Action Transmittal AT-94-01
Instructions for completing interstate forms
Program Instruction
January 28, 1994
ACTION TRANSMITTAL
OCSE-AT-94-01
TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT
PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND
OTHER INTERESTED INDIVIDUALS
SUBJECT: Instructions for completing standardized interstate
forms in cases involving a responding UIFSA State, and
instructions for using the interstate forms to request
support orders for prior periods.
ATTACHMENT: The above referenced instructions.
BACKGROUND: Federal regulations at 45 CFR 303.7 require the use of
standard interstate forms in interstate cases. These
standard forms were designed to provide uniformity and
clarity in interstate transactions.
The standard interstate forms were developed at a time
when all States had enacted the Uniform Reciprocal
Enforcement of Support Act (URESA) or a similar law.
Now, however, some States have adopted a new model
State law designed to replace URESA. This new law is
called the Uniform Interstate Family Support Act
(UIFSA). Below is a list of the States that have
enacted UIFSA so far and the date the new law is
effective in each State:
Arizona July 1, 1995
Arkansas March 12, 1993
Colorado January 1, 1995
Montana October 1, 1993
Nebraska January 1, 1994
Oregon July 1, 1994
Texas September 1, 1993
Washington July 1, 1994
The standard interstate forms must still be used, as
required by Federal regulations, in cases involving a
UIFSA State. However, if UIFSA is effective in the
responding State, both the initiating and responding
States must complete the forms somewhat differently
than in a URESA case. The attached instructions
explain these changes.
The Federal Office of Child Support Enforcement is
examining the standard interstate forms to determine
whether they need to be revised, or new forms
developed, to reflect UIFSA changes. In the interim,
the attached instructions explain how to use the
existing forms in cases where the responding State is
a UIFSA State.
Also attached are instructions for using the standard
interstate forms to request support orders for prior
periods. These instructions apply to both URESA and
UIFSA cases. In accordance with Federal policy, State
IV-D agencies must use guidelines in establishing and
modifying child support obligations. States may not,
as a federally-reimbursable IV-D function, establish
judgments solely for reimbursement of public
assistance, or enforce such judgments for prior
periods if they were established after March 22, 1993.
This policy was explained and clarified in
OCSE-AT-93-04 and OCSE-AT-93-08. The attached
instructions indicate how the interstate forms should
and should not be used in cases requesting support
orders for prior periods.
RELATED
REFERENCES: OCSE-AT-93-04; OCSE-AT-93-08; OCSE-PIQ-94-01.
INQUIRIES TO: ACF Regional Administrators
_________________________________
David Gray Ross
Deputy Director
Office of Child Support
Enforcement
INSTRUCTIONS FOR COMPLETING INTERSTATE FORMS IN CASES
WHERE THE RESPONDING STATE HAS IMPLEMENTED UIFSA
BACKGROUND
What is UIFSA?
In 1992, the National Conference of Commissioners on Uniform State
Laws (NCCUSL) substantially revised the Uniform Reciprocal
Enforcement of Support Act (URESA) and expanded it to form a new
model act governing the establishment and enforcement of child
support orders and the establishment of paternity in interstate
cases. Key provisions of the new model act, called the Uniform
Interstate Family Support Act (UIFSA), include:
183 One Controlling Order at One Time. UIFSA allows only one
support order between parties to be controlling at any given
point in time. This will help eliminate the confusion that can
result under URESA when multiple support orders, usually in
different amounts, govern the same parents and child.
183 One-State Processing. UIFSA includes a broad long-arm
jurisdiction provision which allows States to assert
jurisdiction over non-residents in child support matters and
should limit the need to involve multiple States in a case. It
also allows a wage withholding order/notice to be sent directly
to an out-of-State employer in a State that has enacted UIFSA.
183 Two-State Processing. UIFSA contains detailed provisions
governing a two-State process for cases in which long-arm
jurisdiction is inappropriate, including paternity
establishment; establishment and modification of support orders;
and enforcement of orders without possibility of modification.
Co-Existence of URESA and UIFSA
Several States have adopted UIFSA and many more States are
considering its enactment. As a result, some States are now using
UIFSA, rather than URESA, to process incoming interstate cases.
