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CHOICE OF LAW IN INTERGOVERNMENTAL CHILD SUPPORT ACTIONS: WHOSE RULES APPLY?

CHOICE OF LAW IN INTERGOVERNMENTAL CHILD SUPPORT ACTIONS: WHOSE RULES APPLY?. PRESENTERS. MODERATOR Andrew Szymak, Esquire, Oklahoma Child Support Services, FIDM SPEAKERS William Reynolds, Esquire, Professor University of Maryland Law School

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CHOICE OF LAW IN INTERGOVERNMENTAL CHILD SUPPORT ACTIONS: WHOSE RULES APPLY?

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  1. CHOICE OF LAW IN INTERGOVERNMENTAL CHILD SUPPORT ACTIONS: WHOSE RULES APPLY?

  2. PRESENTERS • MODERATOR • Andrew Szymak, Esquire, Oklahoma Child Support Services, FIDM SPEAKERS William Reynolds, Esquire, Professor University of Maryland Law School R. Louis Gallagher, II, Esquire, Attorney Camden County Board of Social Services

  3. UNIFORM INTERSTATE FAMILY SUPPORT ACT § 604 CHOICE OF LAW 1996 – AK,AL,AR,CA,FL,GA,GU,HI,IA,IN,KS,KY,LA,MA,MD,MI, MN,MO,MT,NC,ND*,NH,NJ,NY,OR,PA,PR,SD,TN,VI,VT,WI 2001- AZ,CO,CT,DE,ID,IL,ME,MS,NE,NM,NV,OK,RI,SC,TX,UT, VA,WA,WV,WY 2008 – ND*

  4. UNIFORM INTERSTATE FAMILY SUPPORT ACT (1996)CHOICE OF LAW (a) The law of the issuing State governs the nature, extent, amount and duration of current payments and other obligations of support and the payment of arrearages under the order (b) In a proceeding for arrearages, the statute of limitations under the laws of this State or issuing State, which ever is longer, applies

  5. UNIFORM INTERSTATE FAMILY SUPPORT ACT (1996)CHOICE OF LAW Controlling Order Remains The Order Of The Issuing State Responding State Only Enforces The Order Absent A Loss Of CEJ Or Subsequent Modification The Order Never Becomes An Order Of The Responding State Calculation Of Current Support, Arrears, Interest On Arrears, Belongs To The Issuing State

  6. UNIFORM INTERSTATE FAMILY SUPPORT ACT (1996)CHOICE OF LAW CASES Hale v. Hale, Kan App., 2005 108 P.3d 1012 Badeaux v. Davis, S.C. App., 1999, 522 S.E. 2d 835 Super Bowl: Green Bay Packers World Series: New York Yankees NBA Champs: Chicago Bulls Oscar: Fargo U.S. Average Gas Price $1.23 Top of the Charts 1996 President: William J. Clinton

  7. UNIFORM INTERSTATE FAMILY SUPPORT ACT (1996)CHOICE OF LAW NEW JERSEY N.J.S.A. 2A:4-30.107 (a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order. (b) In a proceeding for arrearages, the statute of limitations under the laws of this State or of the issuing state, which ever is longer, applies.

  8. UNIFORM INTERSTATE FAMILY SUPPORT ACT (1996)CHOICE OF LAW Marshak v. Weser, 390 N.J. Super. 387, 915 A. 2d 613 (A.D. 2007) Since Pennsylvania law did not require payment of college expenses for child who had reached the age of eighteen, the Pennsylvania child support order could not, under Pennsylvania law, be modified to require ex-husband to pay college expenses for his eighteen year old son, and New Jersey courts could not modify the Pennsylvania child support order to provide a longer duration than the Pennsylvania law would allow.

