Post on 31-Aug-2018
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
Diane Sinkus, PACSETI InstructorPennsylvania State University
Michaelene MachowiakDeputy Prosecuting Attorney
St. Joseph County, Indiana
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
Whether you are a newcomer to the world of interstatechild support or you are a more seasoned professional,
this workshop is for you. The session starts with abeginner's guide to processing interstate cases, including
information on UIFSA 2008. Concepts to be discussedinclude establishment, long-arm jurisdiction, registration
of an order in another state for enforcement and/ormodification, continuing exclusive jurisdiction, federal
UIFSA forms and more in-depth issues..
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Interstate LegislationUniform Reciprocal Enforcement of
Support Act (URESA)Revised Uniform Reciprocal
Enforcement of Support Act(RURESA)Full Faith and Credit for Child Support
Orders Act (FFCCSOA)—10/20/94Uniform Interstate Family
Support Act (UIFSA)
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Adoption of UIFSAPRWORA mandated all states enact
UIFSA by 1/1/98 The Goal - One Controlling Order Per obligor and child Multiple states may enforce Only one has the jurisdiction to modify
(CEJ)Preventing Sex Trafficking and
Strengthening Families Act Mandates all states enact UIFSA 2008
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Main AspectsCornerstone of UIFSA and FFCCSOA
-- one order per obligor and childStates must give full faith and credit to
valid child support orders issued byother states.When multiple valid support orders
exist, there are rules for determiningwhich support order governs.
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Other Key AspectsVisitation may not be raised and is not
a defense to nonpayment.UIFSA has enhanced evidence rules.Non-paternity is not a defense, if
paternity has been established oracknowledged.There are one-state and two-state
procedures.
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es What is an Intergovernmental Case?Parties/parents live in 2 different
states, tribes, or countries.
PA GA
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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• No order? -- Establish• One order? -- Enforce and/or modify• Multiple orders -- Determine the
valid/controlling order before takingfurther action.
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Controlling Order and CEJ
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es What is the Difference?Controlling OrderDetermination of
controlling order Multiple valid orders
issued before10/19/94
Done only once
CEJOnly one orderWho can modifyReviewed only
when modificationis sought
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Is there an Invalid Order?Common scenario todayWhich order was issued first?
Is it still valid? If so, it is the valid order.
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Is there an Invalid Order?What to do about the subsequent
(invalid) order? Don’t ignore it! A court must determine
that it is invalid. Ask the state that issued it to dismiss it
based on lack of subject matterjurisdiction.
Next option – ask your court to determinewhich is the valid order.
Do NOT ask for a DCO!
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Continuing Exclusive Jurisdiction (CEJ)
Authority to modify the controllingorderOnly pertains to modificationState that issued or last modified the
controlling order has CEJ as long aseither the CP, NCP or child resides inthat state If no party resides in state, CEJ is lost Parties can consent to CEJ to remain in
the state that issued the order
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es CEJ – Important PointsIf the issuing state loses CEJ,
modification must be filed in non-requesting party’s state. (Play Away) The order must be registered in the non-
requesting party’s stateOnce the order has been modified,
that state then has CEJ.
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es CEJ – Important PointsIf another state gains CEJ, it cannot
modify terms of the original controllingorder that are non-modifiable.For example:
Duration (age of emancipation)
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Example Scenario #1
$250/mo
TX
NY
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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VT
Example Scenario #2
$350/mo
CT
VVT
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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CA
$750/moOK
FL
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es JurisdictionThe power and authority to hear and
determine a support matter, which mayinclude, but is not limited to: Establishing paternity Establishing a support order Modifying a support order Enforcing the payment and/or other terms
of an existing support obligation
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Types of JurisdictionSubject-matter jurisdictionPersonal jurisdictionLong-arm jurisdiction (extended
personal jurisdiction)In rem jurisdiction
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es One-State or Two-State Case?When the parents live in 2 different
states, tribes, or countries, you mustdecide whether to: Work the case without involving the other
jurisdiction File an interstate/intergovernmental case
When possible, keep the case in yourstate.How do I do that, you ask?
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es EstablishmentLong-arm: Legal provision that permits
one state to claim personal jurisdictionover someone who lives in anotherstate. Tribunal that establishes the order applies
its laws regarding the support amountand duration. § 303
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Long-Arm ProvisionsPersonal service of NCP within the stateSubmission to jurisdiction by consent of
NCP By entering a general appearance By filing a responsive document having
the effect of waiving any contest topersonal jurisdiction
NCP lived with the child in the stateNCP lived in the state and provided prenatal
expenses or support for the child
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Long-Arm ProvisionsChild is living in the state due to
directives or acts of NCPNCP had sexual intercourse in the
state, possibly resulting in conceptionof the childNCP acknowledged or claimed
paternity in the stateOther basis consistent with state and
U.S. Constitutions
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Direct Income WithholdingDirect Income Withholding
Send IWO on your order across statelines.
If another state issued the order, may beable to ask the other state to redirect toyour SDU. § 319
Communicate with the other state. Keep issuing state informed of any
payments.
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Advantages of One-State ActionSaves time – no need to involve
another agencyMay be able to establish sooner
You will be more familiar with the order’sprovisions
Enforcement stays within your control
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Two-State ActionSometimes you need another state’s
helpMight have trouble with location or
service of processObligor might be a job hopperMight need their enforcement
remedies
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Two-State Case: InitiatingInitiating Process includes:
Verifying obligor’s location Completing all UIFSA required
paperwork Forwarding the documents to the Central
Registry of the responding state Following up on the case
Note: The initiating state may be the statewith CEJ when a modification is requestedand would take that action.
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Two-State Case: RespondingResponding process includes:
Acknowledging the request Establishing paternity and support, if
requested Enforcing the support order Modifying the order, if requested and you
have CEJ Providing details and updates to the
initiating state
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Which State’s Laws Apply?Order-issuing StateAmount of supportAge of
emancipation(duration)Interest rate, if anyNature of the order
(e.g. step down,flat/fixed, per child)
Enforcing StateRemedies used
(e.g. driver’s licenseor professionallicense suspension)Court hearingsContempt actionsRegister or enforce
administratively
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es RegistrationProcess by which a support order
issued by one tribunal is filed inanother tribunalTypes
Enforcement-only Modification-only Enforcement and modification
Allows the state in which the order isregistered to take action
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es RegistrationConfirms validity of order and the
amount of the arrears
No objection possible to thesubstantive provisions of the order
20-day contest period available for thenon-registering party
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Valid Defenses to Registration1) Issuing tribunal lacked personal
jurisdiction over the contesting party.2) Order was obtained by fraud.3) Order has been vacated, suspended,
or modified by a later order.4) Issuing tribunal has stayed the order
pending appeal.5) There is a defense under the law of
this State to the remedy sought.
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Valid Defenses to Registration6) Full or partial payment has been
made.7) The statute of limitations under § 604
(Choice of Law) precludesenforcement of some or all of thealleged arrearage.
8) The alleged controlling order is notthe controlling order.
Note: Non-parentage is not a defense.
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es What Happens Next?Communicate with each other
Email Phone Fax
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es Electronic ToolsUse the electronic tools available
IRG QUICK CSENet
ERICSA 53rd Annual Training Conference & Exposition ▪ May 1 - 5 ▪ Myrtle Beach, South Carolina
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es ResourcesUIFSA found at www.uniformlaws.org
(Or on your own state’s online statutesite)
OSCE website:http://www.acf.hhs.gov/programs/css Browse Resources found on right hand
side of the OCSE home page Review the IRG for state specific details OCES’s Child Support Portal https://extranet.acf.hhs.gov/auth/login