If your State still has URESA, the enactment of UIFSA in other States
does not affect your ability to enforce or modify support orders
issued in your State, regardless of whether the parties move out of
your State or the order is subsequently registered and modified by a
UIFSA State.
You can send interstate cases to a UIFSA State even if your State has
not enacted UIFSA. If, on the other hand, your State has enacted
UIFSA, tribunals in your State can still process cases referred by
States that have not enacted UIFSA.
Use of the Interstate Forms in Cases with a Responding UIFSA State
If you are sending a IV-D case to a State that uses UIFSA or you are
processing a case received from another State and your State uses
UIFSA, you must use the standard interstate forms as required by
Federal regulation. The forms may also be used in non-IV-D cases.
However, when the responding State is a UIFSA State, you should
complete the forms somewhat differently than in cases where the
responding State is a URESA State. The following instructions
explain these differences.
Use these instructions only in cases where the responding State uses
UIFSA. Except as noted in these instructions, complete the forms as
you have done in the past. (See previously issued instructions).
New Terminology: "Tribunal" vs. "Court"
Since URESA generally required that interstate cases be processed by
courts, certain portions of the interstate forms refer to the
"court". UIFSA uses the more general term "tribunal" in recognition
of the fact that many States have created administrative agencies to
establish, enforce, and modify child support orders. When you are
using the forms in a UIFSA case, read the term "court" to mean
"tribunal". For example, although the Uniform Support Petition is
designed to "respectfully show the court" needed information, this
form should also be used in UIFSA States that have tribunals other
than courts, such as administrative agencies.
INSTRUCTIONS FOR COMPLETING STANDARD INTERSTATE FORMS
WHEN SENDING A CASE TO A RESPONDING STATE THAT USES UIFSA
Below are instructions for completing the standard interstate forms
if you are sending a case to a responding State that uses UIFSA. The
instructions are divided into sections according to the type of
action requested.
No matter what action you are requesting, attach appropriate
documentation and complete any necessary forms, such as the Child
Support Enforcement Transmittal, Uniform Support Petition, Paternity
Affidavit or General Testimony, as you would for a URESA case except
as noted below. A responding UIFSA State does not need a completed
Certificate and Order form in order to work an incoming interstate
case.
You may still use the "General Testimony for URESA" form when sending
a case to a UIFSA State even though the form mentions URESA in its
title. When sending a case to a UIFSA State, you may cross out the
words "URESA" on the General Testimony form or any other form where
it appears.
To Request that a UIFSA State Establish Paternity:
Complete the Child Support Enforcement Transmittal as in a URESA case
except under section I, "Action Requested":
183 Check box #2 "Establishment of Paternity". Check box #13
"Other"; in the blank, write "UIFSA".
Complete the Uniform Support Petition as in a URESA case except under
section 1 which begins "This is a petition for":
183 Check the "Establishment of Paternity" box. Check the "Other"
box; in the blank, write "UIFSA".
To Request that a UIFSA State Establish a Support Order:
Complete the Child Support Enforcement Transmittal as in a URESA case
except under section I, "Action Requested":
183 Check box #3 "Establishment of Order". Check the appropriate
box(es) A,B,D, or E to indicate the type(s) of orders requested:
child support, spousal support (non-IV-D only), medical
coverage, or other costs. (Do not check box C to request an
order for unreimbursed public assistance in a IV-D case; see new
instructions for requesting support orders for prior periods).
Check box #13 "Other"; in the blank, write "UIFSA".
Complete the Uniform Support Petition as in a URESA case except under
section 1 which begins "This is a petition for":
183 Check the "Establishment of an Order" box. Check the
appropriate box(es) to indicate the type(s) of orders requested:
child support, spousal support (non-IV-D only), medical
coverage, or other costs. (Do not check the third box to
request an order for unreimbursed public assistance in a IV-D
case; see new instructions for requesting support orders for
prior periods). Check the "Other" box; in the blank, write
"UIFSA".
If the responding State uses UIFSA, do not request the establishment
of a new order if an order governing the same obligor and child(ren)
already exists, regardless of whether a URESA or UIFSA State issued
the order, unless: (1) there is more than one existing order, (2)
the obligor, obligee, and child have all moved out of the issuing
States, and (3) the parties have not filed written consent allowing
an issuing State to assert jurisdiction. You may, however, request
modification of an existing order (see instructions below).