  9. UNIFORM INTERSTATE FAMILY SUPPORT ACT (1996)CHOICE OF LAW Thomas Paine, author of Common Sense, The Crisis Papers and The Rights of Man, through his friendship with revolutionary Colonel Joseph Kirkbride became enchanted with Bordentown and spent much time here. In a letter written while in Europe after the American Revolution, Thomas Paine stated, “I’d rather see my horse Buttons eating the grass of Bordentown then all the pomp and show of Europe

  10. UNIFORM INTERSTATE FAMILY SUPPORT ACT (2001)CHOICE OF LAW (a) TheExcept as otherwise provided in subsection (d), the law of the issuing State governs: (1) the nature, extent, amount, and duration of current payments and other obligations of support andunder a registered support order: (2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (3) the existence and satisfaction of other obligations under the support order. (b) In a proceeding forarrearagesarrears under a registered support order, the statute of limitation under the laws of this State or of the issuing State, whichever is longer, applies. (c) A responding tribunal of this State shall apply the procedures and remedies of this State to enforce current support and collect arrears and interest due on a support of another State registered in this State. (d) After a tribunal of this or another State determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this State shall prospectively apply the law of this State issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

  11. UNIFORM INTERSTATE FAMILY SUPPORT ACT (2001)CHOICE OF LAW Principles Of 1996 Remain The Same 2001 (a) Clarifies The Range Of Subjects Governed By COL Rules 2001 (c) Responding State Enforcement Procedures Control 2001 (d) Law Of Issuing State Applies To Consolidated Arrears, Even If Other States Orders Contributed To Those Arrears

  12. UNIFORM INTERSTATE FAMILY SUPPORT ACT (2001)CHOICE OF LAW Cases Robdau v. Commonwealth, VDSS, 543 S.E. 2d 602 (Va. App. 2001) Wills v. Wills, Neb.App 2008, 745 N.W. 2d 924 Office of Attorney General v. Buhrle, Tex App, Corpus Christi 2006, 210 S.W. 3d 714 Super Bowl: New England Patriots World Series: Arizona D Backs NBA Champs: LA Lakers Oscar: Beautiful Mind U.S. Average Gas Price $1.52 Fallen Top of the Charts 2001 President: George W. Bush

  13. UNIFORM INTERSTATE FAMILY SUPPORT ACT (2008)CHOICE OF LAW (a) Except as otherwise provided in subsection (d), the law of the issuing State state or foreign country governs: (1) the nature, extent, amount, and duration of current payments under a registered support order: (2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (3) the existence and satisfaction of other obligations under the support order. (b) In a proceeding forarrears under a registered support order, the statute of limitation of this Statestate or of the issuing Statestate or foreign country, whichever is longer, applies. (c) A responding tribunal of this Statestate shall apply the procedures and remedies of this Statestate to enforce current support and collect arrears and interest due on a support of another Statestate of foreign country registered in this Statestate. (d) After a tribunal of this state or another Statestate determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this Statestate shall prospectively apply the law of this Statestate or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

  14. UNIFORM INTERSTATE FAMILY SUPPORT ACT (2008)CHOICE OF LAW Same As 2001 Except capital “S” In “State” Replaced With Lower Case And “foreign country” Added

  15. UNIFORM INTERSTATE FAMILY SUPPORT ACT (2008)CHOICE OF LAW CASES No Reported or Unreported Cases Super Bowl: NY Giants World Series: Philadelphia Phillies NBA Champs: Boston Celtics Oscar: Slumdog Millionaire U.S. Average Gas Price $1.87 Single Ladies (Put a Ring on it) Top of the Charts 2008 President Barack Obama

  16. UNIFORM INTERSTATE FAMILY SUPPORT ACTCHOICE OF LAW DURATION: AGE OF MAJORITY Alabama: Section 26-1-1, Code of Alabama 1975 (CS BAM: Yes*) Alaska: AS 25.20.010,AS 25.24.140(a)(3), 25.24.170(a) (CS BAM: Yes*) Arizona: A.R.S. § 25-320(F), § 25-501 (A) (CS BAM: Yes*) Arkansas: Ark. Code Anno. § 9-14-237 (CS BAM: Yes*) California: Family Code section 3901 (CS BAM: Yes**) Colorado: 14-10-115 (13), Colorado Revised Statutes (C.R.S.) for orders entered after July 1, 1997 and 14-10-115 (15), C.R.S for orders entered prior to July 1, 1997. (CS BAM: Yes**) Connecticut: Section 1-1d of the Connecticut General Statutes (CGS). (CS BAM: Yes*) Delaware: 13 Del. C sec 501 (a)(b)(c)(d) (CS BAM: No) Florida: Section 61.14(9), Florida Statutes Section 743.07 (CS BAM: Yes*) Georgia: O.C.G.A. 39-1-1 (CS BAM: Yes*)

