1. From Interstate to International Child Support GoesGlobal

2. 2 Adoption of UIFSA 1996 PRWORA (Welfare Reform) mandated that states enact UIFSA The Goal- One Controlling Order Multiple states may enforce the order, but only one has the jurisdiction to modify it.

3. 3 UIFSA Basics New cases will get only one order. States must recognize and enforce existing orders of other States. There should be only one order that is entitled to prospective enforcement-- the controlling order Modification is restricted to the state that has CEJ.

4. 4 Interstate Defined An interstate case is a case in which the CP and NCP reside in separate states. Some states define interstate to include cases where the order is from another state. Historically on a national level, interstate cases represent about one-third of the child support caseload In FY 2006, over a million cases were sent from one state to another

5. 5 Interstate Legislation Uniform Reciprocal Enforcement of Support Act (URESA) Revised Uniform Reciprocal Enforcement of Support Act (RURESA) Full Faith and Credit for Child Support Orders Act (FFCCSOA) – October 22, 1994 Uniform Interstate Family Support Act (UIFSA) – all states on or before January 1, 1998

6. 6 Key concepts to remember There are one-state and two-state procedures Both CP and NCP can use UIFSA Controlling Order means one order/one time/one place for current child support The state that issued the controlling order may modify, so long as it has CEJ If no CEJ, person seeking modification must play away

7. 7 Key concepts to remember States must recognize and enforce other States’ orders Visitation may not be raised and is not a defense to nonpayment of support UIFSA has enhanced evidence rules Non-paternity is not a defense, if paternity has been established or acknowledged

8. 8 Analyzing an Interstate Action If there is no order, an order needs to be established. If there is only one order, determine whether it needs enforcement or modification. If there are multiple orders for prospective support the controlling order must be determined before going any further.

9. 9 Choice of Law In cases involving the establishment of parentage support obligation, the law where the case is heard applies. The jurisdiction enforcing the order determines how it is enforced.

10. 10 Jurisdiction Jurisdiction refers to the power of a tribunal to decide a case. There are several different types of jurisdiction –Subject-matter jurisdiction –Personal jurisdiction –Long-arm jurisdiction (also called extended personal jurisdiction) –In rem jurisdiction

11. 11 Paternity and Order Establishment Long-arm: Legal provision that permits a tribunal to claim personal jurisdiction over someone who does not live in that state. Must be some meaningful connection between the person and the state or district that is asserting jurisdiction

12. 12 Long Arm Jurisdiction Family Code 4905: In a proceeding to establish or enforce a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a non-resident if the individual... Is personally served with notice within this State Submits to jurisdiction in this State Resided with the child in this State

13. 13 Long Arm Jurisdiction (cont.) Resided in this State and paid the child’s prenatal expenses or provided support Caused the child to be living in this State Engaged in sexual intercourse in this State and the child may have been conceived by that act Filed a voluntary declaration of paternity in California Or any other constitutionally valid basis

14. 14 Long Arm Establishment and Enforcement Directly retain process server Send interstate subpoenas to secure evidence Quick locates CSE Trans #3 to secure documents, including service of process, genetic testing, and assistance with discovery

15. 15 Two-State Establishment If a state cannot exercise long-arm jurisdiction, an interstate case must be filed to that party’s state of residence. This process includes: 1.Completing all UIFSA required paperwork 2.Forwarding the documents to the Central Registry of the responding state 3.Continued follow-up of case 4.The laws of the tribunal that establishes the order apply to the support amount, and duration of the support obligation.

16. 16 Determining the Controlling Order Since 1998, States have been striving to acknowledge only one order for each parent and child, but there may still be cases with multiple orders. The determination of one controlling order is the cornerstone of UIFSA and FFCSOA. When multiple valid support orders exist, there are rules for determining which prospective support order governs.

17. 17 Determining the Controlling Order Must give full faith and credit to valid support orders issued by other states UIFSA and FFCCSOA use the same rules for reducing multiple valid support orders to one controlling order for prospective support. –No provision in either law invalidates any previously issued valid support order.

