LD 986
pg. 50
Page 49 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 51 of 77
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LR 467
Item 1

 
Subsection (d) provides a simplified means for proving health
care expenses related to the birth of a child. Because
ordinarily these charges are not in dispute, this is designed
to obviate the cost of having health care providers appear in
person or of obtaining affidavits of business records from
each provider.

 
Subsections (e) and (f) encourage tribunals and litigants to
take advantage of modern methods of communication in
interstate support litigation; most dramatically, the out-of-
state party is authorized to testify by telephone and supply
documents by fax. One of the most useful applications of these
subsections has been the combining of (c) and (e) to provide
an enforcing tribunal with up-to-date information concerning
the amount of arrears.

 
Subsection (g) codifies the rule in effect in many States that
in civil litigation an adverse inference may be drawn from a
litigant's silence. If a party refuses to submit to genetic
testing, the refusal may be admitted into evidence and the
court may resolve the question of paternity against that party
on the basis of an inference that the results of the tests
would have been unfavorable to the interests of the refusing
party.

 
Subsection (j), new in 2001, complies with the federally
mandated procedure that every State must honor the
"acknowledgment of paternity" validly made in another State.

 
Sec. 26. 19-A MRSA §3017, as enacted by PL 1995, c. 694, Pt. B, §2
and affected by Pt. E, §2, is amended to read:

 
§3017. Communications between tribunals

 
A tribunal of this State may communicate with a tribunal of
another state or foreign country or political subdivision in
writing a record or by telephone or other means to obtain
information concerning the laws of that state; the legal
effect of a judgment, decree or order of that tribunal; and
the status of a proceeding in the other state or foreign
country or political subdivision. A tribunal of this State
may furnish similar information by similar means to a tribunal
of another state or foreign country or political subdivision.

 
Uniform Comment

 
(This is Section 317 of the Uniform Act.)

 
This section authorizes communications between tribunals in
order to facilitate decisions. The 2001 amendments extend the
coverage of the section to tribunals of foreign nations. Broad
cooperation between tribunals is permitted to expedite
establishment and enforcement of a support order.


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