On this 16th day of July 2002 the National Council of Child Support Directors resolves that:
* Congress should amend section 466(f) of the Social Security Act to require every state to enact the 2001 version of UIFSA by October 1, 2004, or by the end of the first full quarter after the end of the first legislative session begun after the congressional amendment, whichever is later.
* The Secretary of Health and Human Services, pending such congressional action, should use current law, including any existing exemption authority, to exempt States that have passed the 2001 amendments to UIFSA from the current state plan requirement regarding passage of the 1996 version of UIFSA. If the state has adopted the 2001 amendments verbatim, OCSE should provide an expedited automatic exemption based on the state's enactment.
* Congress should also make minor amendments to the Full Faith and Credit for Child Support Orders Act (FFCCSOA) to ensure that the two Acts are consistent.
Background
In 1996, Congress mandated that every state adopt the 1996 version of UIFSA. In so doing, it insured that every state would have the same basic laws for handling interstate and international cases, greatly improving states' ability to process such cases.
In 2000 the child support community requested that NCCUSL review the Act for potential amendments. A drafting committee met in March 2001. The committee considered suggested revisions received from various individuals and groups, including state IV-D directors. The results of those deliberations were substantive and procedural amendments that were approved by NCCUSL at its annual meeting in August, 2001. The amendments do not change the overriding goal of UIFSA to reach a "one-order" world. Rather, they address issues that have arisen in case law or the implementation of the Act.
Among the most significant changes are the following:
* increased emphasis on the necessity of determining the controlling order when there are multiple support orders
* a requirement that the tribunal determine arrears under existing orders, in conjunction with a determination of the order that controls prospective current support
* a new basis for modification jurisdiction - the 2001 Amendments allow an issuing tribunal to modify an order, even if no one resides in the state, if both parties consent to the exercise of jurisdiction. This change will allow the same tribunal to retain issues over spousal support, property settlement, and child support if the parties so desire.
* more direction regarding international support cases
* clarification regarding choice of law on interest rates and duration of support
* the requirement of telephone hearings if requested by an out-of-state party.
The National Council of Child Support Directors (NCCSD) believes that the changes in UIFSA 2001 are important and necessary to improve the processing of interstate child support cases. Current law (466(f) of the Social Security Act), for uniformity purposes, prohibits a state from having a version of UIFSA other than the 1996 version of the Act, or risk the loss of federal program funding. Only Congress can amend the law to require all states to pass the 2001 amended version of UIFSA in order to improve interstate child support collections in a uniform fashion.
Two states (Washington and West Virginia) have enacted the UIFSA 2001. Others would like to do so but are concerned that adopting the revised UIFSA violates current law which requires states to have the 1996 version. While the Department of Health and Human Services (HHS) has established a process for granting waivers to states wishing to adopt the new version, this is a cumbersome and time-consuming process.
In order to ensure that there continues to be a uniform Act governing interstate child support cases, it is crucial that all states enact the 2001 amended UIFSA. Ironically, the same legislation that created the important current uniformity is now preventing states' enactment of the approved amendments to UIFSA. States that do so will be out of compliance with the current Federal requirement to have in effect the 1996 UIFSA.
NCCSD believes that the 2001 amendments improve interstate case processing. They represent the input of practitioners who daily prepare, litigate, and resolve interstate support cases. NCCSD urges Congress to include a mandate that states enact UIFSA, as officially adopted by NCCUSL in August 2001 and approved by the American Bar Association, as a condition of receiving federal funds. As the specifications for TANF Reauthorization legislation are drafted, NCCSD believes this is an opportunity to also include a provision in the child support section to mandate that states adopt the updated version of UIFSA. Without a change in federal law, state enactment of UIFSA (2001) will be discretionary, defeating the law's original purpose of ensuring that all interstate cases are handled under a similar statutory framework.