LD 986
pg. 39
Page 38 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 40 of 77
Download Bill Text
LR 467
Item 1

 
Prior to the 2001 amendments, choice of law rules of the forum
State were specifically invoked in three places; henceforth
Section 604 is the sole reference to the issue.

 
Sec. 13. 19-A MRSA §3004, as enacted by PL 1995, c. 694, Pt. B, §2
and affected by Pt. E, §2, is repealed.

 
Sec. 14. 19-A MRSA §3004-A is enacted to read:

 
§3004-A.__Duties of initiating tribunal

 
1.__Forward petition and accompanying documents.__Upon the
filing of a petition authorized by this chapter, an initiating
tribunal of this State shall forward the petition and its
accompanying documents:

 
A.__To the responding tribunal or appropriate support
enforcement agency in the responding state; or

 
B.__If the identity of the responding tribunal is unknown,
to the state information agency of the responding state
with a request that they be forwarded to the appropriate
tribunal and that receipt be acknowledged.

 
2.__Issue certificate or document; make findings; specify
amount.__If requested by the responding tribunal, a tribunal
of this State shall issue a certificate or other document and
make findings required by the law of the responding state. If
the responding state is a foreign country or political
subdivision, upon request the tribunal shall specify the
amount of support sought, convert that amount into the
equivalent amount in the foreign currency under the applicable
official or market exchange rate as publicly reported and
provide any other documents necessary to satisfy the
requirements of the responding state.

 
Uniform Comment

 
(This is Section 304 of the Uniform Act.)

 
Under UIFSA the role of the initiating tribunal consists of
the ministerial function of forwarding the documents to the
appropriate entity in the responding State for action. The
initiating tribunal has no substantive legal task to perform.

 
Subsection (b) was designed primarily to facilitate interstate
enforcement between UIFSA States and URESA and RURESA States,
with some applicability to cases involving foreign
jurisdictions. After the nationwide enactment of UIFSA by
1998, see Prefatory Note, supra, the subsection retains its
utility only with regard to support orders of foreign nations.
Supplying documentation


Page 38 of 77 Top of Page Page 40 of 77