
ground level. This conclusion has been acknowledged by William Duncan, Deputy
Secretary General, HccH Secretariat.
Gathering
the provisions of the Convention applicable to a proceeding involving a foreign
country in [Article] 7, if not clearly already covered in UIFSA, will eliminate
the necessity to pick and choose when to insert or delete existing text
throughout the Act. Although chapter 2 is controlling insofar as establishing
personal jurisdiction over a party when required in a case involving a foreign
country, the provisions to accomplish this do not need to be amended in this
chapter.
UIFSA should
not remain passive regarding the effect of a support order issued by a foreign
tribunal entitled to enforcement by a “tribunal of this State.” For example,
although the terms “modify” and “modification” are much employed in the text of
the draft Convention (17 times in all), many questions about that process go
unanswered in the Convention. UIFSA may fill these gaps. Moreover, many of the provisions in Convention chs. VI
to IX pose questions about which of those to include in UIFSA. For example, Convention
arts. 26 and 27 have been included in rewritten form even though UIFSA already
contains the principles expressed. This illustrates the persuasive influence
exerted by UIFSA 2001 to influence the Hague negotiations. This effect is even
clearer in Convention arts. 32 through 36.
This draft adopts the position
that a very limited number of amendments to UIFSA are required for Convention
Chapters II and III (some duplication is already present). Similarly, from Convention
arts. 44 through 65 no UIFSA amendments are proposed. The rationale is that
agreements between sovereign nations and duties of central authorities are
beyond the jurisdiction of state legislatures to regulate.
SECTION
701. PROCEEDING TO DETERMINE PARENTAGE.
A court of this
State authorized to determine parentage of a child may serve as a responding
tribunal in a proceeding to determine parentage brought under this [Act] or a
law or procedure substantially similar to this [Act].
REPORTER’S NOTE
The original Section 701 has been moved
to Section 402, supra.
SECTION 701. DEFINITIONS. In this [article]:
(1) “Application”
means a request under the Convention by an obligee, obligor, or on behalf of a
child, made through a central authority for
assistance from another central authority.
(2) “Central authority”
means the entity designated by a country to perform the functions specified in
the Convention.
(3) “Direct request” means a
[petition] filed by an individual in a tribunal of this State in a proceeding involving
an obligee, obligor, or child residing outside the United States or a State.
(4) “Foreign central authority” means the entity designated
by a foreign country in which the Convention is in force with respect to the United States
to perform the functions specified in the Convention.
(5)
“Foreign support
agreement” means an agreement for support in a record, also known as a
maintenance arrangement in the Convention, that:
(A) is
enforceable as a support order in the country of origin;
(B) has been
formally drawn up or registered or has been authenticated by, or concluded,
registered, or filed with a foreign tribunal; and
(C) may be reviewed and modified
by a foreign tribunal.
(6) “Foreign
support order” means an order of a
tribunal of a foreign country in which the Convention is in force with respect to the
United States.
(7) “United States central authority”
means the Secretary of the United States Department of Health and Human
Services.
SECTION 702. APPLICABILITY. This [Article] applies only to a
support proceeding involving a foreign country in which the Convention is in
force with respect to the United States. In such a proceeding, if a provision
of this [Article] is inconsistent with a provision in [Articles] 1 through 6, [Article]
controls.
REPORTER’S NOTE
See Convention arts. 1 and 2.
SECTION 703. RELATIONSHIP
OF [GOVERNMENTAL ENTITY] TO United States CENTRAL AUTHORITY.
The [governmental entity] of this State recognized
as the agency designated by the United States central authority to perform
specific functions under the Convention.
REPORTER’S NOTE
See Convention arts. 4-17
(a)
In a proceeding subject to the Convention, the [governmental entity] of
this State shall:
(1) transmit and receive applications; and
(2) initiate or facilitate the institution of a proceeding
regarding an application in a tribunal of this State.
