BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2015 - 2016 Regular Session
SB 646 (Jackson)
Version: February 27, 2015
Hearing Date: April 7, 2015
Fiscal: Yes
Urgency: No
NR
SUBJECT
Uniform Interstate Family Support part
DESCRIPTION
This bill would revise and recast the Uniform Interstate Family
Support Act (UIFSA) to provide guidelines for the registration,
recognition, enforcement, and modification of foreign support
orders from countries that are parties to the Hague Convention
on the International Recovery of Child Support and Other Forms
of Family Maintenance (2007 Hague Convention). This bill would
identify the Department of Child Support Services as the agency
designated by the United States central authority, as defined,
to perform specific functions under the Convention. This bill
would make other technical, clarifying, and conforming changes.
BACKGROUND
The Uniform Interest Child Support Act (UIFSA) is a
comprehensive model act focused on intergovernmental
establishment, modification, and enforcement of child support
obligations. It was first developed by the National Conference
of Commissioners on Uniform State Laws in 1992, amended in 1996,
2001 and again in 2008. All states were required to enact UIFSA
in 1998 as a condition to receive federal funds for family
support enforcement. As a result, UIFSA is currently state law
in all 50 states and jurisdictions. (See Fam. Code Secs.
4900-5005.)
However, as states operated under UIFSA 1996, the need for
clarification of some sections became apparent. UIFSA 2001 and
2008 addressed this need by making a number of technical and
clarifying changes. In addition, UIFSA 2008:
allowed states to redirect support payments to a new state
when all parties have left the state that originally issued a
support order;
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required courts to permit out-of-state parties to appear
telephonically in proceedings to establish, modify, or enforce
a support order; and
allowed for the provision of child support services to
residents of other countries pursuant to the 2007 Hague
Convention on the International Recovery of Child Support and
Other Forms of Maintenance.
In September of 2014, Congress passed, and the President signed
into law, the Preventing Sex Trafficking and Strengthening
Families Act (Pub. Law 113-183.) That Act requires the adoption
of the UIFSA 2008 verbatim by all states by the end of the
state's 2015 legislative session as a condition of continued
child support program funding. Accordingly, this bill would
repeal the 1996 and 2001 versions of UIFSA, and adopt the 2008
version in California as required by federal law.
CHANGES TO EXISTING LAW
Existing federal law , the Preventing Sex Trafficking and
Strengthening Families Act, mandates adoption of UIFSA 2008
verbatim by all states by the end of the state's 2015
legislative session as a condition of continued child support
program funding. (Pub. Law 113-183.)
Existing law , the Uniform Interstate Family Support Act (UIFSA)
establishes rules regarding the establishment and enforcement of
child support orders across state lines, and provides that the
issuing state shall exercise continuing, exclusive jurisdiction
over the order as long as the obligor, obligee, or child remains
a resident of the state. (Fam. Code Sec. 4900 et seq.)
This bill would clarify that a state loses continuing, exclusive
jurisdiction if the parties agree, in writing, for another state
to assume jurisdiction.
This bill would require tribunals to permit a party or a witness
residing in another state to participate in a proceeding
telephonically, by audiovisual means, or any other electronic
means designated by the tribunal.
This bill would require, upon the request of the appropriate
agency, the issuing state agency to redirect payments to the
agency in the obligee's state and issue an administrative notice
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of change to the obligor's employer that reflects the redirected
payments.
This bill would provide the framework for the exchange of cases
between parties to the 2007 Hague Convention. Specifically,
this bill would:
prescribe the role and responsibilities of Central Authorities
in Convention countries;
expand the ability to challenge a Convention support order
upon registration in this state; and
require the state to seek to establish a new support order if
the registration of a Convention support order is denied,
without further request from the other country.
COMMENT
1.Stated need for the bill
According to the author:
Currently, California is operating under UIFSA 1996. All
states and U.S. Territories must enact UIFSA 2008 by January
1, 2016 in order to comply with the federal mandate. If UIFSA
2008 is not enacted, this will affect California's federal
funding and will prevent the United States from ratifying the
2007 Hague Convention.
According to the Department of Child Support Services, sponsor:
SB 646 will help ensure that a child gets the financial
support they need regardless of where they reside. The bill
synchronizes the provisions of UIFSA with the 2007 Hague
Convention, enabling international child support cases to move
forward upon ratification. Finally, the bill would protect
California from hundreds of millions of dollars in penalties
and ensure that California law does not pose any impediments
to the ability of the United States to ratify the treaty of
the Convention.
2.Clarifying and technical changes to the Uniform Interest Child
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Support Act 1996
The Uniform Interest Child Support Act (UIFSA) created a "one
order" system and a jurisdictional framework for parties and
states dealing with interstate support orders. The first
version mandated nationwide adoption. UIFSA was then updated in
2001 to provide clarification as issues arose once states were
operating under the 1996 version. In 2002, California
conditionally adopted UIFSA 2001. Operation was conditioned on
either the federal government mandating adoption of UIFSA 2001,
or California requesting a federal waiver to operate under that
version. Neither condition has been met, thus, California
continues to operate under UIFSA 1996. The 2008 updates that
this bill would incorporate those 2001 changes that the
California Legislature has already approved as well.
This bill would additionally provide for the redirection of
support payments when all parties have left the state that
issued the original order. This would arguably streamline
payment processing and ensure that child support payments are
forwarded to families more quickly. Finally, this bill would
clarify that a nonresident petitioner or respondent can fully
participate in a proceeding without being required to physically
be present through the use of telephonic, audiovisual, or any
other electronic means. This will allow parties to make
modifications to a support order when they have relocated to
another state without being subject to the expense of travel.
Importantly, this bill involves state child support system
funding. Staff notes that prior to the enactment of a uniform
system, courts struggled to enforce support orders over state
lines. Prior to 1950, obligors wishing to avoid support
payments could simply move out of state. To create a system
where children receive support regardless of where they reside,
the federal government has tied funding to the adoption of a
uniform system. The author writes, "failure to enact these
amendments by January 1, 2016, may result in California's loss
of federal funding, which accounts for approximately two-thirds
of the overall child support budget."
3.Would help better protect California children living abroad,
and international children living in California
The United States is a signatory and participated in negotiating
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the multilateral treaty produced at the 2007 Hague Convention.
This bill would provide the framework for the exchange of cases
between the United States and other parties to the Convention.
The Convention entered into force in January of 2013 following
ratification by Albania and Norway, and the European Union
became a party in 2014. Article Seven of UIFSA 2008 would apply
to support proceedings under the Convention once the treaty is
ratified by the United States. In order to ratify the treaty,
all states must first adopt UIFSA 2008.
Similar to how enactment of UIFSA 1996 enabled the collection of
child support across state lines, the adoption of Article Seven
would create a mechanism for the collection and disbursement of
child support in situations where one or both parties live
outside the United States in a Convention country, and would
give state courts the authority to enforce foreign support
orders for foreign nationals living in the United States.
Support : None known
Opposition : None known
HISTORY
Source : Department of Child Support Services
Related Pending Legislation : None known
Prior Legislation :
AB 2934 (Wayne, Chapter 349, Statutes of 2002) made substantive
and procedural amendments to the Uniform Family Support Act.
SB 568 (Sher, Chapter 194, Statutes of 1997) enacted the Uniform
Interstate Family Support Act.
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