Do not request the establishment of an order for unreimbursed public
assistance in IV-D cases. See new instructions for requesting
support orders for prior periods.
If you are requesting an order for costs, note that under UIFSA, if
an obligee prevails, a responding tribunal may assess against an
obligor filing fees, reasonable attorney's fees, other costs, and
necessary travel and other reasonable expenses incurred by the
obligee and the obligee's witnesses. However, if the obligor
petitions and prevails in an action, the tribunal may not assess
fees, costs, or expenses against the obligee, except as provided by
responding State law other than UIFSA.
To Request that a UIFSA State Modify its Own Existing Order:
Complete the Child Support Enforcement Transmittal as in a URESA case
except under section I, "Action Requested":
183 Check box #4 "Modification of Existing Responding State Order".
Check box #13 "Other"; in the blank, write "UIFSA".
Complete the Uniform Support Petition as in a URESA case except under
section 1 which begins "This is a petition for":
183 Check the "Modification of Existing Responding State Order" box.
Check the "Other" box; in the blank, write "UIFSA".
If more than one order exists governing the same obligor and
child(ren), do not ask a UIFSA State to modify its own existing order
unless that order has priority under UIFSA. UIFSA contains a
priority scheme for determining which order is recognized when
multiple orders exist. Under this scheme:
1. The order issued by a tribunal with continuing, exclusive
jurisdiction has priority. An issuing tribunal retains
continuing, exclusive jurisdiction as long as the issuing
State remains the residence of the obligor, obligee, or
child, or until all parties file written consent with the
tribunal allowing another State to modify the order.
2. If more than one issuing tribunal would have continuing,
exclusive jurisdiction, the order issued by the child's
current home State has priority.
3. If more than one tribunal would have continuing, exclusive
jurisdiction but there is no order in the child's current
home State, the most recently issued order has priority.
4. If no tribunal would have continuing, exclusive
jurisdiction, the responding State may issue a new support
order and it becomes the State of continuing, exclusive
jurisdiction.
Do not request a UIFSA State to modify its order if the obligor,
obligee, and child(ren) have all moved out of that State, or if the
parties have filed written consent with the issuing tribunal in that
State allowing another State to modify the order. Under such
circumstances, you may, however, request that another State modify
the order if certain conditions are met (see instructions below).
To Request that a UIFSA State Modify an Existing Order that it did
not Issue:
Complete the Child Support Enforcement Transmittal as in a URESA case
except under section I, "Action Requested":
183 Check box #8 "Registration of Foreign Support Order". Check box
#13 "Other"; in the blank, write "Registration for Modification;
Modification of Existing Order (UIFSA)".
Complete the Uniform Support Petition as in a URESA case except under
section 1 which begins "This is a petition for":
183 Check the "Registration of Foreign Support Order" box. Check
the "Other" box; in the blank, write "Registration for
Modification; Modification of Existing Order (UIFSA)".
The Petition must specify the grounds for modification.
If the responding State did not issue the order, it must first
register the order before it can adjust it. See section below
(called "To Request that a UIFSA State Register an Order") on
information and documents that you must send in order to request
registration.
If more than one order exists governing the same obligor and
child(ren), do not ask a UIFSA State to register and modify an
existing order unless that order has priority under UIFSA. UIFSA
contains a priority scheme for determining which order is recognized
when multiple orders exist. Under this scheme:
1. The order issued by a tribunal with continuing, exclusive
jurisdiction has priority. An issuing tribunal retains
continuing, exclusive jurisdiction as long as the issuing
State remains the residence of the obligor, obligee, or
child, or until all parties file written consent with the
tribunal allowing another State to modify the order.
2. If more than one issuing tribunal would have continuing,
exclusive jurisdiction, the order issued by the child's
current home State has priority.
3. If more than one tribunal would have continuing, exclusive
jurisdiction but there is no order in the child's current
home State, the most recently issued order has priority.
4. If no tribunal would have continuing, exclusive
jurisdiction, the responding State may issue a new support
order and it becomes the State of continuing, exclusive
jurisdiction.
