Transcript Interstate 101 - Welcome! | North Carolina Child Support

UIFSA – Today &
Tomorrow
UIFSA? Tell me more!
Controlling Order
The order that governs your case
 “Which” order is the enforceable order

Continuing, Exclusive Jurisdiction (CEJ)

“Which” jurisdiction has authority to modify the
order
Which State Has CEJ?
CEJ rules very clear in UIFSA, section 205
CEJ =
+ Individual Party or Child
What if there is only one order?
If there is only
ONE order for
current support
and
Obligor, obligee,
or child lives in
the state with
the order
then
That is the
controlling order
and that issuing
tribunal has
CEJ .
What if only one order exists but all the
parties have left the state?
If there is only
ONE order for
current support
and
No party or child
lives in
the state with
the order, then
That is still the
controlling order
BUT the issuing
tribunal does
NOT have CEJ
to modify the
order.
What if there are multiple orders?
Section 207 of UIFSA has rules for determining the
controlling order. The State that issued the controlling
order has modification jurisdiction. If there is no
controlling order, a state with jurisdiction over the
non-requesting party must establish a new order.
Changes from 1996 to 2001
UIFSA
 Determination of Controlling Order

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
Jurisdiction
Who can request and when it can occur
Notice
Findings – consolidation of arrears
 Modification jurisdiction
 Telephone hearings
 International provisions
Why UIFSA 2008?
 Hague Convention on the
International Recovery of Child Support
and Other Forms of Family Maintenance

Negotiated from 2003 – 2007
US Goals during Hague Negotiation

Minimal burden on IV-D agencies

Procedures that produce results and are
accessible, prompt, efficient, cost-effective,
responsive, and fair

Cost-free services in international child
support cases
Current Status of Ratification
 Convention is in Effect!
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Norway
Albania
Bosnia and Herzegovina
US Ratification in 2015?
One can only hope!
What Needs to Happen?
 The Senate gave advice and consent to ratify
the Convention on September 29, 2010.
 Congress must approve the implementing
legislation.
 States must adopt UIFSA 2008.
 The President must deposit documentation with
the Hague Conference on Private International
Law ratifying the Convention.
Goals of UIFSA 2008
Implement the Hague Convention
Address international cases in general
Build upon UIFSA 2001
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UIFSA 2008 Drafting Committee
 Hague Convention is not exclusive
remedy for international case processing.

UIFSA 2001 already contained provisions re:
bilateral agreements
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Status of Bilateral Agreements
The U.S. currently has bilateral
reciprocity agreements with 14
countries and 12 Canadian
Provinces.
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Foreign Reciprocating Countries
Australia
Canadian Provinces/Territories
Alberta, British Columbia, Manitoba, New
Brunswick, Northwest Territories, Nunavut,
Newfoundland/Labrador, Nova Scotia, Ontario,
Prince Edward Island, Saskatchewan, Yukon
Czech Republic
El Salvador
Finland
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Foreign Reciprocating Countries
(cont’d)
Hungary
Ireland
Israel
Netherlands
Norway
Poland
Portugalnited
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Foreign Reciprocating Countries
(cont’d)
Slovak Republic
Switzerland
The United Kingdom of Great Britain
and Northern Ireland
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UIFSA 2008 Drafting Committee
 With regard to international case
processing -UIFSA 1996 & 2001 also already contained
provisions re: state reciprocity arrangements.
 AND a tribunal may recognize a foreign
order on basis of comity.

 Some concepts – CEJ and DCO – do not
fit neatly in international arena.
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New Definition of Foreign Country
•
UIFSA 2001 incl. “qualified” foreign
countries within definition of State
•
UIFSA 2008 has separate definition that
incl. many, but not all, foreign nations:
A country, including a political subdivision
thereof, other than the United States, that
authorizes the issuance of support orders
and:
(A) has been declared under US law to be a
foreign reciprocating country;
(B) Has established a state reciprocal
arrangement for child support;
(C) Has law or procedures for the issuance
and enforcement of support orders which
are substantially similar to UIFSA
procedures; or
(D) In which the Convention is in force
with respect to the United States.
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Other Definitions
“State” – a state of the United States, the
District of Columbia, Puerto Rico, the
United States Virgin Islands, or any
territory or insular possession under US
jurisdiction. Term includes an Indian nation
or tribe.
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Road Map for International Cases
 Articles 1 thru 6 (UIFSA 2001+) apply to a
support proceeding involving:
A foreign support order;
 A foreign tribunal; or
 An obligee, obligor, or child residing in a foreign
country.

