Sec. 3. Interstate and international child support payments

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

Section 466(f) (42 U.S.C. 666(f)) is amended to read as follows: In order to satisfy section 454(20)(A), on and after January 1, 2016, each State must have in effect the Uniform Interstate Family Support Act, as approved by the American Bar Association on February 9, 1993, and as in effect on October 1, 2008, including any amendments officially adopted as of such date by the National Conference of Commissioners on Uniform State Laws. . The amendments made by this subsection shall take effect on January 1, 2016. Section 1738B of title 28, United States Code, is amended— by striking subsection

(d)and inserting the following: Except as provided under paragraph (2), a court of a State that has made a child support order consistently with this section has continuing, exclusive jurisdiction to modify its order, if— the order is the controlling order; and the State— is the child’s State or the residence of any individual contestant; or the contestants consent in a record or open court that the court may continue to exercise jurisdiction to modify its order. A court may not exercise its continuing, exclusive jurisdiction to modify the order if the court of another State, acting in accordance with subsections

(e)and (f), has made a modification of the order. ; in subsection (e), by striking paragraph

(2)and inserting the following: the court of the other State no longer has continuing, exclusive jurisdiction of the child support order because that State no longer is the child’s State or the residence of any individual contestant and the parties have not consented in a record or open court that the court of the other State may continue to exercise jurisdiction to modify its order; or each individual contestant has filed written consent with the State of continuing, exclusive jurisdiction for a court of another State with jurisdiction over at least 1 of the individual contestants or that is located in the child’s State to modify the order and assume continuing, exclusive jurisdiction over the order. ; and in subsection (i), by inserting , unless the parties have consented in a record or open court that the court of the issuing State may continue to exercise jurisdiction to modify its order before the period. Section 452 ( 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: 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) ( 42 U.S.C. 653(k)(3) ) is amended by striking 452(l) and inserting 452(m) . Section 453(c) ( 42 U.S.C. 653(c) ) is amended— in paragraph (3), by striking and at the end; in paragraph (4), by striking the period at the end 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). . Section 454 ( 42 U.S.C. 654 ) is amended— in paragraph (4)(A)(ii), by inserting (except that, if the individual applying for such services resides in a foreign reciprocating country or foreign treaty country, the State may opt to require such individual to request such 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 the application) after the child ; and in paragraph (32)— in subparagraph (A), by inserting , a foreign treaty country, after foreign reciprocating country ; and in subparagraph (C), by striking or foreign obligee and inserting , a foreign treaty country, or foreign individual after foreign reciprocating country . Section 459A (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) (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 .

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