UIFSA 2008 Intergovernmental Child Support Enforcement Speaker: John Cardoza [email protected] 805-437-8110 1.

UIFSA 2008Intergovernmental

Child Support Enforcement

Speaker: John [email protected]

805-437-8110

1

History Takeaways….

Prior to the implementation of the Full Faith and Credit of Child Support Orders Act (FFACSOA) and the Uniform Interstate Family Support Act (UIFSA), multiple states could have valid Child Support Orders for the same family unit.

FFACSOA and UIFSA provide a system where there is only one Order for a family unit, which can be enforced and/or modified.

History Takeaways….

FFACSOA and UIFSA: Provides a frame work that allows a

state to enforce another state’s Support Order.

Limit the circumstances when one state can modify the Support Order of another state.

Are supposed to be consistent in their application.

History-- URESA

Prior to UFISA and FFACSOA, each state had a version of the Uniform Reciprocal Enforcement of Support Act (URESA).

Initially enacted in 1952, revised in 1968 (R-URESA). Sought to simplify interjurisdictional child support. Not that Simple.

Modification was confusing. “magic words” needed. Often valid Orders from multiple jurisdictions.

History– URESA to FFACSOA to UIFSA

Confusion Federal Fix: UIFSA

States did not all adopt UIFSA at the same time.

Federal Fix: FFACSOA (28 USC §1738B) October 1994—remember the date! Forced a “one order world” on all the

states. In place before most state adopted

UIFSA.

History– URESA to FFACSOA to UIFSA

Concepts of Continuing Exclusive Jurisdiction and Choice of Law are part of FFACSOA.

FFACSOA was amended in 1996 to be consistent with UIFSA.

All States were required to adopt UIFSA by 1998—California adopted then.

Family Code Currently §4900 to §5005.

UIFSA 2001

…clarified and extended the act without making any fundamental change in the earlier policies and procedures from UIFSA 1996

UIFSA 2001

Example:

Family Code §4953(a)

UIFSA 2001

1996 Version:

§ 4953. (a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order.

UIFSA 2001

2001 Version: § 4953. (a) Except as otherwise provided

in subdivision (d), the law of the issuing state governs the nature, extent, amount, and duration of current payments under a registered support order, the computation and payment of arrearages and accrual of interest on the arrearages under the Support Order, and the existence and satisfaction of other obligations under the Support Order.

UIFSA 2001

Foreign Cases… 1998 -- US began crafting reciprocal

agreements for support with foreign countries.

UIFSA (2001) redefined “state” to encompass foreign countries with a bilateral agreement with the United States.

14 Nations, 11 Canadian Provinces

The US is currently not a party to any multilateral agreements.

The Hague Convention

From June 2003, through November 2007, more than 70 countries met in The Hague, Netherlands, in five separate negotiating sessions to forge a new Hague Convention on the Enforcement of Child Support and Other Forms of Family Maintenance.

The Hague Convention

The Convention was signed by the United States at The Hague, Netherlands in November 2007.

Establishment, enforcement, and modification of family support are basically matters of state law.

To realize the goals of the Convention at the state level, UIFSA needed to be revised again, leading us to…

UIFSA 2008

UIFSA 2001 had an a substantial impact on the Convention—so revisions were not wholesale.

“The clear drafting goal was to integrate the Convention into state law…”.

Foreign Countries no longer analogous to “states”, and are referred to and defined separately.

UIFSA 2008

Example… Family Code §4908 (UIFSA §204) (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 state or a foreign country only if:

UIFSA 2008

(1) the [petition] or comparable pleading in this State state is filed before the expiration of the time allowed in the other State state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other State state or the foreign country.

Etc…

UIFSA 2008

To simplify the integration of the Hague Convention into state law (UIFSA), rather than substantively amending numerous sections, the drafters added and amended Article 7 to the Act.

Note: UIFSA 2008 does not limit Enforcement of Foreign Orders to Convention Countries.

UIFSA 2008

§701—Definitions. §702– Applies only to convention Countries. §703-- State Agency performs

functions under the convention. §704-- Lists the rights and duties of

the IVD agency and the Obligee. §705-- Direct requests for services.

UIFSA 2008

§706—Registration of Convention Suppor

Order. §707–Contest of Registration of Convention Support Order. §708-Recognition, limits and Enforcement of A registered Convention Support order. §709–Partial Enforcement.

UIFSA 2008

§710—Foreign Support Agreements. §711—Modification of Convention

Child Support Order. §712—limitation of Use of Personal Information. §713—Record in original language

with translation required.

Take Aways

California currently uses UIFSA 1996; UIFSA 2001 which has not been

adopted by California, clarifies and extends UIFSA 1996 and includes components allowing bi-lateral agreements with foreign countries;

UIFSA 2008 is designed to incorporate UIFSA 2001 with processes to Register, Enforce and in some cases, modify Support Orders from Convention Countries.

Take Aways

The general concepts of personal and subject matter jurisdiction, enforcement and modification do not change with implementation of UIFSA 2008.

QUESTIONS???