DATE: April 13, 2015
TO: State Agencies Administering Child Support Enforcement Plan under Title IV-D of the Social Security Act and Other Interested Parties
SUBJECT: Uniform Interstate Family Support Act (2008) and Hague Treaty Provisions
As described in AT-14-11, P.L. 113-183, the Preventing Sex Trafficking and Strengthening Families Act, requires all states to enact any amendments to the Uniform Interstate Family Support Act “officially adopted as of September 30, 2008 by the National Conference of Commissioners on Uniform State Laws” (referred to as UIFSA 2008). The UIFSA 2008 amendments integrate the appropriate provisions of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, referred to as the treaty.
P.L. 113-183 requires that UIFSA 2008 must be in effect in every state “no later than the effective date of laws enacted by the legislature of the State implementing such paragraph, but in no event later than the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act.” If a state has a 2-year legislative session, “each year of the session shall be deemed to be a separate regular session of the State legislature.”
Recent legislative discussions and questions about the treaty have raised several questions we would like to clarify in this document. This document is divided into three sections:
Section I Treaty Provisions and Requirements
Section II United States Involvement in the Development of the Treaty
Section III Treaty Countries and the Process for Ratification
SECTION I: TREATY PROVISIONS AND REQUIREMENTS
How will the treaty help U.S. children?
Why did Congress support this treaty?
Under the treaty, must a state enforce any support order that is transmitted from another treaty country?
Why is the treaty being implemented by state law?
Does implementation of the treaty open federal databases to foreign countries?
How do UIFSA 2008 and the treaty differ from current law?
While much of the treaty is based on the prior versions of UIFSA, the treaty differs from current state law in the following ways:
SECTION II: UNITED STATES INVOLVEMENT IN THE DEVELOPMENT OF THE TREATY
Who served on the United States delegation for the treaty negotiations?
Why has the U.S. previously been unable to join a multilateral child support treaty?
Why did the United States participate in treaty negotiations?
SECTION III: TREATY COUNTRIES AND THE PROCESS FOR RATIFICATION
What countries have ratified the treaty?
Can any country join the treaty?
What steps occurred after the conclusion of treaty negotiations?
How will the treaty be implemented within the United States?
INQUIRIES: Please contact your OCSE Regional Program Manager.
Office of Child Support Enforcement
cc: Tribal IV-D Directors
ACF/OCSE Regional Program Managers