(b)
The following support proceedings are available to an obligee under the Convention:
(1)
recognition or recognition and enforcement of a foreign support order;
(2)
enforcement of a support order issued or recognized in this State;
(3)
establishment of a support order if there is no existing order, including,
where necessary, determination of parentage;
(4)
establishment of a support order if recognition of a foreign support order is
not possible or is refused because of the lack of a basis for recognition and
enforcement under Section 708 or on grounds specified in Section 709(2) or (5);
(5)
modification of a support order made by a tribunal of this State; and
(6)
modification of an foreign support order.
(c)
The following support proceedings are available under the Convention to an
obligor against whom there is an existing support order:
(1)
recognition of an order suspending or limiting enforcement of an existing
support order of a tribunal of this State;
(2)
modification of a support order of a tribunal of this State; and
(3)
modification of a support order of a tribunal of another State or foreign
country.
(d)
A tribunal of this State may not require security, bond, or deposit, however
described, to guarantee the payment of costs and expenses in proceedings under
the Convention.
(a) A [petitioner] may file a
direct request in a tribunal of this State seeking the establishment or
modification of a support order or determination of parentage. In such a
proceeding, the law of this State applies.
(b) A [petitioner] may file a
direct request in a tribunal of this State seeking the recognition and
enforcement of a support order or support agreement. In such a proceeding, the provisions
of Sections 706 through 712 apply.
(c) In a direct request for
recognition and enforcement of a foreign support order or agreement,
(1) no security, bond, or
deposit shall be required to guarantee the payment of costs and expenses
related to the proceedings; and
(2) the obligee or obligor,
who in the issuing country has benefited from free legal assistance, shall be
entitled to benefit, at least to the same extent, from any free legal assistance
provided for by the law of this State under the same circumstances.
(d) An individual filing
directly to a tribunal will not receive assistance from the [governmental
entity].
(e) Nothing in this [Article] prevents the application
of laws of this State that provide simplified, more expeditious rules regarding
a direct request for recognition and enforcement of a foreign support order or
support agreement.
SECTION
706. REGISTRATION OF support order
SUBJECT TO CONVENTION.
(a)
Except as otherwise provided in this [Article], a party who is an individual or
a support enforcement agency seeking recognition of a foreign
support order subject to the Convention shall register the order in this State
as provided in [Article] 6.
(b)
Notwithstanding Sections 311 and 602, a request for
registration of a foreign support
order subject to the Convention shall be accompanied by:
(1) a
complete text of the support order, or an abstract or extract of the support
order drawn up by the issuing foreign tribunal, which may be in the form
recommended by the Hague Conference on Private International Law;
(2) a
record stating that the support order is enforceable in the issuing country;
(3) if
the respondent did not appear and was not represented in the proceedings in the
issuing country, a record attesting, as
appropriate, either that the respondent had proper notice of the proceedings
and an opportunity to be heard, or that the respondent had proper notice of the
support order and the opportunity to
challenge or appeal it on fact and
law;
(4) if
necessary, a record showing the amount of any arrears, and the date
the amount was calculated;
(5) if
necessary, a record showing a requirement for automatic
adjustment of the amount of support, if any, and the information
necessary to make the appropriate calculations; and
(6) if necessary, a record showing the extent to which the applicant received
free legal assistance in the issuing country.
(c)
A request for registration of a foreign support order may seek recognition and partial
enforcement of the order.
(d)
A tribunal of
this State may refuse to register a foreign
support order only if recognition and enforcement of
the order is manifestly incompatible
with public policy.
(e)
The tribunal shall promptly notify the parties of the registration or the
refusal to register a foreign support order.
REPORTER’S NOTE
See
Convention art. 25, 32
(a)
Except as otherwise provided in this [Article], Sections 605 through 608 apply to a contest of the
validity of a registered foreign support order subject to the Convention.
(b)
A party contesting the recognition and enforcement
of a registered foreign support order subject to the Convention must file a contest within
30 days after notice of the registration unless the contesting party does not
reside in the United States or a State, in which case the contest must be filed
within 60 days after notice.
(c)
A contest of a registered
foreign support order may be based only on:
(1)
the authenticity or integrity of any
record transmitted in accordance
with Section 706;
(2) the lack of a basis for
enforcement under Section 708;
(3) the grounds for refusing
enforcement under Section 709; or
(4) the payment in part or whole
of the alleged arrears.
