LD 986
pg. 10
Page 9 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 11 of 77
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LR 467
Item 1

 
CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA), versions of
which have been adopted in all 50 states, and incorporated into
the federal PARENTAL KIDNAPPING PREVENTION ACT, 42 U.S.C.
Section 1738A (PKPA).

 
Subsection (6) is written broadly to include an "income
withholding order" based on "other legal process," as
distinguished from "by order of a tribunal." Some states issue
such orders administratively, which are entitled to
enforcement notwithstanding the fact that no judicial or
quasi-judicial process is involved. Federal law requires that,
in order to be eligible for federal subsidy monies, each State
must provide for income withholding "without the necessity of
any application therefor, or for any further action by the
court or other entity which issued such order ." 42 U.S.C.
Section 666(b)(2). States have complied with this requirement
in a variety of ways.

 
From its beginning UIFSA has permitted direct filing of an
interstate proceeding in a responding State without an initial
filing in an initiating tribunal. This has become the standard
operating procedure for child support enforcement agencies.
Thus, a petitioner in one State may seek to establish,
enforce, or modify a support order in a second State by either
filing in the responding state's tribunal or by directly
seeking the assistance of the support enforcement agency in
the second State. Although Subsections (7), (8), (18) and (19)
supply definitions for "initiating and responding State" and
"initiating and responding tribunal," the procedure of
"initiation and response" established by the predecessor acts
of URESA and RURESA has become an anachronism since the
universal enactment of UIFSA.

 
Until the 2001 amendments, the relationship between UIFSA and
the prior uniform acts was captured in the reference to URESA
and RURESA as "substantially similar" acts. This phrasing in
Subsections (7), (18) and (21), and repeated several times
throughout the Act, has been deleted everywhere it appears to
avoid confusion that might arise from appearing to incorporate
statutes that have been replaced. This is not to suggest in
any way that support orders issued under URESA or RURESA are
not fully enforceable under UIFSA. Until valid orders issued
under those laws expire of their own terms or are replaced by
new UIFSA orders, the support orders themselves will continue
to have vitality, see Sections 201-211, infra. In short, UIFSA
is specifically designed to function with the earlier acts
without conflict. Support orders issued under one of the
earlier acts should be honored and enforced in every State.
But, despite their common roots, neither URESA nor RURESA can
be said to be "substantially similar" with regard to the
continuing, exclusive jurisdiction/one-order system
established in UIFSA. States are directed to accord full
enforcement remedies to support orders


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