Sec. 101. Compliance with multilateral child support conventions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

T o ensure compliance with multilateral child support convention Section 452 of the Social Security Act ( 42 U.S.C. 652 ) is amended— by redesignating the second subsection

(l)(as added by section 7306 of Public Law 109–171 ) as subsection (m); and by adding at the end the following: T o ensure compliance with multilateral child support convention Consistent with the national policy of the United States to fully comply with the obligations of any multilateral child support convention to which the United States is a party, the Secretary shall utilize Federal and, as appropriate, State enforcement mechanisms in furtherance of this policy and take such steps as may be necessary within the Secretary’s authority to ensure compliance with the United States treaty obligations under such convention in the event the Secretary determines that a State plan does not comply with such obligations. . Section 453(k)(3) of the Social Security Act (42 U.S.C. 653(k)(3)) is amended by striking 452(l) and inserting 452(m) . Section 453(c) of the Social Security Act ( 42 U.S.C. 653(c) ) is amended— by striking and at the end of paragraph (3); by striking the period at the end of paragraph

(4)and inserting ; and ; and by adding at the end the following: an entity designated as a Central Authority for child support enforcement in a foreign reciprocating country or a foreign treaty country for purposes specified in section 459A(c)(2). . T o require individuals in foreign countries T o apply through their country's appropriate central authority Section 454 of the Social Security Act ( 42 U.S.C. 654 ) is amended— in paragraph (4)(A)(ii), by inserting before the semicolon (except that, if the individual applying for the services resides in a foreign reciprocating country or foreign treaty country, the State may opt to require the individual to request the services through the Central Authority for child support enforcement in the foreign reciprocating country or the foreign treaty country, and if the individual resides in a foreign country that is not a foreign reciprocating country or a foreign treaty country, a State may accept or reject the application) ; and in paragraph (32)— in subparagraph (A), by inserting , a foreign treaty country, after a foreign reciprocating country ; and in subparagraph (C), by striking or foreign obligee and inserting , foreign treaty country, or foreign individual . Section 459A of the Social Security Act ( 42 U.S.C. 659a ) is amended— in subsection (c)— in the matter preceding paragraph (1), by striking foreign countries that are the subject of a declaration under this section and inserting foreign reciprocating countries or foreign treaty countries ; and in paragraph (2), by inserting and foreign treaty countries after foreign reciprocating countries ; in subsection (d), by striking the subject of a declaration pursuant to subsection

(a)and inserting foreign reciprocating countries or foreign treaty countries ; and by adding at the end the following: In this part: The term foreign reciprocating country means a foreign country (or political subdivision thereof) with respect to which the Secretary has made a declaration pursuant to subsection (a). The term foreign treaty country means a foreign country for which the 2007 Family Maintenance Convention is in force. The term 2007 Family Maintenance Convention means the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance. . Section 464(a)(2)(A) of the Social Security Act ( 42 U.S.C. 664(a)(2)(A) ) is amended by striking under section 454(4)(A)(ii) and inserting under paragraph (4)(A)(ii) or

(32)of section 454 . UIFSA ) Section 466(f) ( 42 U.S.C. 666(f) ) is amended— by striking on and after January 1, 1998, ; by striking and as in effect on August 22, 1996, ; and by striking adopted as of such date and inserting adopted as of September 30, 2008 . Section 1738B of title 28, United States Code, is amended— in subsection (b)— by inserting

(1)before Child .—The term ; child by striking and all that follows through child's State a child resides. ; by inserting

(2)before Child's home State .—The term ; child's home State by inserting after paragraph (2), as designated by subparagraph (C), the following: The term child's State means the State in which a child resides. ; by inserting

(4)before Child support .—The term ; child support by inserting

(5)before Child support order .—The term ; child support order by inserting

(6)before Contestant .—The term ; contestant by striking and all that follows through court means modification of a child support order. ; by inserting

(7)before Modification .—The term ; modification by inserting

(8)before State .—The term ; and State by adding at the end the following: The term tribunal means a court or administrative agency of a State that is authorized by State law to establish the amount of child support payable by a contestant or make a modification of a child support order. ; by striking court each place it appears except subsection (b)(9), as added by paragraph

(1)of this section, and inserting tribunal ; by striking courts each place it appears and inserting tribunals ; in subsection (c)(1), by striking subsections (e), (f), and