  17. UNIFORM INTERSTATE FAMILY SUPPORT ACTCHOICE OF LAW DURATION: AGE OF MAJORITY Hawaii: Hawaii Revised Statutes Section 577-1 (CS BAM: Yes***) Idaho: Idaho Code, Section 32-706 (CS BAM: Yes until 19 if still in HS) Illinois: 755 ILCS 5/11-1 and (750 ILCS 5/505) (CS BAM: Yes until 19 if still in HS) Indiana: IC 31-16-6-6 (CS BAM: Yes*) Iowa: Iowa Code sec. 599.1 (CS BAM: Yes*) Kansas: K.S.A. 60-1610(a) (CS BAM: Yes if child turns 18 during HS or consent of parents) Louisiana: Civil Code Article 29 (CS BAM: Yes*) Maine: 19-A MRSA §1653(12) (CS BAM: No) Maryland: Article I,§24, Annotated Code of Maryland (CS BAM: Yes*) Massachusetts: M.G.L. c. 4, s. 7. (CS BAM: Yes***)

  18. UNIFORM INTERSTATE FAMILY SUPPORT ACTCHOICE OF LAW DURATION: AGE OF MAJORITY Michigan: MCL 722.3: MCL 722.3a (CS BAM: Yes, up to 19 ½ if still in HS) Minnesota: Minnesota Statute 518A.26, subd.5 (CS BAM: Yes*) Mississippi: MCA Sections 93-5-23 & 93-11-65 (CS BAM: Yes*)Missouri: Section 452.340, RSMo(CS BAM: Yes***) Montana: MCA 40-4-208(5); 40-5-201(2).(CS BAM: ? Might need consent or decree) Nebraska: Neb. Rev. Stat. §43-2101 (1998) see also Neb. Rev. Stat. §42-371.01 (1998).(CS BAM: Yes if parties agree) Nevada: NRS 129.010, 125.510, 125B.110 and 425.300 (CS BAM: Yes*)New Hampshire: RSA 461-A:14 (CS BAM: Yes, case by case before a court) New Jersey: NJSA 9:17B-3 (CS BAM: Yes**************************************) New Mexico: Section 40-4-7 (B)(3)(b)NMSA 1978(CS BAM: Yes*)

  19. UNIFORM INTERSTATE FAMILY SUPPORT ACTCHOICE OF LAW DURATION: AGE OF MAJORITY New York: FCA 413(1)a (CS BAM: Yes* very limited) North Carolina: G.S. 50-13.4 (CS BAM: Yes until 20 if still in HS) North Dakota: N.D.C.C. section 14-09-08.2 (CS BAM: Yes if court finds it appropriate) Ohio: Ohio Revised Code section 3109.01 (CS BAM: Yes if specified in court order) Oklahoma: 43 O.S Section 112 (E) (CS BAM: Yes*) Oregon: Oregon Revised Statute (ORS) 109.510. Oregon Revised Statute (ORS) 107.108 regarding child attending school (CS BAM: Yes between 18 & 21 if meet school requirements) Pennsylvania: Title 23 PA.C.S. §4321(2) (CS BAM: Yes*) Rhode Island: Section 15-5-16.2(b) of RI General Laws (CS BAM: Yes*) South Carolina: SC Code Sec. 63-3-530(17) (CS BAM: Yes*) South Dakota: SDCL 25-5-18.1. (CS BAM: Yes by consent of the parties)

  20. UNIFORM INTERSTATE FAMILY SUPPORT ACTCHOICE OF LAW DURATION: AGE OF MAJORITY Tennessee:. C.A. Section 34-11-102 (CS BAM: Yes*) Texas: Texas Family Code section 101.003 (CS BAM: Yes*) Utah: U.C.A. 78B-12-219 (CS BAM: Yes by court order) Vermont: 1 VSA 173 (CS BAM: Yes, for children with disabilities, petition the court up to age 22) Virginia: 16.1-228 of the Code of Virginia(CS BAM: Yes*)Washington: RCW 26.28.010(CS BAM: Yes, court can extend in special cases) West Virginia: WV Code 2-3-1(CS BAM: Yes, 19 and still in HS, disabled in some cases) Wisconsin: 54.01(20)(CS BAM: No) Wyoming: W.S. § 14-1-101 (CS BAM: Yes*)

