LD 986
pg. 33
Page 32 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 34 of 77
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LR 467
Item 1

 
nominally concerned with insuring that payments made on a
particular order were credited toward the amounts due on all
other orders. As a practical matter, however, very little
attention was paid to that provision. No mechanism was available
to reconcile payments on multiple orders other than the
obligor's record keeping, if any.

 
Quite a different situation is currently in place throughout
the nation. The advent and development of IV-D agencies has
brought collection of arrears and interest on those arrears to
the forefront. Computerized exchange of complex information is
now almost instantaneously available in many cases. Thus,
deciphering the financial information available to accord
credit for payment on one order against other orders is
possible to a degree unknown in the days of RURESA. For
example, full payment of $300 on an order of State C earns a
100% pro tanto discharge of the current support owed on a $200
order of State A, and a 75% credit against a $400 order of
State B. Crediting payments against arrears on multiple orders
is more complex, and is subject to different constructions in
various states.

 
Under the one-order system of UIFSA, an obligor ultimately
will be ordered to pay only one sum-certain amount for current
support, and a sum certain to reduce arrears and interest, if
any. Nonetheless, multiple orders will exist for several years
into the future. Moreover, even under a one-order system, more
than one entity may be engaged in collecting past arrears.
Ultimately those collections must be reported to a single
entity with final accounting responsibility. Finally, because
the nature of human enterprise is such that mistakes are
inevitable, at least on occasion multiple orders will continue
to be issued in error.

 
The issuing tribunal is ultimately responsible for the overall
control of the enforcement methods employed and for accounting
for the payments made on its order from multiple sources.
Until that scheme is fully in place, however, it will be
necessary to continue to mandate pro tanto credit for actual
payments made against all existing orders.

 
The rewording of this section in 2001 reaffirms the
simultaneous accrual and simultaneous credit approach, and
provides further substance to the directive in Section 207(f)
that a tribunal making a determination of the consolidated
arrears must use this approach.

 
§2970.__Application of chapter to nonresident subject to
personal

 
jurisdiction


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