LD 986
pg. 16
Page 15 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 17 of 77
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LR 467
Item 1

 
Uniform Comment

 
(This is Section 201 of the Uniform Act.)

 
Sections 201 and 202 assert what is commonly described as
long-arm jurisdiction over a nonresident respondent for
purposes of establishing a support order or determining
parentage. Inclusion of this long-arm provision in this
interstate Act is justified because residents of two separate
states are involved in the litigation, both of whom are
subject to the personal jurisdiction of the forum. Thus, the
case has a clear interstate aspect, despite the fact that only
the law of the forum State is applicable. Moreover, this is
sufficient to invoke additional UIFSA provisions in an
otherwise intrastate proceeding. See Sections 202, 316, and
318, infra. The intent is to insure that every enacting State
has a long-arm statute that is as broad as constitutionally
permitted. In situations in which the long-arm statute can be
satisfied, the petitioner (either the obligor or the obligee)
has two options: (1) utilize the long-arm statute to obtain
personal jurisdiction over the respondent; or (2) initiate a
two-state proceeding under the succeeding provisions of UIFSA
seeking to establish a support order in the respondent's State
of residence. Of course, a third option is available that does
not implicate UIFSA; a petitioner may file a proceeding in the
respondent's State of residence (perhaps to settle all issues
between the parties in a single proceeding).

 
This long-arm statute applies to an order for spousal support
as well as an order for child support. However, almost all of
the specific provisions relate to child support orders or
determinations of parentage. This derives from the fact that
the focus of UIFSA is primarily on child support. Only
Subsections (1), (2) and (8) are applicable to an action for
spousal support asserting long-arm jurisdiction over a
nonresident. The first two subsections are wholly
noncontroversial insofar as an assertion of personal
jurisdiction is concerned. Moreover, assertion of personal
jurisdiction under Subsections (1), (2), or (8) will doubtless
yield jurisdiction over all matters to be decided between the
spouses, including division of property on divorce. Thus, the
most obvious possible basis for asserting long-arm
jurisdiction over spousal support, i.e., "last matrimonial
domicile," is not included in Section 201 to avoid the
potential problem of another instance of bifurcated
jurisdiction. This restraint avoids a situation in which UIFSA
grants long-arm jurisdiction for a spousal support order when
the forum State has no correlative statute for property
division in divorce.

 
Under RURESA, multiple support orders affecting the same
parties were commonplace. UIFSA creates a structure designed
to provide for only one support order at a time. The new one-
order regime is


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