Great Big Link to Everything

Out-of-state individuals who are receiving IV-D services from one state should be discouraged from directly contacting another state’s Central Registries or local IV-D agencies. Instructing a parent to do so is considered inappropriate. OCSE bases this interpretation of 45 CFR 303.7(c) as intending to foster an ongoing relationship between the initiating and responding agencies. The regulation never intended that the responding agency receive direct contact with the custodial party in the initiating State. The initiating agency bears the responsibility to keep the custodial parent apprised of significant actions taken in his or her case. Agencies should forward a parent’s question for response by the other state. OCSE AT 98-30 #57

Contest UIFSA Registration

A party can contest registration by requesting a hearing within 20 days after the date of mailing or personal service of notice of registration. A party challenges the validity or enforcement of the registered order by seeking to vacate registration; assert a defense to an allegation of noncompliance, contest remedy sought, or to challenge the arrearage. MCL 552.1623

A party challenging the validity or enforcement has the burden to prove at least one defense listed in MCL 552.1625(1). Failing to establish a defense requires confirmation of the order. MCL 552.1625(2)

A party may be precluded from relief because they failed to timely request a hearing (MCL 552.1623) or by failing to contest a matter that could have been asserted at the time of registration (or prior registration) per MCL 552.1625(3). If a matter was previously decided by another jurisdiction or if the party failed to previously assert a defense, a contest can also be precluded by res judicata.

Uncontested portions of an order are subject to enforcement MCL 552.1625(2)

Credit Payments

UIFSA (MCL 552.1235) and RURESA (MCL 780.171) both contain provisions that require amounts paid for a particular period under any support order issued by a state be credited against the amounts accruing or accrued for the same period under any support order issued by another state’s court.

Establishing New Orders – When Valid Orders Exist

If another state has issued a valid support order for a child, MI cannot issue a new order, or an order that contains support provisions. FFCCSOA 28 USC 1738B(a)(2) requires that appropriate authorities of each state not SEEK or MODIFY of a child support order made by a court of another State except in accordance with subsections (e), (f), and (i). MI does not have the option of issuing a new order. FFCCSOA requires registration and permits modification under limited circumstances in the state with jurisdiction over the nonmoving party. UIFSA MCL 552.1224(4) requires a tribunal to recognize the CEJ of another state's tribunal that issued an order. (The issuing state only loses CEJ when a responding state registers and modifies the order MCL 552.1635(3) .

Foreign Currency

Court Administrative Reference Guide 6-05 F(4)(n) -(CARG– Chapter 6) If possible accept only US currency. When foreign currency is accepted:

1) Prepare a separate deposit for [each] foreign checks, money orders and cash payment.

2) Do not receipt payments into a court's accounting records until after the bank has been contacted and an adjustment to U.S. currency has been made.

3) A friend of the court office should receipt the payments to a suspense account at foreign currency exchange amount. The suspense account is subsequently discounted or adjusted to U.S. currency when notification is received from the bank. A disbursement is then made to the recipient at the U.S. currency amount.

4) The court should maintain accounting records that properly control and provide an audit trail for the receipt and disbursement [and adjustment] of foreign funds.

5) Any bank charges for foreign deposits should be adjusted and charged to the payer's account or case.

OCSE – Foreign Currency Child Support Payments PIQ-03-04 - State SDUs must accept a foreign currency payment from an obligor in a foreign country. The two day SDU disbursement requirement is based on a receipt date when the converted (to US currency) amount comes to the SDU.

Foreign Order – Modification All Parties in MI

UIFSA contains provisions to make a support order for all intents and purposes, a MI order (MCL 552.1638). See Foreign Order – All Parties in MI document.

Forms

Federal Forms Matrix

Federally Required - OCSE

Notice of Registration (FOC 30)

Order Confirming (or Vacating) Registration (FOC 30a)

UIFSA Forms Matrix

Full Faith and Credit – Child Custody Determinations –FFCCSOA (28 USC 1738A)

Full Faith and Credit of Child Support Orders Act –FFCCSOA (28 USC 1738B)

Interstate Complaint Process – Local office to other state’s local (supervisor), local office to other state ICR, local office to MI state ICR to other state ICR, state IV-D director to other state IV-D director, and ultimately state IV-D office goes -federal regional office to federal regional office

OCS AT 2005-05 – Interstate Conflict Resolution

Interstate Roster and Referral Guide

International Child Support (OCSE International) Contact Index

Notice of Registration

Form

Service – method, place

Service of Notice of Registration – Personal service is not required – permissible to use regular mail. See servenoticeregistr.pdf for explanation.

Testimony Under UIFSA- MCL 552.1328 A state’s tribunal may permit testimony or deposition by electronic means at a designated tribunal or other location in that state, and a tribunal must cooperate with another state’s tribunal in designating an appropriate location. MCL 552.1203 A tribunal may receive evidence from another state using electronic means under section 328 or assisted discovery under section 332.

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