18. 18 Determining the Controlling Order A controlling order determination should be made only once, when multiple orders exist. For a state to make a controlling order determination, all of these conditions must exist: –There must be multiple orders for current support –Either the obligor or the individual obligee must reside in the state –The request must be accompanied by a certified copy of every order in effect

19. Determining the Controlling Order When more than one order issued for current support exists: –If only one state would have CEJ, the order of that state controls, or –Order of child’s home state controls, or –Most recent order controls. If none of the tribunals would have continuing, exclusive jurisdiction, this state, having personal jurisdiction over the parties, shall issue a child support order which controls.

20. 20 Order Determining Controlling Order The order must include: the basis upon which the determination was made and should include (required under UIFSA 2001) the amount of prospective support and the amount of arrears and interest Within 30 days, the requesting party must file a certified copy of the determination order with each tribunal that had issued an earlier child support order

21. 21 Arrears Reconciliation Arrears reconciliation consolidates arrears accumulated under multiple orders into a single amount that the obligor owes at a specific point in time. The process of calculation is based on: –The periodic amount of the support order –The number of unpaid periods –All payments made are credited against all orders (orders are not cumulative)

22. 22 Calculating Arrears For periods of time when multiple orders were in effect, the amount due is not the total of all orders. The total amount of support due is effectively the highest order that was in effect during that period Determining controlling order has nothing to do with calculation of arrears

23. 23 Direct Enforcement Multiple states can have or acquire jurisdiction to enforce a support order. The jurisdiction is based on personal jurisdiction over the obligor or in rem jurisdiction over an asset. Direct Income Withholding Make sure only one State tries it Can use on any valid support order to any state Keep issuing state informed of any payments Options if there is a contest Generally, cannot be used in international cases.

24. 24 Administrative Remedies IRS Tax offset IRS Full Collection Credit Reporting Driver’s License Suspension Compact Interstate Lien Interstate Administrative Subpoenas AEI Not administrative, but sometimes helpful: federal criminal prosecution

25. 25 Registration Enforcement Only Allows the Petitioner to register the order in the Respondent’s state for the sole purposes of enforcement. Confirmed in 20 days by operation of law unless the non-registering party files an objection (NO order, NO hearing)

26. 26 Registration Enforcement Only Confirmation is of the validity of the order (and the amount of arrears alleged) No objection can be made to the substantive provisions of the order in the registering state Laws of the registering state apply for enforcement

27. 27 Defenses to Registration 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, i.e., enforcement

28. 28 Defenses to Registration 6.Full or partial payment has been made 7.The statute of limitation under Section 604 (Choice of Law) precludes enforcement of some or all of the alleged arrearage 8.The alleged controlling order is not the controlling order 9.Nonparentage is not a defense

29. 29 Continuing Exclusive Jurisdiction- Jurisdiction to Modify Continuing Exclusive Jurisdiction (CEJ) pertains specifically to modification jurisdiction A petitioning party must file for modification in the state with CEJ If the CP, NCP and child have all left the issuing state, under UIFSA and FFCCSOA, the issuing state loses CEJ and modification must be filed in the state of the party that is not asking for the modification (Playing Away)

30. 30 Modification Once the order is modified, the state that modified the order acquires CEJ and will continue to exercise CEJ as long as one of the parties or child continues to reside there The petitioner must file with the issuing tribunal a certified copy of the modified order within 30 days of its entry.

31. 31 Important Points on CEJ Continuing Exclusive Jurisdiction (CEJ) is only relevant when one of the parties wants to modify the controlling order. Under UIFSA, only the state with CEJ has the right to modify an existing support order. As long as one individual party or the child resides in the state which entered the original order, that state retains the exclusive jurisdiction to modify. If all parties move away, but some one comes back before CEJ has moved (no modification), CEJ is in the issuing state.