  21. UNIFORM INTERSTATE FAMILY SUPPORT ACTCHOICE OF LAW STATUTE OF LIMITATIONS TO COLLECT ARREARS Alabama: 20 years from the date the child support payment was due Alaska: None Arizona: Effective September 21, 2006, the statute of limitations for collection of child support was eliminated Arkansas: Arrears that are a judgment by operation of law are only collectible until the child turns 23. California: None Colorado: 20 years. 20 year statute of limitations begins from the date the judgment was entered Connecticut: None Delaware: None Florida: None, but to bar stale claims, 'laches'may apply Georgia: None, for orders issued on or after July 1, 1997

  22. UNIFORM INTERSTATE FAMILY SUPPORT ACTCHOICE OF LAW STATUTE OF LIMITATIONS TO COLLECT ARREARS STATUTE OF LIMITATIONS TO COLLECT ARREARS Hawaii: Within 3-years after the child reaches the age of majority Idaho: Action must be commenced prior to the youngest child's 23rd birthday Illinois: Post 7-1-97 none, pre 7-1-97 20 years Indiana: 10 years after age 18 or date of emancipation, whichever is earlier Iowa: Post 7-1-97 none, pre 7-1-97 20 years from installment Kansas: Installments due after 7/1/81 are enforceable until 2 years after child is emancipated. Louisiana: The statute of limitations on the past due support is ten (10) years from the age of majority Maine: None, but there is a presumption of payment after 20 years Maryland: None Massachusetts: None

  23. UNIFORM INTERSTATE FAMILY SUPPORT ACTCHOICE OF LAW STATUTE OF LIMITATION TO COLLECT ARREARS Michigan: 10 years after last obligation due Minnesota: None, SOL on judgments 10 years Mississippi: Generally, 7 year SOL after the age of majority Missouri: 10 years from last payment on court record Montana: 10 years from date payment due for debt accrued prior to 10/1/93; 10 years after termination of obligation for payments due after 10/1/93 . Nebraska: None. Nevada: None if an order exists New Hampshire: 20 years from date cs payment became due New Jersey: None New Mexico: 14 years from date of judgment or court order

  24. UNIFORM INTERSTATE FAMILY SUPPORT ACTCHOICE OF LAW STATUTE OF LIMITATIONS TO COLLET ARREARS New York: After 8-7-87 20 years from date of default, before 8-7-87 6 years from default payment North Carolina: 10 years North Dakota: After 4-2-99 none Ohio: None Oklahoma: None Oregon: After 1-1-94 35 years from the date of judgment Pennsylvania: None Rhode Island: None South Carolina: None South Dakota: 20 years from the date support is due

  25. UNIFORM INTERSTATE FAMILY SUPPORT ACTCHOICE OF LAW STATUTE OF LIMITATIONS TO COLLECT ARREARS Tennessee: None Texas: After termination 10 years for judgment, 2 years for contempt Utah: 4 years after the last child emancipated (some exceptions apply) Vermont: In cases with no adjudication 6 years after youngest child reaches 18, if adjudicated 8 years from last adj. Virginia: None Washington: Orders after 7-23-89, 10 years after youngest child turns 18 West Virginia: Orders after 6-7-08 10 years after youngest child turns 18 Wisconsin: 20 years after child(ren) reach the age of majority Wyoming: None

  26. UNIFORM INTERSTATE FAMILY SUPPORT ACT CHOICE OF LAWPARENTAGE

  27. UNIFORM INTERSTATE FAMILY SUPPORT ACT CHOICE OF LAWSCENARIOS

  28. UNIFORM INTERSTATE FAMILY SUPPORT ACT CHOICE OF LAW QUESTIONS?

  29. UNIFORM INTERSTATE FAMILY SUPPORT ACT CHOICE OF LAW CONCLUSION

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