 Articles 1 thru 6 may be applied by a tribunal
recognizing and enforcing a foreign support order
on basis of comity
 New Article 7 applies only to Convention
proceedings.
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Establishment under UIFSA 2008
“Business as usual”
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Enforcement under UIFSA 2008
 Direct income withholding only for
support orders issued by a state. No
longer requires US employers to honor
DIWs from foreign countries.
 Registration for enforcement is different if
request for enforcement comes from a
Hague country.
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Registration for Enforcement
 Procedure for non-Hague Foreign Support
Orders
 UIFSA 2001
 Procedure for Hague Foreign Support Orders
 New Article 7
 Major difference
 Documents
 Time frames
 Defenses
Required Documents
Non-Hague Foreign Support
Orders
Transmittal letter
Two copies of order, including 1
certified copy
Sworn or certified statement of
arrears
Certain obligor & obligee
information
Name/address of person to whom
support payments to be sent (if
applicable)
Request for DCO, if appropriate
Hague Foreign Support Orders
Transmittal letter
Complete text of order (or
abstract by issuing tribunal)
Record: order is enforceable in
issuing country
Record attesting to due process (if
default order)
Record: arrears and automatic
adjustment of support
Record of receipt of free legal
assistance in issuing country (if
necessary)
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Time Frame to Contest
 Non-Hague Foreign Support Orders

Within [20] days after notice of
registration
 Hague Foreign Support Orders
Not later than 30 days after notice of
registration
 Not later than 60 days after notice if
contesting party does not reside in US

“New” Defenses
Hague Foreign Support Orders
 Recognition and enforcement of order is manifestly
incompatible with public policy, including failure of
issuing tribunal to observe minimum standards of due
process;
 Issuing tribunal lacked personal jurisdiction consistent
with Section 201;
 Order is not enforceable in issuing country;
 If default order, there was a lack of due process re:
notice & opportunity to be heard
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Non-Recognition of Hague Order
If a tribunal does not recognize a Convention
support order because
• There was a lack of personal jurisdiction
• There was procedural fraud
• A proceeding between same parties with same
purpose is pending before a tribunal of that state
and that proceeding was filed first
• The order is a default order but the notice and
opportunity to challenge did not satisfy due
process
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Non-Recognition of Hague Order (cont’d)
THEN
the tribunal may not dismiss the proceeding
without allowing a reasonable time for a party
to request the establishment of a new
Convention support order.
 and the [governmental entity] must take all
appropriate measures to request a childsupport order for the obligee if the application
for recognition and enforcement was received
through the Central Authority system.

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Modification under UIFSA 2008
 Adds provisions related to modification of order
issued by a “state“

NC order, one party remains in US and other party is in
a foreign country
 Includes provision related to modification of
order issued by a foreign country
 Adds provision related to modification of order
from a Hague country
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Resources Related to UIFSA
 TEMPO on DCO (IM-01-02)
 TEMPO on UIFSA 2001 (IM-03-01)
www.acf.hhs.gov/programs/css
 Official Act with Commentary
 Status of State Enactment
www.uniformlaws.org
Resources-International Child Support
OCSE has published Caseworker Guides for specific FCR countries.
http://www.acf.hhs.gov/programs/css/international/
State Department has information on enforcing child support orders
abroad.
http://travel.state.gov/law/family_issues/support_issues/support_iss
ues_582.html
NCSEA has FAQs on international child support enforcement.
http://www.ncsea.org/resources-info/international-child-support/
The Hague Conference website has recommended forms for the
Convention, Country Profiles, and a Caseworker’s Guide
www.hcch.net
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Contact Information
Margaret Campbell Haynes, Esq.
Senior Associate
Center for the Support of Families
Charlotte, NC
240-743-8007
202-258-2303
[email protected]
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