Also known as:Uniform Interstate Family Support Act · UIFSA
Written by attorneys · grounded in primary & secondary sources — see below
A uniform statute adopted by all states that establishes procedures for establishing, enforcing, and modifying child-support and spousal-support orders when parties reside in different states. The statute allocates continuing exclusive jurisdiction to the issuing tribunal under specified conditions and supplies multiple independent bases for personal jurisdiction over nonresidents.
Sources & Authorities· 9 primary sources
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Cases
Uniform Acts
Casebooks
Course Outlines
How it applies
Common Examples
3
Initiating Enforcement of Unmodified Order
Ursula Ung obtained a child-support order in State A. After the obligor moved to State B, Ursula asked the State A tribunal to act as an initiating tribunal. Because the State A order remained the controlling order and had not been modified by any other state that assumed jurisdiction under the Act, the State A tribunal could request enforcement of both the order and the full pre-existing arrears judgment in State B.
Duration Governed by Issuing State
Uma Upadhyay obtained a support order in State A, where emancipation occurs at age twenty-one. After the child turned eighteen and moved to State B, where emancipation occurs at age eighteen, the obligor sought termination. The order remained governed by State A law on duration, so the obligation continued until the child reached twenty-one.
Personal Jurisdiction via Service
Ulric Unger, a resident of State D, traveled to State A for a temporary construction project. While there he was personally served with a petition to establish paternity and support. The State A court could exercise personal jurisdiction over him because the conditions prescribed in the state's version of UIFSA section 201 were satisfied.
Common questions
Frequently Asked
4
Which state retains continuing exclusive jurisdiction to modify a child-support order after one parent relocates?+
The issuing state retains continuing exclusive jurisdiction so long as at least one party or the child still resides there. Once no individual party or the child resides in the issuing state and the parties have not consented in a record to continued jurisdiction, that state loses continuing exclusive jurisdiction and a new tribunal with proper jurisdiction may assume authority to modify.
Supporting sources
Does personal service on a nonresident during a brief visit confer personal jurisdiction in a UIFSA proceeding to establish support?
Yes. UIFSA section 201(a)(1) authorizes personal jurisdiction when the nonresident is personally served within the state. This basis operates independently of the other enumerated grounds and satisfies due process even when the visit is transient and the claim is unrelated to the presence.
Supporting sources
Which state's law governs the duration of a support obligation when an order issued in one state is registered for enforcement in another?+
The law of the issuing jurisdiction governs the nature and duration of the child-support obligation, including the age of emancipation. Registration for enforcement does not transfer control over substantive terms such as duration to the registering state.
Supporting sources
May a state that did not issue the original order modify it when the obligor now lives there but the obligee and child remain in the issuing state?+
No. The issuing state retains continuing exclusive jurisdiction while the obligee or child continues to reside there. The new state may enforce the order but may not modify it until the issuing state loses continuing exclusive jurisdiction.
Supporting sources
Family LawSeparation, divorce, dissolution, and annulment · Jurisdiction and recognition of decreesUBEFoundational