This topic contains information on the following:
The agency designated by a foreign government to facilitate support establishment and enforcement in case involving residents of the US.
The individual (whether over or under the age of majority) who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order that is directed to the parent.
A support order for a child, including a child who has attained the age of majority under the law of the issuing state.
The concept by which the tribunal with the controlling order and jurisdiction over at least one (1) party can make decisions regarding current and future child support.
The order that is enforceable. Under UIFSA, only one (1) controlling order exists.
The Convention on the International Recovery of Child Support and other Forms of Family Maintenance, which was concluded at The Hague on November 23, 2007.
An obligation imposed by law to provide support for a child or spouse in conjunction with an order for child support. The definition of support can include an obligation that is or can be imposed by law to provide health care, interest, and attorney fees.
A country, including a political subdivision other than the US, that authorizes the issuance of support orders and:
A support order of a foreign tribunal.
The court or administrative entity or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. (This includes a competent authority under the Convention.)
The federal law enacted in October 1994 that requires all states to recognize support orders issued by other states (whether temporary or permanent), including paternity orders. It provides for the order to be enforced verbatim and prohibits modification unless specific jurisdictional requirements are met.
The state or foreign country where the child lived with a parent or a person acting as the parent for at least six (6) consecutive months preceding the time when a petition for child support was filed. If the child is less than six (6) months of age, it is the state or foreign country where the child has lived with any of them (since its birth).
Includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.
An order or other legal process directed to an obligor’s employer, other debtor, or payor to withhold support from the income of the obligor.
A state or tribal IV-D agency or an agency in a foreign country where an individual has applied for or is receiving child support services.
The tribunal of a state or foreign county from which a petition or comparable pleading is forwarded.
A CSS case in which the noncustodial parent (NCP) lives and/or works in a different jurisdiction than the custodial parent (CP), and the case has been referred by an initiating agency to a responding agency for services. An intergovernmental case can include any combination of referrals between states, tribes and countries; it can also be a case in which a state is seeking only to collect arrearages, whether owed to the family or assigned to the state.
A case in which the parties reside or work in different states, and the case has been referred by an initiating state to a responding state for services. An interstate case also can be a case in which a state is seeking only to collect arrearages, whether owed to the family or assigned to the state. (CSS cases with direct income withholding and long arm actions in effect ARE NOT considered interstate cases.)
The state where an tribunal issues a support order and/or a judgment that determines parentage.
The tribunal of a state or foreign country that issues a support order or renders a judgment that determines parentage.
Includes decisional and statutory law and rules and regulations having the force of law.
Services one state can request of another state to assist the requesting state's ability to process the case.
An obligee can be one of the following:
1. An individual who is owed (or is alleged to be owed) a duty of support, or in whose favor a support order has been issued or a judgment that determines parentage of a child has been issued;
2. A foreign country, state, or political subdivision of a state to which the rights to support have been assigned; or
3. An individual who is seeking a judgment to determine the parentage of his/her child; or
An obligor can be one of the following:
1. An individual who owes a duty of support;
2. An individual who is alleged but has not been adjudicated to be a parent of a child; or
3. An individual who is liable under a support order.
The exercise of a state's jurisdiction over a non-resident parent in accordance with the long-arm provision of UIFSA.
To file in a tribunal of this state a support order or judgment that determines parentage of a child issued in another state or foreign country.
The state that receives pleadings or a request for services from the initiating state or foreign country to take an action for a case. The responding state can provide limited services or the full range of services as in a two-state case.
A support order for a spouse or former spouse of the obligor.
A state of the United States or the District of Columbia, Puerto Rico, the US Virgin Islands, or any other territory or possession subject to the jurisdiction of the US. The term also includes an Indian tribe or a foreign jurisdiction that has enacted a law or established procedures for the issuance and enforcement of support orders that are similar to UIFSA, URESA or RURESA.
A public governmental entity or private agency authorized to establish, enforce, or modify child support orders, file actions to determine parentage, or locate obligors and/or obligor's assets in fulfilling the aforementioned duties.
A judgment, decree, order, decision, or directive (whether temporary or final) that is issued in a state or foreign country for the benefit of a child, spouse, or former spouse which provides for monetary support, health care, arrearages, or reimbursement. It can include related costs and fees, interests, income withholding, attorney's fees, and other relief.
A court, administrative agency, or quasi-judicial entity that is authorized to establish, enforce, or modify support orders or to determine parentage. For matters heard in North Carolina, tribunal means the General Court of Justice, District Court Division.
The Personal Responsibility Work Opportunity Act of 1996 mandated that all states adopt this Act to replace URESA. Some of the highlights of the Act include the concepts of controlling order, continuous exclusive jurisdiction, long-arm jurisdiction, and direct income withholding.
For many years, interstate child support enforcement was subject to provisions of the Uniform Reciprocal Enforcement of Support Act (URESA) or the Revised Uniform Reciprocal Enforcement of Support Act (RURESA). In 1993, states began to adopt the Uniform Interstate Family Support Act (UIFSA), which was designed to solve the problems created under URESA.
Because no federal mandate requiring states to adopt UIFSA existed, Congress passed the Full Faith and Credit for Child Support Orders Act (FFCCSOA) in 1994, which required states to recognize that one order governs a case for current and prospective enforcement until that order is appropriately modified.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) required that all states have UIFSA in effect by January 1998 in order to receive federal funding. UIFSA became effective in North Carolina on January 1, 1996.
Effective June 2015, NC adopted UIFSA 2008, which implements The Hague Convention, addresses international case processing, and builds on the changes addressed in UIFSA 2001.
To ensure that the safety of case participants is properly protected, Information regarding domestic violence situations must be documented and managed carefully in both initiating and responding intergovernmental cases.
During the initial interview with the custodial parent (CP) and periodically thereafter as appropriate, CSS caseworkers should ask if any concerns exist regarding domestic violence related to the parties in the case. They should request that the CP provide as much documentation of the circumstances as possible, including such things as a court order, police or medical report, etc.
Caseworkers should indicate the CP’s response in ACTS and document any relevant information in the case history.
The completion of the Custodian Address Memorandum document is not required if a child support order is not being pursued through North Carolina courts, because the law regarding the inclusion of an address in child support orders does not apply to orders of other states. If the CP indicates that concerns exist regarding domestic violence, CSS must advise the other state of this information and ask that the other state take appropriate actions to protect the personal safety of the CP and child(ren).
When the NC CSS Central Registry receives a request from another state to establish or enforce a support order, they enter coding in ACTS to reflect the information that the initiating state provided. If the initiating state indicates that domestic violence is an issue, the NC CSS Central Registry reviews the information that they have received and, if appropriate, requests additional information in the acknowledgment to the initiating state.
If information is requested but not received, the local CSS agency sends a second request to the initiating state and proceeds to take all appropriate actions for the case. The case cannot be closed on the basis that this information has not been received.
If the issue of the inclusion of a CP's or child's address in a court order arises when NC is enforcing another state's order, the CSS agency attorney should advise the court of any reported domestic violence concerns and request that personal information not be released, since NCGS 110-136.3 applies only to NC court orders.
If the issue of the inclusion of a CP's or child's address in a court order arises when NC has been asked to enter a new order or enforce an existing NC order, the CSS agency attorney should advise the court of any reported domestic violence concerns, that the request for services is from another state, and request that personal information not be released under the provisions of NCGS 110-136.3.
In any intergovernmental case, if the court intends to require that a CP's or child's address be included in a support order, it might be appropriate to ask that the case be continued so that additional information pertaining to domestic violence can be requested from the initiating state.
For questions or clarification on any of the policy contained in these manuals, please contact your local county office.