IMPORTANT: Do not request a UIFSA State, other than the State that
issued the order, to modify an existing order unless you believe the
following conditions are met:
183 (1) The child(ren), obligee, and obligor do not live in the
State that issued the order. [If one of the parties still lives
in the State that issued the order, you can request that State
to modify its order (see section above called "To Request that a
UIFSA State Modify its Own Existing Order")]; (2) the party
seeking modification does not live in the responding State; and
(3) the responding State has personal jurisdiction over the
other party (the party not requesting modification).
OR
183 The responding State has personal jurisdiction over the obligor,
obligee, or child(ren), and the obligor and obligee have filed
written consent in the tribunal that issued the order providing
that the responding State may modify the support order and
assume continuing, exclusive jurisdiction over the order.
If the responding State is the location where both parties now live,
the case is a local enforcement case and should not be filed under
UIFSA. The new order is either de novo or a modification of an old
order registered under a law other than UIFSA.
To Request Income Withholding in a UIFSA State:
If the employer's State uses UIFSA, you may send a withholding
order/notice directly to the out-of-State employer. If you prefer,
you may still send a request for withholding in a IV-D case to the
IV-D central registry in a responding UIFSA State. Sending a
withholding order/notice directly to an employer is only allowed if
the employer's State has implemented UIFSA or if the State that is
implementing withholding has jurisdiction over the employer.
In a IV-D case, if the employer's State does not use UIFSA and your
State does not have jurisdiction over the employer under State law,
you must send a request, using standard interstate forms, to the IV-D
central registry in the employer's State.
If you are sending a withholding request to a IV-D central registry
in another State, complete the Child Support Enforcement Transmittal.
Under section I, "Action Requested", check box #5 "Income
Withholding". Specify the amount requested to be withheld. Attach a
copy of the support order and, if appropriate, a statement of
arrears. Attach any other documentation required by the responding
State. (See the Interstate Roster and Referral Guide).
To Request that a UIFSA State Enforce its Own Support Order:
Complete the Child Support Enforcement Transmittal as in a URESA case
except under section I, "Action Requested":
183 If you want enforcement of current support, check box #7
"Enforcement of Existing Order". If you want enforcement of
arrears, check box #6 "Collection of Arrears". Check box #13
"Other"; in the blank, write "UIFSA".
Complete the Uniform Support Petition as in a URESA case except under
section 1 which begins "This is a petition for":
183 If you want enforcement of current support, check the
"Enforcement of Existing Order" box. If you want enforcement of
arrears, check the "Collection of Arrearage" box. Check the
"Other" box; in the blank, write "UIFSA".
As long as the obligor, obligee, or child(ren) lives in the UIFSA
State that issued the order, that State can enforce the order. If
the obligor, obligee, and children no longer reside in an issuing
UIFSA State (or the parties have filed written consent with the
issuing tribunal allowing another State to modify the order):
183 Do not ask the UIFSA State to enforce current support under its
order if another UIFSA State has modified the order.
183 You may ask the UIFSA State to enforce current support under its
order if the order has not been modified by another UIFSA State.
183 Once another State modifies the order, the UIFSA State that
originally issued the order can still collect arrearages under
its original order, although it cannot collect current support
under its own original order after the effective date of the
modified order in the other State.
To Request that a UIFSA State Enforce an Order that it did not Issue:
Complete the Child Support Enforcement Transmittal as in a URESA case
except under section I, "Action Requested":
183 Check box #8 "Registration of Foreign Support Order". If you
want enforcement of current support, check box #7 "Enforcement
of Existing Order". If you want enforcement of arrears, check
box #6 "Collection of Arrears". Check box #13 "Other"; in the
blank, write "Registration for Enforcement Only; UIFSA".
Complete the Uniform Support Petition as in a URESA case except under
section 1 which begins "This is a petition for":
183 Check the "Registration of Foreign Support Order" box. If you
want enforcement of current support, check the "Enforcement of
Existing Order" box. If you want enforcement of arrears, check
the "Collection of Arrearage" box. Check the "Other" box; in
the blank, write "Registration for Enforcement Only (UIFSA)".
Since the responding UIFSA State did not issue the order, it may have
to register the order before it can enforce it. See section below
(called "To Request that a UIFSA State Register an Order") on
information and documents that you must send in order to request
registration.
