UIFSA 2008
It’s Time Has Come!
MAR G AR ET C AMPBEL L H AYN ES
C EN T ER F O R T H E SU PPO RT O F FAM IL IES
Hague Maintenance Convention: Making
of the Treaty
55 Hague member countries + 15 “observer” (non-Haguemember) countries and non-governmental organizations (e.g.,
NCSEA)
5 years of negotiations (2003 -2007)
U.S. signed the Hague Convention on November 23, 2007,
committing to work toward ratification and implementation in the
U.S.
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Hague Maintenance Convention: Current
Status
31 Countries have ratified
 European Union countries (27)
 Norway
 Albania
 Bosnia and Herzegovina
 Ukraine
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US Ratification in 2016?
The pigs are flying!
6/20/2013
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What Has Happened
The Senate gave advice and consent to ratify the
treaty (Sept. 29, 2010)
Congress approved implementing legislation
that the President signed on Sept. 24, 2014
 Pub. L. 113-183 Preventing Sex Trafficking and
Strengthening Families Act
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Requires a state to enact UIFSA 2008 in its next legislative
session as a condition of federal Title IV-D funding
UIFSA 2008 – state legislation that will implement the
Convention in U.S.
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What Needs to Happen
 All states must enact UIFSA 2008 by the effective date in
Pub. L. No. 113-183.
 The President must sign the instrument of ratification.
 THEN: United States will be able to deposit its instrument
of ratification with the Ministry of Foreign Affairs of the
Kingdom of the Netherlands, the depository for the Hague
Conference. It will take effect for the U.S. on the first day of
the first month that is not less than three months after the
date of deposit.
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UIFSA – Tell Me More!
Three current versions in use among states
 1996
 2001
 2008
All versions built around two major concepts
 Controlling Order
 Continuing, Exclusive Jurisdiction
Changes from 1996 to 2001 - DCO
Determination of Controlling Order
 Jurisdiction
 Who can request and when it occurs
 Notice
 Findings - consolidation of arrears
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Changes from 1996 to 2001 - Evidence
New definition for “record” allows electronic
transmission of testimony
Requires tribunal to allow telephonic or other
electronic testimony by non-resident party
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Changes from 1996 to 2001 –
Modification Jurisdiction
 Issuing state can modify its order even if no party
lives there so long as both parties consent
 A U.S. state can modify a foreign order, even if
country would have CEJ, if issuing country cannot
or will not modify its order
 Long arm jurisdiction not applicable
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Changes from 1996 to 2001 – Choice of
Law Clarification
 Law of issuing state governs duration and interest
 Once arrears under old orders consolidated,
prospective interest is that of controlling order
state
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Changes from 1996 to 2001 – Redirection
of Payments
 Applies when no party or child resides in issuing state
 Request must be made by a support enforcement
agency
 Money sent instead to support enforcement agency of
state where obligee now receiving IV-D services
 Proposed new intergovernmental form
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Goals of UIFSA 2008
Implement the Hague Convention
Address international cases in general
Build upon UIFSA 2001
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UIFSA 2008 – New Definitions
 Definition of “state” includes “tribes”
 Separate definition of “foreign country” incl. many but
not all foreign nations
• Foreign reciprocating country
• State reciprocal arrangement
• Country with laws substantially similar to UIFSA
• Convention country
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Services by Support Enforcement Agency
 State legislature may choose between 2
alternatives
• Must, upon request, provide services to all
petitioners
• Must, upon request, provide services to a petitioner
residing in a state or requesting services thru a
Central Authority (Hague or bi-lat case) AND may,
upon request, provide services to an individual
petitioner not residing in a state (all other foreign
cases)
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UIFSA 2008 – Road Map
 Articles 1 – 6 apply to support proceeding involving
• A foreign support order
• A foreign tribunal
• An obligee, obligor, or child residing in a foreign country
 Articles 1 – 6 may be applied by a tribunal
recognizing and enforcing a foreign support order
based on comity
 Article 7 applies to Convention cases only
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Enforcement Under UIFSA 2008
 Direct income withholding only for support orders issued
by a state. No longer requires U.S. employers to honor
DIWs from foreign countries.
 Registration for enforcement is different if request for
enforcement comes from a Hague country.
