LD 986
pg. 14
Page 13 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 15 of 77
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LR 467
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child support order has been issued, this option is no longer
available to interstate parties. Under UIFSA, a State may not
permit a party to proceed to obtain a second support order;
rather, in further litigation the tribunal must apply the Act's
provisions for enforcement of an existing order and limit
modification to the strict standards of UIFSA.

 
The 2001 addition to Subsection (a) specifically recognizes
the doctrine of comity as a legitimate function of state law
that on a proper showing provides for the recognition of a
foreign support order, see Mississippi Dept. Human Svcs. v.
Shelnut, 772 So.2d 1041 (Miss. 2000). Although the
determination by the U.S. State Department that a foreign
nation is a reciprocating country is binding on all states,
recognition of foreign support orders through comity is
dependent on the law of each UIFSA State. The reference to
"remedies under other law" is intended to recognize the
principle of comity as developed in the forum State by
statutory or common law, rather than to create a substantive
right independent of that law.

 
New Subsection (b)(1) gives notice that UIFSA is not the only
means for establishing or enforcing a support order with an
interstate aspect. Examples abound. A potential child-support

 
obligee may voluntarily submit to the jurisdiction of another
State to seek the full range of desired relief under the law
of that State using intrastate procedures, rather than
resorting to the interstate procedure provided by UIFSA. A
nonresident married parent may choose to file a proceeding in
the forum State for dissolution of the marriage, including
property division and spousal support, and in conjunction seek
an order regarding child custody and visitation and child
support. A parent may submit to the jurisdiction of another
State for a determination of parentage and child support. A
support order resulting from each of these scenarios
implicates UIFSA. Invariably the issuing tribunal will have
continuing, exclusive jurisdiction over its controlling child
or spousal support orders as provided by Sections 205, 207,
211, infra, with all of the attendant application of the Act
to those orders.

 
On the other hand, Subsection (b)(2) states what is clear
under U.S. Supreme Court decisions; the bases of jurisdiction
for child custody and visitation orders and the jurisdiction
for child-support orders run on separate tracks, compare May
v. Anderson, 345 U.S. 528 (1953) with Kulko v. Superior Court,
436 U.S. 84 (1978). If the child-support order is sought under
the authority of UIFSA, the most important aspect of this rule
is that a child-support obligee utilizing the provisions of
UIFSA to establish child support across State lines submits to
jurisdiction for child support only, and does not submit to
the


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