Under UIFSA, registration allows the responding State to enforce the
existing order, but it does not allow the responding State to modify
the order as long as the obligor, obligee, or child(ren) live in the
State that issued the order (unless all parties file written consent
with the issuing tribunal).
If the responding State uses UIFSA, you may register a support order
for enforcement or register an income-withholding order for
enforcement via withholding. Registration of an income withholding
order may be advantageous if the obligor contests a withholding.
To Request that a UIFSA State Register an Order:
For Registration of a Child Support Order:
Complete the Child Support Enforcement Transmittal as in a URESA case
except under section I, "Action Requested":
183 Check box #8 "Registration of Foreign Support Order". Check box
#13 "Other"; in the blank, write "Registration for Enforcement
Only (UIFSA)" or "Registration for Modification (UIFSA)".
Complete the Uniform Support Petition as in a URESA case except under
section 1 which begins "This is a petition for":
183 Check the "Registration of Foreign Support Order" box. Check
the "Other" box; in the blank, write "Registration for
Enforcement Only (UIFSA)" or "Registration for Modification
(UIFSA)".
For Registration of a Income Withholding Order:
Complete the Child Support Enforcement Transmittal. Under section I,
"Action Requested":
183 Check box #13 "Other"; in the blank, write "Registration of
Income Withholding Order (UIFSA)".
Complete the Uniform Support Petition. Under section 1, which begins
"This is a petition for", and the section on page 2 beginning
"WHEREFORE, Plaintiff/Petitioner requests an order for":
183 Check the "Other" box; in the blank, write "Registration of
Income Withholding Order (UIFSA)".
For Registration of a Child Support Order OR Income Withholding
Order:
Attach the following information and documents:
183 A letter of transmittal requesting registration. The Child
Support Enforcement Transmittal will fulfill this requirement.
183 Two copies, including one certified copy, of all orders to be
registered, including any modification of an order.
183 A sworn statement by the party seeking registration (the Uniform
Support Petition will fulfill this requirement) or a certified
statement by the custodian of the records showing the amount of
any arrearage.
183 The name of the obligor and, if known: (i) the obligor's
address and social security number; and (ii) the name and
address of the obligor's employer and any other source of income
of the obligor; and (iii) a description and the location of
property of the obligor in the responding State not exempt from
execution.
183 The name and address of the obligee and, if applicable, the
agency or person to whom support payments are to be remitted.
The Child Support Enforcement Transmittal and the Uniform Support
Petition contain space for most of this information. However, there
is no space on the Transmittal or Petition specifically for the
obligor's income sources or description and location of property. To
include this information, you may either (1) include the information
on the Child Support Enforcement Transmittal in section VI
"Additional Case Information"; (2) check the "Comments Attached" box
near the bottom right hand corner on the second page of the Uniform
Support Petition and include the information on a separate sheet
attached to the Petition; or (3) include the information on the
General Testimony and attach that form.
INSTRUCTIONS FOR COMPLETING STANDARD INTERSTATE FORMS
WHEN RECEIVING AN INCOMING INTERSTATE CASE
IF YOUR STATE USES UIFSA
Below are instructions for completing the standard interstate forms
if your State uses UIFSA and is receiving a case from another State.
When completing the Child Support Enforcement Acknowledgment, in
section II "Acknowledgments" under Remarks/Response, write, "Our
State uses the Uniform Interstate Family Support Act (UIFSA). We
will process your case using UIFSA rather than URESA."
Continue to complete and return the Order Transmittal and Locate Data
Sheet as you have done in the past.
In a IV-D case, if the initiating State failed to complete the forms
using the instructions for UIFSA cases, or otherwise failed to note
on the forms that your State uses UIFSA rather than URESA, work the
case anyway to the extent possible; do not send the case back or
delay processing it.
If necessary documentation or information is missing, request it from
the initiating State and process the case to the extent possible
pending receipt of that documentation or information. For example,
UIFSA authorizes administrative enforcement without registration;
therefore a responding UIFSA State may be able to take enforcement
action even if the initiating State fails to send documentation
necessary for registration.