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Registration for Enforcement
 Procedure for non-Hague foreign support orders
• UIFSA 2001
 Procedure for Hague foreign support orders
• New Article 7
• Major differences
o Documents
o Time frames
o Defenses
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Required Documents
Non-Hague Foreign Support
Orders
• Transmittal letter
• 2 copies of order, including 1
certified copy
• Sworn or certified statement
of arrears
• Certain obligor & obligee
information
• Name/address of person to
whom support payments to
be sent (if applicable)
• Request for DCO, if
appropriate
Hague Foreign Support Orders
• Transmittal letter
• Complete text of order (or
abstract by issuing tribunal)
• Record: order is enforceable in
issuing country
• Record attesting to due process
(if default order)
• Record: arrears and automatic
adjustment of support
• Record of receipt of free legal
assistance in issuing country (if
necessary)
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Time Frame to Contest
 Non-Hague Foreign Support Orders
• Within [20] days after notice of registration
 Hague Foreign Support Orders
• Not later than 30 days after notice of registration
• Not later than 60 days after notice if contesting party
does not reside in U.S.
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Defenses to Recognition & Enforcement
of Convention Order Include
 Recognition and enforcement of order is manifestly
incompatible with public policy, including failure of
issuing tribunal to observe minimum standards of due
process
 Issuing tribunal lacked personal jurisdiction
consistent with Section 201;
 Order is not enforceable in issuing country;
 If default order, there was a lack of due process re:
notice & opportunity to be heard
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Non-Recognition of Hague Order
If a tribunal does not recognize a Hague order
because
 There was a lack of personal jurisdiction;
 There was procedural fraud;
 A proceeding between same parties with same purpose is
pending before a tribunal of that state and that proceeding
was filed first; or
 The order is a default order but the notice and opportunity
to challenge did not satisfy due process
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Non-Recognition of Hague Order (cont’d)
Then
 The tribunal may not dismiss the proceeding without
allowing a reasonable time for a party to request the
establishment of a new Convention support order
 and the [governmental entity] must take all
appropriate measures to request a child support order
for the obligee if the application for recognition and
enforcement was received through the Central
Authority system.
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Modification of U.S. Support Order
A U.S. tribunal retains jurisdiction to modify an order it
has issued if:
(1) one party resides in another U.S. state (as
defined by UIFSA); AND
(2) the other party resides outside the United States
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Currency Conversion
 Hague Convention does not address.
 UIFSA says when it must occur and who has
responsibility to prepare conversion but does not
specify how to do currency conversion.
 Recommended practice re: wording of NOTICE OF
REGISTRATION OF FOREIGN SUPPORT ORDER:
The amount of the alleged arrearage is 900 Euros as of
[12/25/YYYY] having a United States of America Dollar
equivalence of $ 1080 as of [9/1/YYYY].
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U.S. Proposed Intergovernmental Forms
 Federal-state workgroup
 80 Fed. Reg. 46286 (Aug. 4, 2015)
 60 day comment period
 Three new forms
• Transmittal #1 – Acknowledgment
• Personal Identifiable Information (PII) Form
• Request for Change of Support Payment Location
Pursuant to UIFSA Section 319(b)
 Amendments to other forms
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Hague Convention Forms
 Two mandatory forms: Transmittal and
Acknowledgment
 Number of recommended forms developed by
the Forms Working Group
 Applications not under penalty of perjury
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OCSE Resources
 OCSE international web page:
http://www.acf.hhs.gov/programs/css/international
 International Case Processing Guides for
Caseworkers
 International Dear Colleague Letters to FRCs
 Policy Guidance to States
 IM-15-01
http://www.acf.hhs.gov/programs/css/resource/uniform-interstatefamily-support-act-2008-and-hague-treaty-provisions
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Convention Resources
 From website, www.hcch.net, go to the page for
Child Support and Family Maintenance Section
http://www.hcch.net/index_en.php?act=text.display&tid=191
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Convention text
Explanatory report
Mandatory and recommended forms
Country Profiles
Handbook for Caseworkers
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Practical Handbook for Caseworkers
Contains procedures, flowcharts and guides
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I-Support
 Case management application to assist Central
Authorities in processing Convention applications and
EU regulation cases
 iSupport Advisory Board
 Workgroups – functional, technical and security
 RFP – ProTech was selected vendor
 Pilot
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I-Support Functionality
 Ability to generate required and recommended forms
in multiple languages
 Secure transmission of messages and documents
between Central Authorities
 Allows case managers to track cases and complete
required Convention tasks
 May be able to handle payment transmissions and
exchange in the future
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Questions??
 Margaret (Meg) Campbell Haynes
mhaynes@csfmail.org
240-743-8007
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