Uniform Interstate Family Support Act
Encyclopedia
The Uniform Interstate Family Support Act (UIFSA) is one of the uniform act
s drafted by the National Conference of Commissioners on Uniform State Laws
in the United States
. First developed in 1992 the NCCUSL revised the act in 1996 and again in 2001 with additional amendments in 2008. The act limits the jurisdiction
that can properly establish and modify child support orders and addresses the enforcement of child support
obligations within the United States. In 1996, Congress
passed and President
Bill Clinton
signed the Personal Responsibility and Work Opportunity Act
(42 U.S.C.
§ 666), which required that states adopt UIFSA by January 1, 1998 or face loss of federal funding for child support enforcement. Every U.S. state
has adopted either the 1996 or a later version of UIFSA.
Whenever more than one state is involved in the establishing, enforcing or modifying a child or spousal support order, the Act is implemented to determine the jurisdiction and power of the courts in the different states. The Act also establishes which state's law will be applied in proceedings under the Act, an important factor as support laws vary greatly among the states.
The Act establishes rules requiring every state to defer to child support orders entered by the state courts of the child's home state. The place where the order was originally entered holds continuing exclusive jurisdiction (CEJ), and only the law of that state can be applied to requests to modify the order of child support, unless the original tribunal loses CEJ under the Act.
The Act also provides various direct interstate enforcement mechanisms. For example, it allows a caretaker parent to have an order mailed to the employer of the obligated parent, which will require that employer to withhold pay for the benefit of the child. Furthermore, it allows the caretaker parent to have an order mailed to an out-of-state court to get the other state to enforce the order.
Uniform Act
In the United States, a Uniform Act is a proposed state law drafted by the U.S. Uniform Law Commission and approved by its sponsor, the National Conference of Commissioners on Uniform State Laws ....
s drafted by the National Conference of Commissioners on Uniform State Laws
National Conference of Commissioners on Uniform State Laws
The National Conference of Commissioners on Uniform State Laws is a non-profit, unincorporated association commonly referred to as the U.S. Uniform Law Commission. It consists of commissioners appointed by each state, the District of Columbia, the Commonwealth of Puerto Rico and the United States...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. First developed in 1992 the NCCUSL revised the act in 1996 and again in 2001 with additional amendments in 2008. The act limits the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
that can properly establish and modify child support orders and addresses the enforcement of child support
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...
obligations within the United States. In 1996, Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
passed and President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
signed the Personal Responsibility and Work Opportunity Act
Personal Responsibility and Work Opportunity Act
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is a United States federal law considered to be a fundamental shift in both the method and goal of federal cash assistance to the poor. The bill added a workforce development component to welfare legislation, encouraging...
(42 U.S.C.
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
§ 666), which required that states adopt UIFSA by January 1, 1998 or face loss of federal funding for child support enforcement. Every U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
has adopted either the 1996 or a later version of UIFSA.
Whenever more than one state is involved in the establishing, enforcing or modifying a child or spousal support order, the Act is implemented to determine the jurisdiction and power of the courts in the different states. The Act also establishes which state's law will be applied in proceedings under the Act, an important factor as support laws vary greatly among the states.
The Act establishes rules requiring every state to defer to child support orders entered by the state courts of the child's home state. The place where the order was originally entered holds continuing exclusive jurisdiction (CEJ), and only the law of that state can be applied to requests to modify the order of child support, unless the original tribunal loses CEJ under the Act.
The Act also provides various direct interstate enforcement mechanisms. For example, it allows a caretaker parent to have an order mailed to the employer of the obligated parent, which will require that employer to withhold pay for the benefit of the child. Furthermore, it allows the caretaker parent to have an order mailed to an out-of-state court to get the other state to enforce the order.