If the initiating State requested an action that your State cannot
take under UIFSA (such as establishment of an order when the
currently-effective order was issued by another State and one of the
parties still lives there), indicate in Section II "Acknowledgments"
of the Child Support Enforcement Acknowledgment, that you cannot take
the action and the reason why.
INSTRUCTIONS FOR USING THE STANDARD INTERSTATE FORMS
TO REQUEST SUPPORT ORDERS FOR PRIOR PERIODS
These instructions should be used in IV-D cases whether the
responding State uses the Uniform Interstate Family Support Act
(UIFSA) or the Uniform Reciprocal Enforcement of Support (URESA).
Background
States may establish child support awards covering a prior period,
but such awards must be based on guidelines and take into
consideration either the current earnings and income at the time the
order is set, or the obligor's earnings and income during the prior
period. The award of back support is not required under Federal
rules but may be appropriate in accordance with State law. Not all
States have authority to establish support orders for prior periods.
As indicated in OCSE-AT-93-04 and OCSE-AT-93-08, States may not, as a
federally-reimbursable IV-D function, establish judgments solely for
reimbursement of public assistance, or pursue enforcement of such
judgments established after March 22, 1993. States must use
guidelines as a rebuttable presumption, not the amount of
unreimbursed public assistance, in establishing all IV-D orders after
October 13, 1989. However, any support judgment for prior periods in
the amount of unreimbursed public assistance which was established
prior to March 22, 1993, may continue to be enforced and collected by
the State under the IV-D program.
In response to an initiating State's request to establish an order
for child support, including support for a prior period, in a IV-D
case, a responding State must seek to establish an order in
accordance with its child support guidelines. If State law permits
an award for a prior period, the IV-D agency should request an order
based upon information provided by the initiating State. The period
of time the family has received AFDC may be a relevant factor. In
addition, if the law of the responding State allows the State to
collect unpaid child support from a noncustodial parent once the
child has reached the age of majority, and it has statutory authority
to bring such actions at the request of and on behalf of other
States, then such services should be provided in interstate cases.
Below are instructions that an initiating State should use to request
that a responding State establish an award for child support for a
prior period in a IV-D case.
Instructions
On the Child Support Enforcement Transmittal, in section I, "Action
Requested":
183 Check box #3 "Establishment of Order" and box #3A "Child
Support".
183 To clarify the nature of your request, check box #13 "Other"
and, in the blank, write "Including support for a prior period"
if you are requesting current and back support, or write
"Support for a prior period" if you are requesting only back
support.
On the Uniform Support Petition:
183 In section 1, which begins "This is a petition for", check the
"Establishment of an Order" box and, to indicate the type of
order, the "Child Support" box.
183 In the section on page 2 beginning "WHEREFORE,
Plaintiff/Petitioner requests an order for", check the "Child
Support" box.
183 To clarify the nature of your request, under section 1 (which
begins "This is a petition for") and the section on page 2
beginning "WHEREFORE, Plaintiff/Petitioner requests an order
for", check the "Other" boxes. In the blanks, write "Including
support for a prior period" if you are requesting current and
back support, or write "Support for a prior period" if you are
requesting only back support.
DO NOT, on either form, check the box for "Establishment of Order for
Unreimbursed Public Assistance".
In addition, in section 7 on page 2 of the Uniform Support Petition,
which begins "Defendant/Respondent":
183 If you are requesting support for a prior period in addition to
current support, check box "b" and insert the words "and support
for a prior period" after "current support".
183 If you are only requesting support for a prior period, check box
"b" and cross out the word "current" in the sentence beside box
"b".
183 Do not check box "c". Do not specify an amount of unreimbursed
public assistance.[1]
When completing the General Testimony for URESA form, do not complete
Section VI called the "Plaintiff's/Petitioner's Public Assistance
Payment History" on page 4b. If you need to specify the period for
which support is sought or the period of time the family received
AFDC, you may do so under "Other" or "Comments Attached" in the
section beginning "WHEREFORE, Plaintiff/Petitioner requests an order
for" on page 2 of the Uniform Support Petition.
1. The responding State does not need to know an amount of
unreimbursed public assistance, but may need to know the period for
which support is sought, in order to establish an order for a prior
period in accordance with State law. If the custodial parent has
made an assignment of support rights to the initiating State, then
the initiating State can distribute collections accordingly.
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