FOR APPROVAL
AMENDMENTS TO UNIFORM INTERSTATE FAMILY SUPPORT ACT
(2001)
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM
STATE LAWS
MEETING
IN ITS ONE-HUNDRED-AND-SEVENTEENTH YEAR
BIG
SKY, MONTANA
JULY
18 - 25, 2008
AMENDMENTS TO UNIFORM INTERSTATE FAMILY SUPPORT ACT
(2001)
AMENDMENTS TO UNIFORM INTERSTATE FAMILY
SUPPORT ACT (2001)
SECTION 101. SHORT TITLE. This [Act] may be cited as the
Unif
SECTION 102. DEFINITIONS. In this [Act]:
(1) “Child” means
an individual, whether over
(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, that under its law auth
(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 f
(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 of 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 authin 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, a political subdivision
of a State or a 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) a person 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.
(18)
“Outside this State” means a location in another State or a country other than
the United States, whether or not the country is defined as a foreign country.
(14) (19)“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) (20) “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) (21) “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) (22) “Registering tribunal”
means a tribunal in which a support order
(18) (23) “Responding State” means a
State in
which a proceeding is filed an initiating another
State or foreign country under this [Act] .
(19) (24) “Responding tribunal” means the
auth
(20) (25) “Spousal-support order”
means a support order for a spouse or former spouse of the obligor.
(21) (26) “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 nation or 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) (27) “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) (28) “Suppby a tribunal in a another of State or foreign
country for the benefit of a child, a spouse, and It may include related costs and fees, interest,
income withholding, automatic adjustment, att
(24) (29) “Tribunal” means a court,
administrative agency, or quasi-judicial entity authorized to establish,
enforce, or modify support orders or to determine parentage.
(30)
“United States” means all 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 supp
(1) a
f
(2) a f
(3)
an obligee, oblig
(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 supp
(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 fthe 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 f
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]
(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]
(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
(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.
(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 or foreign country having continuing, exclusive jurisdiction over that order under the law of that State or foreign country.
(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 enf
(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].
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 enf
(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.
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:
(1)
shall provide services to a [petitioner] residing in a State,
(2)
shall provide services to a [petitioner] requesting services through a central
authority of a foreign country as defined in Section 102(5)(A) or (D); and
(3) may provide
services to a [petitioner] who is an individual not residing in a State.
(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.
Legislative Note:
The state legislature may enact Alternative A at any time without restriction
in order to maintain the practice under current law.
The state legislature may choose to enact Alternative
B if the federal legislation enabling the entry into force of the Convention
contains a provision authorizing an option for the state enforcement agency to
accept or reject an application for services originating in a foreign country
that is not a country defined in Section 102(5)(A) or (D), a.k.a., a foreign
reciprocating country or a foreign treaty country.
(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,
(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) The [petitioner] may not be required to pay a filing fee
(b) If an
obligee prevails, a responding tribunal of this State may assess against
an oblig
(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.
(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
(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 fin another outside
this State.
(c) A copy of the rec
(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,
(f) In a proceeding under this
[Act], a tribunal of this State shall permit a party in another outside this State to be deposed in that State. A tribunal of this State shall cooperate
with other tribunals of other States in designating an
appropriate location f
(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.
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 rec in the other State . A tribunal of this State may furnish similar infof another outside this
State or foreign
country or
political subdivision.
SECTION 318.
ASSISTANCE WITH DISCOVERY. A tribunal of this state 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.
(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.
(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 in another outside this State; or
(2)
the suppin 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.
SECTION 701 402. PROCEEDING TO DETERMINE PARENTAGE.
A tribunal of this State auth
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.
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
support order 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].
SECTION 601. REGISTRATION OF ORDER FOR ENFORCEMENT.
A support order or income-withholding
order issued in by a tribunal of another state State or
a foreign support order may be registered in this state State for
enforcement.
(a) Subject to Section 706, A
a support order and inf
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.
(a) A support order or income-withholding order issued in another State or a foreign support order 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 the registered order is subject to
Section 707;
(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].
(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.
SECTION 607. CONTEST
OF REGISTRATION OR ENFORCEMENT.
(a) A party contesting the validity
(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.
SECTION 609. PROCEDURE
TO REGISTER CHILD-SUPPORT ORDER OF ANOTHER STATE FOR MODIFICATION. A party Part 1 Sections 601 through 608
if the
SECTION 610. EFFECT
OF REGISTRATION FOR MODIFICATION. A tribunal of this State may enf, 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
(1) one party resides in another State;
and
(2) the other party resides outside 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
(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
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 not
subject to the Convention 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.
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].
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 auth
(2) “Central auth
(3) “Convention 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.
(4) “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.
(5) “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.
(6) “F
(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 f
(7) “United States central
auth
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 of [Articles] 1 through 6,
this [Article] controls.
SECTION 703. RELATIONSHIP
OF [GOVERNMENTAL ENTITY] TO United States CENTRAL AUTHORITY.
