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This topic contains information on the following:
1. Definitions of terms used in the processing of intergovernmental cases;
The agency designated by a foreign government to facilitate support establishment and enforcement in case involving residents of the U.S.
The individual (whether over or under the age of majority) who is or is alleged to be owed a duty of support by the individual's parent.
A support order for a child, including a child who has attained the age of majority under the law of the issuing state.
The concept by which the tribunal with the controlling order and jurisdiction over at least one (1) party can make decisions regarding current and future child support.
The order that is enforceable. Under UIFSA, only ONE controlling order exists. When an initiating state sends an order to another state, it can "presume" that order to be the controlling order. Only the responding state "determines" whether an order is the controlling order.
An obligation imposed by law to provide support for a child or spouse in conjunction with an order for child support. The definition of support can include an obligation that is or can be imposed by law to provide health care, interest, and attorney fees.
The federal law enacted in October 1994 that requires all states to recognize support orders issued by other states (whether temporary or permanent), including paternity orders. It provides for the order to be enforced verbatim and prohibits modification unless specific jurisdictional requirements are met.
The state where the child lived with a parent or a person acting as the parent for at least six (6) months preceding the time when a petition for child support was filed. If the child is less than six (6) months of age, the state where the child has lived (since its birth) with the individual who filed the petition.
Includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.
An order or other legal process directing a payer of income to withhold support from the income of the obligor.
A state or tribal IV-D agency or an agency in a foreign country where an individual has applied for or is receiving child support services.
The authorized tribunal in the initiating state.
A IV-D case in which the NCP lives and/or works in a different different jurisdiction than the custodial parent/client, and the case has been referred by an initiating agency to a responding agency for services. An intergovernmental case can include any combination of referrals between states, tribes and countries; it can also be a case in which a state is seeking only to collect arrearages, whether owed to the family or assigned to the state.
A case in which the parties reside or work in different states, and the case has been referred by an initiating state to a responding state for services. An interstate case also can be a case in which a state is seeking only to collect arrearages, whether owed to the family or assigned to the state. (CSS cases with direct income withholding and long arm actions in effect ARE NOT considered interstate cases.)
The state where an tribunal issues a support order and/or a judgment that determines parentage.
The tribunal that issues a support order or renders a judgment that determines parentage.
Includes decisional and statutory law and rules and regulations having the force of law.
Services one state can request of another state to assist the requesting state's ability to process the case.
An obligee can be one of the following:
1. An individual who is owed (or is alleged to be owed) a duty of support, or in whose favor a support order has been issued or a judgment that determines parentage has been rendered;
2. An individual who is seeking a judgment to determine the parentage of his/her child; or
3. A state or agency that has been assigned the rights of support or that has independent claims based on financial assistance that it has provided to an individual obligee.
An obligor can be one of the following:
1. An individual who owes a duty of support;
2. An individual who is alleged but has not been adjudicated to be a parent of a child; or
3. An individual who is liable under a support order.
The exercise of a state's jurisdiction over a non-resident parent in accordance with the long-arm provision of UIFSA.
To record or file a support order or judgment that determines parentage in the appropriate location for the recording or filing of foreign judgments or foreign support orders.
The state that receives pleadings or a request for services from the initiating state to take an action for a case. The responding state can provide limited services or the full range of services as in a two-state case.
A support order for a spouse or former spouse of the obligor.
A state of the United States or the District of Columbia, Puerto Rico, the US Virgin Islands, or any other territory or possession subject to the jurisdiction of the U.S. The term also includes an Indian tribe or a foreign jurisdiction that has enacted a law or established procedures for the issuance and enforcement of support orders that are similar to UIFSA, URESA or RURESA.
A public agency authorized to establish, enforce, or modify child support orders, file actions to determine parentage, or locate obligors and/or obligor's assets in fulfilling the aforementioned duties.
A judgment, decree, or order (whether temporary or final) for the benefit of a child, spouse, or former spouse which provides for monetary support, health care, arrearages, or reimbursement. It can include related costs and fees, interests, income withholding, attorney's fees, and other relief.
Under UIFSA, a tribunal can be a court, administrative agency, or quasi-judicial entity that is authorized to establish, enforce, or modify support orders or to determine parentage. For matters heard in North Carolina, tribunal means the General Court of Justice, District Court Division.
The Personal Responsibility Work Opportunity Act of 1996 mandated that all states adopt this Act to replace URESA. Some of the highlights of the Act include the concepts of controlling order, continuous exclusive jurisdiction, long-arm jurisdiction, and direct income withholding.
This law previously governed interstate case processing, allowing the entry of multiple orders in multiple states for the same child support case, which made enforcement complicated and confusing. It was replaced by UIFSA.
For many years, interstate child support enforcement was subject to provisions of the Uniform Reciprocal Enforcement of Support Act (URESA) or the Revised Uniform Reciprocal Enforcement of Support Act (RURESA). In 1993, states began to adopt the Uniform Interstate Family Support Act (UIFSA), which was designed to solve the problems created under URESA.
Because no federal mandate requiring states to adopt UIFSA existed, Congress passed the Full Faith and Credit for Child Support Orders Act (FFCCSOA) in 1994, which required states to recognize that one order governs a case for current and prospective enforcement until that order is appropriately modified. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) required that all states have UIFSA in effect by January 1998 in order to receive federal funding. UIFSA became effective in North Carolina on January 1, 1996.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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