Uniform Interstate Family Support Act

Uniform Interstate Family Support Act

The Uniform Interstate Family Support Act (UIFSA), exacted in 1996, provided a new framework for states to use in collecting child support where the child and the parent reside in different states. It made it easier for state courts to exercise jurisdiction in establishing and collecting child support.

Definitions and Applicability of the UIFSA

The definitions contained in the UIFSA include an Indian tribe in the definition of a state. Further, the definition encompasses any foreign nation that has enacted procedures for establishing child support. UIFSA covers fathers where paternity is alleged, but not yet proven, and allows a man who may be a father to bring paternity proceedings. Under the definitions, support is broad enough to include child support, spousal support, arrearages, health care, and related costs and attorney fees. More significant, the Act refers to a "tribunal" rather than a court, because its provisions apply to any administrative agency that has the power to establish and enforce child support orders. Many states have child support enforcement agencies with these powers.

Provisions of the UIFSA

UIFSA has a strong long-arm provision which in many situations gives jurisdiction to a court over a non-resident. Jurisdiction over non-residents may be based on the fact that the parent had lived or supported the child in the state, conceived the child in the state, consented to jurisdiction by the state court, or had other significant contacts with the state. Two important provisions of UIFSA are Special Rules of Evidence and Procedures and Assistance with Discovery. Under the Special Rules of Evidence and Procedure, it is not necessary for a petitioner to be physically present in a state for a tribunal to establish, enforce, or modify a support order or determine parentage. Admissible as evidence, unless excluded as hearsay, are affidavits, medical records, court documents, and other business records. The Assistance with Discovery provision requires a tribunal in another state to assist in the collection of discovery material.- With this material and evidence collected from state and federal databases containing wage and income information, a tribunal may have sufficient information to establish child support, determine any amount of arrearage, and even establish paternity. The tribunal cannot establish custody or visitation and failure to provide visitation is not a defense to a claim for failure to pay.

Procedures under UIFSA

UIFSA provides either a one-state or two-state procedure for establishing and collecting child support. The one-state procedure allows a tribunal to establish support and collect it through a wage withholding order, even when the responsible parent resides in a different state. Where jurisdiction over an absent parent cannot be established, the two-state procedure is applicable, Under that procedure, the initiating state court is required to first find that there is a duty of support; UIFSA then requires that three copies of the petition for support and accompanying documents be forwarded to either the tribunal of the responding state or to the tribunal that may obtain personal jurisdiction over the absent parent. The state which has jurisdiction has authority to enforce the order of support.

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