|
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. |
|
|