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