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Instructions for Completing Interstate Forms

DCL-94-24

Published: April 11, 1994
Information About:
State/Local Child Support Agencies
Topics:
Intergovernmental/Interstate
Types:
Policy, Dear Colleague Letters (DCL)
Tags:
UIFSA

April 11, 1994                           DC-94-24

TO ALL STATE IV-D DIRECTORS

Dear Colleague:

OCSE-AT-94-01, issued January 28, 1994, provided instructions for
completing standardized interstate forms in cases involving a
responding State that has implemented UIFSA (the Uniform Interstate
Family Support Act).  Page 7 contained instructions for requesting
income withholding in a UIFSA State.  As the instructions noted,
UIFSA contains a provision (section 501) allowing a IV-D agency to
send a withholding order/notice directly to an out-of-State employer
if the employer's State uses UIFSA.

However, as of this writing, at least one UIFSA State, Montana, did
not adopt the direct withholding provision of UIFSA.  South Dakota
has also adopted UIFSA without the direct withholding provision,
although its UIFSA law is not effective until July 1, 1994.  As other
States adopt UIFSA, some of them may also choose not to implement the
direct withholding provision.  A IV-D agency should not send a
withholding order directly to an employer in a UIFSA State if that
State did not enact section 501 of UIFSA (or a similar provision)
unless the IV-D agency's State has long-arm jurisdiction in the case. 
Instead, under such circumstances, the initiating IV-D agency must
send an interstate wage withholding request to the responding IV-D
agency's central registry.  Before sending a withholding notice/order
directly to an out-of-State employer in a UIFSA State, the requesting
State may want to contact the IV-D central registry in the employer's
State to determine whether the State enacted UIFSA's direct
withholding provision or a similar law.

                                  Sincerely,
 

                                  David Gray Ross
                                  Deputy Director
                                  Office of Child Support Enforcement

cc:  ACF Regional Administrators
     Assistant Regional Administrators for Family Security
     Child Support Enforcement Program Managers, Regions I - X