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enforcement is another prime goal of the Act. The 2001 | | amendments continue this perspective by explicitly recognizing | | that tribunals may extend the principle of comity to foreign | | support orders, Sections 104 and 210. |
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| | | 2. LONG-ARM JURISDICTION. UIFSA contains a broad provision for | | asserting long-arm jurisdiction to provide a tribunal in the | | State of residence of the spouse or a child entitled to | | support with the maximum possible opportunity to secure | | personal jurisdiction over an absent respondent, Section 201. | | This converts what otherwise would be a two-state proceeding | | into a one-state proceeding. When jurisdiction over a | | nonresident is obtained, the tribunal may obtain evidence, | | provide for discovery, and elicit testimony through use of the | | same "information route" provided for two-state proceedings, | | Sections 210, 316-318. Amendments in 2001 to the basic long- | | arm provision, Section 201, clarified and strengthened the | | interrelationship between the assertion of such jurisdiction | | and the continuing nature of personal jurisdiction for | | enforcement and modification of a support order, Sections 205 | | and 206. |
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| | | B. Establishing a Support Order |
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| | | 1. FAMILY SUPPORT. The Act may be used only for proceedings | | involving the support of a child or spouse of the support | | obligor; it does not include enforcement of other duties of | | support found in the statutes of a few states, such as | | requiring support of an elderly or disabled parent by an adult | | child, Sections 101(2),(18). |
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| | | 2. LOCAL LAW. UIFSA provides that the procedures and law of | | the forum apply, with some significant additions or | | exceptions: |
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| | | (a) Certain procedures are prescribed for interstate cases | | even if they are not consistent with local law, i.e.: the | | contents of interstate petitions, Sections 311 and 602; the | | nondisclosure of certain sensitive information, Section 312; | | authority to award fees and costs including attorney's fees, | | Section 313; elimination of certain testimonial immunities, | | Section 314; and, limits on the assertion of nonparentage as a | | defense to support enforcement, Section 315. |
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| | | (b) Visitation issues cannot be raised in child support | | proceedings, Section 305(d). |
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| | | (c) Special rules for the interstate transmission of evidence | | and discovery are added to help place the maximum amount of | | information before the deciding tribunal. These procedures are | | available in cases in which the tribunal asserts jurisdiction |
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