(g)and inserting this section ; by striking subsection (i); by redesignating subsections (e), (f), (g), and

(h)as subsections (f), (g), (h), and (i), respectively; by striking subsection

(d)and inserting the following: A tribunal of a State that has made a child support order consistently with this section has continuing, exclusive jurisdiction to modify the order if— the order is the controlling order, as determined under subsection (g); and the State is the child's State or the residence of any individual contestant; or the contestants provide consent (by providing consent in a record or in a hearing) for the tribunal to continue to exercise jurisdiction to modify the order. A tribunal of a State that has made a child support order may not exercise continuing, exclusive jurisdiction to modify the order if— each individual contestant files a consent in a record with the issuing tribunal stating that a tribunal of another State (which has jurisdiction of at least 1 of the individual contestants or that is a tribunal of the State of the residence of the child) may modify the order and assume continuing, exclusive jurisdiction; or the order is not the controlling order, as determined under subsection (g). ; in subsection (f), as redesignated by paragraph

(6)of this section— in paragraph (1), by striking subsection

(i)and inserting subsection

(j); and in paragraph (2)— in subparagraph (A), by inserting and the contestants have not provided consent (by providing consent in a record or in a hearing) for the tribunal of the other State to continue to exercise jurisdiction to modify the order before the semicolon; and in subparagraph (B), by inserting with jurisdiction of at least 1 of the individual contestants or that is a tribunal of the State of the residence of the child after of another State ; in subsection (g), as redesignated by paragraph

(6)of this section— in the subsection heading, by striking and inserting Recognition of child support orders ; Determination of controlling child support order in the matter preceding paragraph (1), by striking to recognize for purposes of continuing, exclusive jurisdiction and enforcement and inserting is the controlling order and shall be recognized ; and by striking must be recognized each place it appears and inserting is the controlling order ; in subsection (h), as redesignated by paragraph

(6)of this section, by striking subsections

(e)and

(f)and inserting subsections

(f)and

(g); in subsection (i), as redesignated by paragraph

(6)of this section— in paragraph (1), by inserting or collect arrears and interest due on a child support order after enforce a child support order ; by striking paragraph

(2)and inserting the following: A tribunal shall apply the law of the State of the tribunal that issued a child support order registered in the State of the tribunal with regard to— the nature, extent, amount, and duration of current payments under the child support order; the computation and payment of arrears and accrual of interest on arrears under the child support order; and the existence and satisfaction of other obligations under the child support order. ; in paragraph (3), by striking child support order, a and inserting child support order registered in the State of a tribunal, the ; and by adding at the end the following: After a tribunal determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal shall apply the law of the State of the tribunal that issued the controlling order (including the law of the State relating to interest on arrears)— for support paid after the date of the order consolidating arrears; and relating to consolidated arrears. ; and by adding at the end the following: A tribunal may modify a child support order issued in another State which has been registered in the State of the tribunal if, after notice and hearing, the tribunal finds— that— no individual contestant or child resides in the State of the tribunal issuing the child support order; the individual contestant seeking to modify, or to modify and enforce, a child support order issued in another State does not reside in the State in which the registering tribunal is located; and the tribunal of the State in which the child support order has been registered has personal jurisdiction of the parties not seeking to modify, or modify and enforce, the child support order; that the State in which the child support order has been registered— is the residence of the child; or has personal jurisdiction of an individual contestant; and each individual contestant has filed a consent in a record with the issuing tribunal for a tribunal in the registering State to modify the support order and assume continuing, exclusive jurisdiction; or that all of the individual contestants reside in the State in which the registering tribunal is located and the child does not reside in the issuing State. A tribunal may not modify any term of a child support order that may not be modified under the law of the issuing State, including the duration of the obligation of support. If 2 or more tribunals have issued child support orders for the same obligor and same child, the law of the State of the tribunal issuing the controlling order, as determined under subsection (g), establishes the terms of the child support order which are not modifiable. In a proceeding to modify a child support order, the law of the State of the tribunal that issued the initial controlling order, as determined under subsection (g), governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that controlling order precludes a tribunal of another State from imposing a further obligation of child support on the obligor. Notwithstanding paragraph (1), a tribunal in the issuing State retains jurisdiction to modify an order issued in that State if— 1 party resides in another State; and the other party resides outside of the United States. .

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