|SB 0553||Uniform Interstate Family Support Act|
|LR Number:||L1833.02I||Fiscal Note:||1833-02|
|Last Action:||01/10/96 - Hearing Conducted S Judiciary Committee|
|Effective Date:||January 1, 1997|
SB 553 - This act amends Chapter 454, RSMo, Enforcement of Support Law, by adding 53 new sections entitled the Uniform Interstate Family Support Act. The provisions of the Uniform law shall be effective on 1/1/97.
Article 1 - General Provisions (Sections 454.850 to 454.855) These sections define numerous key terms including "child support order", "home state", "initiating state", "responding state", "spousal support order", "support order", and "tribunal". Missouri courts and the Division of Child Support Enforcement are the "tribunals" of this state.
Article 2 - Jurisdiction (Sections 454.857 to 454.877) - Section 454.857 details eight ways in which Missouri can obtain extended personal jurisdiction over a nonresident, including if the nonresident "engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse".
Section 454.865 outlines when a Missouri tribunal can exercise jurisdiction in the event a support petition is filed in Missouri after a comparable petition is filed in another state. Section 454.867 addresses when a Missouri tribunal has "continuing, exclusive jurisdiction" over a child support order. Section 454.869 details when a Missouri tribunal can act as an initiating or responding tribunal to enforce or modify a support order. For purposes of "continuing, exclusive jurisdiction", Sections 454.871 to 454.877 explain what rules a Missouri tribunal should follow when one or more child support orders have been issued in Missouri or another state.
Article 3 - Civil Provisions of General Application (Sections 454.880 to 454.927):
- Section 454.800 states that Article 3 applies to all proceedings under this proposed Uniform law including establishing, enforcing, registering and modifying a spousal or child support order;
- Section 454.882 addresses when a guardian or minor parent can maintain a proceeding on behalf of a minor child;
- Section 454.855 outlines what law a responding tribunal must follow;
- Sections 454.887 and 454.920 detail the communications between initiating and responding tribunals;
- Section 454.890 addresses what a responding tribunal may do to establish, enforce or modify a support order;
- Sections 454.895 to 454.902 detail which services may be provided by the Division of Child Support Enforcement. Sections 454.905 and 454.907 identify the specific information that must be included in the petition for support;
- Section 454.910 addresses filing fees and the awarding of attorneys fees, costs and other reasonable fees;
- Section 454.912 addresses jurisdictional immunity;
- Section 454.917 states that the physical presence of the petitioner is not necessary to establish paternity or establish, enforce or modify a support order. This section also addresses the admissibility of certain documents, evidence and testimony; and
- Section 454.922 addresses several aspects of discovery.
Article 4 - Establishment of Support Order (Section 454.930) - This section addresses when a Missouri responding tribunal may issue a support order or temporary child support order.
Article 5 - Direct Enforcement of Order of Another State Without Registration (Sections 454.932 and 454.935) - Section 454.932 requires a Missouri employer to honor an income withholding order issued by another state even though no petition has been filed in Missouri and the order has not been registered with a Missouri tribunal. Section 454.935 requires the Division of Child Support Enforcement to enforce a support order issued by another state even though the order has not been registered in Missouri.
Article 6 - Enforcement and Modification of Support Order After Registration (Sections 454.937 to 454.965):
- Sections 454.937 to 454.945 address registering a support order or income withholding order issued by a tribunal of another state. Registration is complete when the order is filed with a Missouri tribunal. The law of the issuing state governs the nature, extent, amount and duration of payments under the order;
- Section 454.947 details what procedures the registering tribunal must follow regarding notifying the nonregistering party;
- Sections 454.950 to 454.955 address what a nonregistering party must do to contest the validity or enforcement of a support order registered in this state; and
- Sections 454.957 to 454.965 detail the criteria for registration, modification and enforcement of child support orders issued by another state. A Missouri tribunal may not modify any aspect of a child support order that may not be modified under the law of the issuing state.
Article 7 - Determination of Parentage (Section 454.967) - Missouri tribunals are directed to apply Missouri procedure and law regarding the determination of paternity.
Article 8 - Interstate Rendition (Sections 454.970 to
454.972) - Authorizes the Governor or executive authority to
demand the surrender or extradition of individuals who are
charged criminally in Missouri.