(d)
In a contest of
the validity of a registered foreign support order, a tribunal of this
State:
(1) is bound by the findings of
fact on which the foreign tribunal based its jurisdiction; and
(2) may not review the merits of
the support order.
(e)
A tribunal of this State deciding a contest of the validity of a registered
foreign support order shall promptly notify the parties of its decision.
(f)
An appeal,
if any, does not stay the enforcement
of a foreign
support order unless there are exceptional circumstances.
REPORTER’S NOTE
See
Convention arts. 23, 27, 28
(a)
A tribunal of this State shall recognize and enforce a foreign
support order subject to the Convention if:
(1) the issuing tribunal had personal
jurisdiction consistent with Section 201 of this [Act]; and
(2) the order
is enforceable in the issuing country.
(b) If a tribunal of this State may
not recognize a foreign support
order because under similar facts the tribunal would not have had personal jurisdiction
consistent with Section 201:
(1) the
tribunal must allow a reasonable time for a party to request the tribunal to establish
a support order;
(2) the tribunal may not use its refusal to
recognize the foreign support order as a basis for dismissing the request;
(3)
the [governmental entity] shall take all appropriate measures to request a child-support
order for the obligee if the application
for recognition and enforcement was received under Section 704(a).
(c) If a tribunal of
this State may not recognize and enforce the whole of a foreign support order,
it shall enforce any severable part of the order. An application or direct
request may seek recognition and partial enforcement of a foreign support order.
REPORTER’S NOTE
See
Convention art. 20, 21, 27, 28
Because in the rest of the world
the residence of the obligee and child is determinative of jurisdiction to
establish and modify a support order, the issue of personal jurisdiction over
the obligor is basically moot. This distinction forms the basis of Convention
art. 20, Bases for Recognition and Enforcement. That the United States will take a reservation
to Convention art. 20 regarding “creditor-based” jurisdiction was understood by
all parties to the negotiations. This provision takes that understanding an
identical step forward regarding a modification of the original support order.
SECTION 709. REFUSAL OF RECOGNITION AND ENFORCEMENT OF
FOREIGN support order SUBJECT TO CONVENTION. A tribunal of this state may refuse
recognition and enforcement of a foreign support order subject to the Convention
if:
(1)
recognition
and enforcement of the order is manifestly incompatible with public policy;
(2)
the order was obtained by fraud in connection with a matter of procedure;
(3)
a proceeding between the same parties and having the same purpose is pending
before a tribunal of this State and
that proceeding was the first to be instituted;
(4)
the order is incompatible with a more recent support order issued between the same
parties and having the same purpose if the more
recent support order is entitled to recognition and enforcement
in this State;
(5)
in a case in which the respondent neither appeared nor was represented in the
proceeding in the issuing foreign country when the law of the country:
(A) provides for notice of
proceedings, the respondent did not have proper notice of the proceedings and an
opportunity to be heard; or
(B) does not provide for notice of the proceedings, the respondent did not
have proper notice of the order and
the opportunity to challenge or appeal it on fact and law; or
(6)
the order was made in violation of Section 711.
REPORTER’S NOTE
See
Convention arts. 20, 22
(a)
Except as provided in subsections (c) and (d), a tribunal of this State shall
recognize and enforce a foreign support
agreement registered in this State.
(b)
An application or direct
request for
recognition and enforcement of a foreign support
agreement shall be accompanied by:
(1) a complete text of the foreign support
agreement; and
(2) a record stating that the foreign support
agreement is enforceable as a
decision in the issuing country.
(c) A
tribunal of this State may refuse to register a foreign
support agreement only if registration
is manifestly incompatible with public policy.
(d) A tribunal of this State may refuse recognition
and enforcement of a foreign support
agreement if it finds:
(1)
recognition and enforcement of the
agreement is manifestly incompatible with public policy;
(2) the agreement was
obtained by fraud or falsification;
(3) the agreement is
incompatible with a support order issued between the same parties and having
the same purpose, either in this State, another State, or
a foreign country if the support order is entitled to recognition in this State;
or
(4)
the record submitted under subsection (b) lacks authenticity or integrity.
