LD 986
pg. 11
Page 10 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 12 of 77
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LR 467
Item 1

 
issued under the prior acts, but they must apply UIFSA restraint
regarding modification. In situations involving multiple orders
created under the former system, UIFSA mandates the application
of its one-order rules to determine the single order that is
entitled to prospective enforcement, see Section 207, infra.

 
The term "obligee" in Subsection (12) is defined in a broad
manner, which is consistent with common usage. In instances of
spousal support, the person owed the duty of support and the
person receiving the payments are almost always the same. Use
of the term is more complicated in the context of child
support. The child is the person to whom the duty of support
is owed, and therefore can be viewed as the ultimate obligee.
However, "obligee" usually refers to the individual receiving
the payments. While this is most commonly the custodial parent
or other legal custodian, the "obligee" may be a support
enforcement agency that has been assigned the right to receive
support payments in order to recoup Temporary Assistance for
Needy Families (TANF), 42 U.S.C. Section 601 et seq., formerly
known as Aid to Families with Dependent Children (AFDC). Even
in the absence of such an assignment, a State may have an
independent statutory claim for reimbursement for general
assistance provided to a spouse, a former spouse, or a child
of an obligor. The Act also uses "obligee" to identify an
individual who is asserting a claim for support, not just for
a person whose right to support is unquestioned, presumed, or
has been established in a legal proceeding.

 
Subsection (13) provides the correlative definition of an
"obligor," which includes an individual who is alleged to owe
a duty of support as well as a person whose obligation has
previously been determined.

 
The terms "obligor" and "obligee" inherently contain the legal
obligation to pay or receive support, and both terms also
implicitly refer to the individuals with a duty to support a
child. The one-order system of UIFSA can succeed only if the
respective obligations of support are adjusted as the physical
possession of a child changes between parents or involves a
third party caretaker. This must be accomplished in the
context of modification, and not by the creation of multiple
orders attempting to reflect each changing custody scenario.
Obviously this issue is of concern not only to interstate
child-support orders, but applies to intrastate orders as
well.

 
The definition of "record" in new Subsection (14) conforms
UIFSA to the Conference standard for legal documentation as
established in the UNIFORM ELECTRONIC TRANSACTIONS ACT Section
102(13) [hereafter UETA]. Henceforth, the phrase "in a record"
will replace the terminology "in writing" as the appropriate
manner to


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