The [governmental entity] of this State
is recognized as the agency designated by the United States central authority
to perf
(a)
In a proceeding subject to the Convention, the [governmental entity] of
this State shall:
(1) transmit and receive applications; and
(2) initiate
(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
refused under Section708(2), (4), or (9);
(5) modification of a support order of
a tribunal of this State; and
(6) modification of a
support order of a tribunal of another State or foreign country.
(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 713 apply.
(c) In a direct request
for recognition and enforcement of a Convention support order or foreign
support 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 with 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.
(a)
Except as otherwise provided in this [Article], a party who is an individual or
a support enforcement agency seeking recognition of a Convention support
order shall register the order in this State as provided in [Article] 6.
(b) Notwithstanding Sections 311 and 602(a),
a request f
(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 rec
(3) if the
respondent did not appear and was not represented in the proceedings in the
issuing country, a rec
(4) a record
showing the amount of arrears, if any, and the date the
amount was calculated;
(5) a record showing
a requirement for automatic adjustment of
the amount of support, if any, and the inf
(6) if necessary, a rec
(c) A request for registration of a Convention
support order may seek recognition and partial enforcement of the order.
(d)
A tribunal of this State may vacate the registration of a Convention support
order on its own motion, without the filing of a contest under Section 707,
only if the tribunal finds that recognition and enforcement of the order would
be manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of
the registration or the order vacating the registration of a Convention
support order.
(a)
Except as otherwise provided in this [Article], Sections 605 through 608
apply to a contest of a registered Convention support order.
(b) A party contesting a registered Convention
support order must file
a contest within
30 days after notice of the registration unless the contesting party does not
reside in the United States, in which case the contest must be filed
within 60 days after notice.
(c)
If the nonregistering party fails to contest the registered Convention support
order in a timely manner, the order is enforceable by operation of law.
(d) A contest of a registered Convention
support order may
be based only on grounds set forth in Section 708, and the contesting
party bears the burden of proof.
(e) In a contest
of
a registered Convention 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.
(f) A tribunal of this State deciding a contest
of a registered Convention support order shall promptly notify the parties of
its decision.
(g) An
appeal,
if any, does not stay the enf
SECTION
708. REFUSAL OF RECOGNITION AND ENFORCEMENT OF REGISTERED
Convention support order. A tribunal of this State may refuse recognition
and enforcement of a registered Convention support order only on the following
grounds:
(1)
recognition and enforcement of the order is manifestly incompatible with public
policy, including the failure of the issuing tribunal to observe minimum standards
of due process, which include notice and an opportunity to be heard;
(2)
the issuing tribunal lacked personal jurisdiction consistent with Section 201
of this [act];
(3)
the order is not enforceable in the issuing country;
(4) the order was obtained by fraud in connection with
a matter of procedure;
(5)
a record transmitted in accordance with Section 706 lacks authenticity or
integrity;
(6) a proceeding between the same parties and
having the same purpose is pending bef
(7) the
(8)
payment, to the extent alleged arrears have been paid in whole or in part;
(9) in a case in which the respondent neither
appeared nor was represented in the proceeding in the issuing foreign country
when the law of that country:
(A) provides for prior
notice of proceedings, the respondent did not have proper notice of the
proceedings and an opportunity to be heard; or
(B) does not provide
f
(10) the
(a) If
a tribunal of this State may not recognize and enforce the whole of a
Convention support order, it shall enforce any severable part of the order. An application or direct request may
seek recognition and partial enforcement of a Convention support order.
(b) If a
tribunal of this State may not recognize a Convention support order under
Section 708(2), (4) or (9):
(1)
the tribunal may not dismiss the proceeding without allowing a reasonable time
for a party to request the establishment
of a new support order;
(2)
the [governmental entity] shall take all appropriate measures to request a
child-support order f
(a) Except as
provided in subsections (c) and (d), a tribunal of this State shall recognize
and enforce a foreign supp
(b) An application
(1) a complete text of the f
(2) a record stating that the f
(c) A
tribunal of this State may vacate the registration of a f
(d) In a contest of a
foreign support agreement, a tribunal of this State may refuse recognition and
enf
(1) recognition and
enf
(2) the agreement was
obtained by fraud
(3) the agreement is
incompatible with a support order involving the same parties and having
the same purpose,
either in this State, another State,
(4) the record
submitted under subsection (b) lacks authenticity
(a) A
tribunal of this State may not modify a child-support order subject to
the Convention 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 f
SECTION 712. PERSONAL INFORMATION; LIMIT ON USE. Personal information gathered or
transmitted under this [Article] may be used only for the purposes for which it
was gathered or transmitted.
SECTION 713. ENGLISH TRANSLATION REQUIRED. A record filed with a tribunal of this State under this [Article] must be in the original language and, if necessary, must be accompanied by an English translation.
(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……………. and applies to a proceeding commenced on or after the effective date to establish a support order or determine parentage or to register, recognize, enforce, or modify a prior order or agreement, whether issued or entered into before, on, or after the effective date.