LD 986
pg. 12
Page 11 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 13 of 77
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LR 467
Item 1

 
recognize that electronic transmissions and signatures are
increasingly appropriate substitutes for more traditional
documentation.

 
The definitions of "responding State" and "responding
tribunal" in Subsections (18) and (19) accommodate the direct
filing of a petition under UIFSA without the intervention of
an initiating tribunal. Both definitions acknowledge the
possibility that there may be a responding State and a
responding tribunal in a situation where there is no
initiating State or initiating tribunal.

 
Subsection (21) no longer requires reciprocity between the
several states, formerly a cornerstone of RURESA and URESA.
Public policy favoring enforcement of child support orders is
sufficiently strong to warrant waiving any quid pro quo
requirement between U.S. jurisdictions. This was true even
before the issue was mooted by the enactment of UIFSA by all
states by 1998.

 
The 1996 amendment to Subsection (21) clarified the position
that UIFSA, like RURESA before it, does not waive reciprocity
in the international context. A major amendment to the text of
Subsection (21) was made in 2001 to make clear that a foreign
country or political subdivision is defined as a "State" under
the Act in three situations. First, a declaration by the U.S.
State Department that a foreign jurisdiction is a
reciprocating country or political subdivision is controlling
for all states. Second, in the absence of such a declaration,
each of the several states can make an arrangement with a
foreign country or political subdivision for reciprocal
enforcement of child support. Finally, a finding may be made
that a foreign jurisdiction has a law or procedure
substantially similar to UIFSA. That is, a tribunal may
consider whether the foreign jurisdiction also has laws and
procedures that allow for a U.S. order to be recognized in
that foreign jurisdiction independent of a formal reciprocity
agreement. The inclusion of foreign political subdivisions is
necessary because in some countries the central government
will not or cannot bind the subdivisions. For example,
reciprocal arrangements with Canada are made on the province
level and not with the Canadian federal government.

 
Although the vast bulk of child support establishment,
enforcement, and modification in the United States is
performed by the state IV-D agencies, see Part IV-D, SOCIAL
SECURITY ACT, 42 U.S.C. Section 651 et seq., Subsection (22)
defines the term "support enforcement agency" to include not
only those entities, but also any other state or local
governmental entities charged with establishing or enforcing
support. The 2001 amendment simply adds another key task to
the list of powers, that is,


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