LD 986
pg. 4
Page 3 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 5 of 77
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LR 467
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over a nonresident, (Sections 210, 316-318), and may have the
effect of amending local law in long-arm cases.

 
(d) The choice-of-law rule for the interpretation of a
registered order is that the law of the issuing State governs
the underlying terms of the controlling support order. One
important exception exists; if the registering and issuing
State have different statutes of limitation for enforcement,
the longer time limit applies, Section 604.

 
3. CONTINUING EXCLUSIVE JURISDICTION AND THE ONE-ORDER SYSTEM.
Under URESA and RURESA the majority of support proceedings
were de novo. Even when an existing order of one State was
"registered" in a second State, the registering State often
asserted the right to modify the registered order. This meant
that multiple support orders could be in effect in several
states. As far as is possible, under UIFSA the principle of
continuing, exclusive jurisdiction aims to recognize that only
one valid support order may be effective at any one time,
Sections 205-207. This principle is carried out in Sections
203-211.

 
4. PRIVATE ATTORNEYS. UIFSA explicitly authorizes parties to
retain private legal counsel in support proceedings, Section
309, as well as to use the services of a state support
enforcement agency, Section 307(a). The Act expressly takes no
position on whether the support enforcement agency's
assistance of a supported family establishes an attorney-
client relationship with the applicant, Section 307(c).

 
5. EFFICIENCY. UIFSA streamlines interstate proceedings as
follows:

 
(a) Proceedings may be initiated by or referred to
administrative agencies rather than to courts in those states
that use those agencies to establish support orders, Section
101(22).

 
(b) Under the old system, the process began by requiring a
local "initiating tribunal" to make a preliminary (and
nonbinding) determination of a duty to support, and then
forwarding the documents to a "responding tribunal" for a
binding decision. Under UIFSA an individual party or support
enforcement agency in the initiating State may file a
proceeding directly in a tribunal in the responding State,
Section 301. This innovation by UIFSA has proven to be a major
contribution to efficient case management. In the unlikely
event that some local action is needed, initiation of an
interstate case in the initiating State is expressly made
ministerial rather than a matter for adjudication or review by
a tribunal.


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