LD 986
pg. 42
Page 41 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 43 of 77
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LR 467
Item 1

 
forms of notice in the modern era justifies the deletion of a
particular form of notice. For example, many States now
authorize notice by telephone facsimile (FAX), or by an express
delivery service. Already many legal documents are transmitted
by electronic mail (email).

 
Subsection (b) lists duties that, if possessed under state law
in connection with in-state cases, are allocated to the
responding tribunal in UIFSA cases. Thus, each subdivision
purposefully avoids mention of substantive rules. For example,
Subsection (b)(7) does not identify the type, nature, or
priority of liens that may be issued under UIFSA. As is
generally true under the Act, those details will be determined
by applicable state law concerning support enforcement
remedies of local orders.

 
Subsection (c) clarifies that the details of calculating the
child support order are to be included along with the order.
Local law generally requires that variation from the child
support guidelines must be explained, see 42 U.S.C. Section
667; this requirement is extended to interstate cases.

 
Subsection (d) states that an interstate support order may not
be conditioned on compliance with a visitation order. Chaisson
v. Ragsdale, 914 S.W.2d 739 (Ark. 1996). While this may be at
variance with state law governing intrastate cases, under a
UIFSA proceeding the petitioner generally is not present
before the tribunal. This distinction justifies prohibiting
visitation issues from being litigated in the context of a
support proceeding. All States have enacted some version of
either the UCCJA or the UCCJEA providing for resolution of
visitation issues in interstate cases.

 
Subsection (e) introduces the policy determination that the
petitioner, the respondent, and the initiating tribunal, if
any, shall be kept informed about actions taken by the
responding tribunal.

 
Subsection (f) is designed to facilitate enforcement of
foreign support orders.

 
Sec. 17. 19-A MRSA §3007, sub-§2, ¶¶D and E, as enacted by PL 1995, c.
694, Pt. B, §2 and affected by Pt. E, §2, are amended to read:

 
D. Within 2 days, exclusive of Saturdays, Sundays and
legal holidays, after receipt of a written notice in a
record from an initiating, responding or registering
tribunal, send a copy of the notice by first class mail to
the petitioner;


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