(e)
A proceeding for recognition and enforcement of a foreign
support agreement shall be suspended
during the pendency of a challenge to the agreement before a tribunal of
another State or foreign country.
REPORTER’S NOTE
See
Convention arts. 3 & 30
(a)
A tribunal of this State may not modify a foreign
child-support order if the obligee remains a resident of the foreign country
where the support order was issued unless:
(1)
the obligee submits to the jurisdiction of a tribunal of this State, either
expressly or by defending on the merits of the case without objecting to the
jurisdiction at the first available opportunity; or
(2)
the foreign tribunal lacks or refuses to exercise jurisdiction to
modify its support order or issue a
new support order.
(b)
If a tribunal of this State not modify the foreign child-support order because
the order may not be recognized in this State, the provisions of Section 708
apply.
REPORTER’S NOTE
See Convention art. 18.
The term “modify” and its
variants is used 17 times in the text of the Convention, but many questions
remain unanswered. Ultimately UIFSA may legitimately fill these gaps.
SECTION 712. JURISDICTION TO MODIFY spousal-SUPPORT ORDER
OF FOREIGN COUNTRY. A
tribunal of this State with personal jurisdiction over the parties may modify a
spousal-support order of a foreign tribunal if :
(1)
the foreign tribunal lacks or refuses to exercise jurisdiction to modify its
order pursuant to its laws.
(2)
there is agreement in writing between the parties to the jurisdiction of the
tribunal of this State; or
(3)
the parties submit to the jurisdiction of the tribunal of this State expressly
or by defending on the merits without objecting.
REPORTER’S NOTE
See Convention art. 18.
The term “modify” and its
variants is used 17 times in the text of the Convention, but many questions
remain unanswered. Ultimately UIFSA may legitimately fill these gaps.
(a) For purposes of this [article],
“governor” includes an individual performing the functions of governor or the
executive authority of a State covered by this [Act].
(b) The governor of this State may:
(1) demand that the
governor of another State surrender an individual found in the other State who
is charged criminally in this State with having failed to provide for the
support of an obligee; or
(2) on the demand of the
governor of another State, surrender an individual found in this State who is
charged criminally in the other State with having failed to provide for the
support of an obligee.
(c) A provision for extradition of
individuals not inconsistent with this [Act] applies to the demand even if the
individual whose surrender is demanded was not in the demanding State when the
crime was allegedly committed and has not fled therefrom.
(a) Before making a demand that the
governor of another State surrender an individual charged criminally in this
State with having failed to provide for the support of an obligee, the governor
of this State may require a prosecutor of this State to demonstrate that at
least [60] days previously the obligee had initiated proceedings for support
pursuant to this [Act] or that the proceeding would be of no avail.
(b) If, under this [Act] or a law
substantially similar to this [Act], the governor of another State makes a
demand that the governor of this State surrender an individual charged
criminally in that State with having failed to provide for the support of a
child or other individual to whom a duty of support is owed, the governor may
require a prosecutor to investigate the demand and report whether a proceeding
for support has been initiated or would be effective. If it appears that a
proceeding would be effective but has not been initiated, the governor may
delay honoring the demand for a reasonable time to permit the initiation of a
proceeding.
(c) If a proceeding for support has
been initiated and the individual whose rendition is demanded prevails, the
governor may decline to honor the demand. If the [petitioner] prevails and the
individual whose rendition is demanded is subject to a support order, the
governor may decline to honor the demand if the individual is complying with
the support order.
SECTION 901. UNIFORMITY
OF APPLICATION AND CONSTRUCTION. In applying and construing this Uniform
Act consideration must be given to the need to promote uniformity of the law
with respect to its subject matter among States that enact it.
SECTION 902. SEVERABILITY
CLAUSE. If any provision of this [Act] or its
application to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this [Act] which can be given
effect without the invalid provision or application, and to this end the
provisions of this [Act] are severable.
SECTION 903. Repeals. The following
acts and parts of acts are hereby repealed:
(1)
(2)
(3)
SECTION 904. EFFECTIVE
DATE. This
[Act] takes effect…………….
