1 GOING GLOBAL: INTERNATIONAL CHILD SUPPORT ISSUES Anne Miller Federal Office of Child Support Enforcement Jeanette Savoy Colorado State Office of Child Support Enforcement

International Cases What do you need to know? How are these cases different from UIFSA cases? Where do you find information? 2

Foreign Reciprocating Countries (FRC) Federal arrangements under 42 U.S.C. 659a Minimum requirements Establish paternity Establish and enforce support Collection and distribution of support payments No cost Central Authority State agreements under 42 U.S.C. 659A(d) and UIFSA Section 308 (UIFSA 2001)

Foreign Reciprocating Countries Australia Czech Republic El Salvador Finland Hungary Ireland Israel Netherlands Norway Poland Portugal Slovak Republic Switzerland United Kingdom Canadian Provinces Alberta British Columbia Manitoba New Brunswick Newfoundland/Labrador Northwest Territories Nova Scotia Nunavut Ontario Saskatchewan Yukon

OCSE WEBSITE International Resources international/index.html FRC contact information Links to FRC web sites Copies of FRC agreements OCSE international issuances Caseworker’s Guide to Processing Cases with Foreign Reciprocating Countries

Caseworker’s Guides to Processing Cases with FRCs General instructions Best practice tips Country specific information & forms

International Case Processing Laws Other countries do not have UIFSA. However, countries with reciprocity should have laws that are substantially similar to ours. Practices and procedures Familiarize yourself with the common practices of the other country. Be willing to explain your state’s common practices to the other country. 7

International Case Processing Out-going – Use the federal forms – Check Caseworker’s Guide to Processing Cases with Foreign Reciprocating Countries Incoming – International forms – Information that is “close enough”

International Case Processing Communication Use when possible Be patient Language barrier Time zones and dates (5/1/11 vs 1/5/11) Formality 9

International Customer Service Incoming cases – Provide prompt service &responses. Out-going cases – On initial referrals, contact the foreign jurisdiction within days. – Continue with status requests at appropriate intervals. – Contact appropriate state and/or federal OCSE staff where such contact has failed.

International Customer Service Send all correspondence to the agency, not to the party. The party in your state should contact the appropriate office in your state. The party in the other country should contact their child support agency, not your office.

Things to Keep in Mind Foreign currency: Oanda.com, XE.com, x- rates.com Extra costs (translations, etc.) Telephonic Testimony (limited option) Age of emancipation – set age vs. self supporting Administrative vs. judicial actions 12

Things to Keep in Mind System limitations Enforcement limitations Modification of another country’s order Medical Support (dollar amount in lieu of insurance) “New” countries due to the Hague

Other Things to Think About One-state interjurisdictional cases: outgoing – Long-arm – Assets within the U.S Direct application international cases: incoming Limited services – Quick Locates – Service of process (at no cost)

Other Things to Think About Determination of controlling order What do you do if a foreign country improperly “modifies” your order? Cannot charge costs or fees Orders from countries with no reciprocity.

On the Horizon Hague Convention On The International Recovery Of Child Support And Other Forms Of Family Maintenance Signed by the U.S. Delegation Nov. 23, 2007 Approved by the U.S. Senate Sept. 29, 2010 Waiting for implementing legislation mandating passage of UIFSA

CONTACTS Your state’s international contact Federal regional program specialist OCSE:

Other Resources : ERICSA & NCSEA ERICSA website: NCSEA website: Information for non-FRCs Overview Addresses Bilingual forms Relevant laws Helpful links

Other Resources : The Hague Conference The Hague Conference on Private International Law web site:

Contacts Anne Miller Federal Office of Child Support Enforcement (202) Jeanette Savoy Colorado State Office of Child Support Enforcement (303)