32. 32 Modification Only the terms that are modifiable in the controlling order state can be modified. Even if another state has CEJ to modify support, it may not modify terms of the original order that are non-modifiable

33. 33 Resources OSCE website: www.acf.dhhs.gov/programs/cse/ Link to NECSRS: http://ocse.acf.hhs.gov/necsrspub/ http://ocse.acf.hhs.gov/necsrspub/ IM 01-08 is the One-State and Limited Services Interstate Case Processing Tempo Administrative Subpoena and Notice of Lien forms, both found on the Forms link of the OCSE website

34. 34 Resources List of State Lien contacts –the most recent version is available on the on-line IRG Transmittal 3, and all interstate forms on the forms link UIFSA 2001 found at www.nccusl.orgwww.nccusl.org

35. 35 UIFSA 2001 States Arizona California (passed, not in effect!) Colorado Connecticut Delaware District of Columbia Idaho Illinois Maine Mississippi Nebraska Nevada New Mexico Oklahoma Rhode Island South Carolina Texas Utah Virginia Washington West Virginia Wyoming

36. International Other countries do not have UIFSA!!! –Each country must follow its own laws –U.S. states must apply UIFSA

37. 37 International Cases There is statutory authority for states declare foreign countries to be reciprocal if laws are “substantially similar.” This means only that there are procedures for establishing and enforcing support orders and all parties given notice and opportunity to be heard. Request for IV-D services received from a foreign country must treated as a request from another state.

38. 38 International Cases PRWORA recognized Federal responsibility for international child support enforcement. An up-to date list of countries the United States maintains reciprocal agreements with can be found on the OCSE website. International cases can be complex, including language and currency conversion.

39. International Issues Currency conversion Translation Communication Modification of U.S. order in other jurisdiction Personal jurisdiction Time zones and dates

40. Currency Conversion Including the U.S. dollar equivalent on the registration form does not modify the underlying foreign order. Arrears collection: “date of breach” or “date of payment” Be prepared to adjust the account to accommodate fluctuating currency exchange rates. WWW.Oanda.com

41. Translation All legal documents must be translated into the official language of the responding jurisdiction. Better response if you translate all correspondence. Cost is borne by the sending jurisdiction.

42. Communication Email is great, but remember that this is a business communication. Fax is also a great tool. Telephone is problematic due to language and time zone differences. TIMELY RESPOND TO ALL INQUIRIES!!

43. Modification by Foreign Jurisdiction Under their law, many FRCs can modify a U.S. order sent for enforcement. Under UIFSA, may be void, commonly ignored by initiating U.S. state. Creates confusion and imbalance of accounts. Consider reviewing for modification in appropriate U.S. jurisdiction.

44. Personal Jurisdiction UIFSA section 201. No “child-based” jurisdiction in U.S. BUT - IV-D agency does not have authority to refuse to register an order that is valid on it’s face – only a court may refuse enforcement. If court refuses enforcement, establish a new order immediately.

45. Time Zones and Dates Be sure to consider the time differences when planning a telephone call or scheduling a court appearance involving a telephonic appearance. 05/08/07 is August 5, 2007 in most other jurisdictions. Spell out the month in correspondence and double check court dates in number format.

46. Other International Issues Service of Process Locate requests Health care costs and health insurance Emancipation Forms Direct applications from non-reciprocating jurisdictions

47. International Resources http://www.acf.hhs.gov/programs/cse/internation al/index.html Links to FRC web sites and other international resources OCSE international issuances Caseworker’s Guide to Processing Cases with Foreign Reciprocating Countries NCSEA web site: www.ncsea.org Information for non-FRCs: Overview, Addresses, Bilingual forms, Relevant laws

48. More International Resources The Hague Conference on Private International Law web site: http://www.hcch.nethttp://www.hcch.net http://travel.state.gov/law/info/info_608.html#st ate http://www.state.gov/countries/ http://travel.state.gov/family/ services/support/support_582.html