LD 986
pg. 9
Page 8 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 10 of 77
Download Bill Text
LR 467
Item 1

 
D. The location of obligors or their assets.; or

 
Sec. 6. 19-A MRSA §2802, sub-§21, ķE is enacted to read:

 
E.__Determination of the controlling child support order.

 
Sec. 7. 19-A MRSA §2802, sub-§22, as enacted by PL 1995, c. 694, Pt.
B, §2 and affected by Pt. E, §2, is amended to read:

 
22. Support order. "Support order" means a judgment,
decree or, order or directive, whether temporary, final or
subject to modification, issued by a__tribunal for the benefit
of a child, a spouse or a former spouse, that provides for
monetary support, health care, arrearages or reimbursement.
"Support order" may include related costs and fees, interest,
income withholding, attorney's fees and other relief.

 
Uniform Comment

 
(This is Section 102 of the Uniform Act.)

 
The terms defined in UIFSA have undergone relatively little
amendment since its original promulgation in 1992. Two new
terms were added in 2001--"person" and "record," found in
Subsections (14) and (15), respectively. Other definitions
have been amended slightly over the years, but none as
significantly as the 2001 amendments to the definition of
"State" in Subsection (21).

 
Many crucial definitions continue to be left to local law. For
example, the definitions of "child" and "child-support order"
provided by Subsections (1) and (2) refer to "the age of
majority" without further elaboration. The exact age at which
a child becomes an adult for different purposes is a matter
for the law of each State, as is the age at which a parent's
duty to furnish child support terminates. Similarly, a wide
variety of other terms of art are implicitly left to state
law. For example, Subsection (23) refers inter alia to "health
care, arrearages, or reimbursement ." All of these terms are
subject to individualized definitions on a state-by-state
basis.

 
Subsection (3) defines "duty of support" to mean the legal
obligation to provide support, whether or not that duty has
been the subject of an order by a tribunal. This broad
definition includes both prospective and retrospective
obligations to the extent they are imposed by the relevant
state law.

 
For the limited purpose of resolving certain conflicts in the
exercise of jurisdiction, Subsection (4) borrows the concept
of the "home State of a child" from the UNIFORM CHILD CUSTODY
JURISDICTION ACT (UCCJA) and its successor, the UNIFORM CHILD


Page 8 of 77 Top of Page Page 10 of 77