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over a nonresident, (Sections 210, 316-318), and may have the | | effect of amending local law in long-arm cases. |
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| | | (d) The choice-of-law rule for the interpretation of a | | registered order is that the law of the issuing State governs | | the underlying terms of the controlling support order. One | | important exception exists; if the registering and issuing | | State have different statutes of limitation for enforcement, | | the longer time limit applies, Section 604. |
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| | | 3. CONTINUING EXCLUSIVE JURISDICTION AND THE ONE-ORDER SYSTEM. | | Under URESA and RURESA the majority of support proceedings | | were de novo. Even when an existing order of one State was | | "registered" in a second State, the registering State often | | asserted the right to modify the registered order. This meant | | that multiple support orders could be in effect in several | | states. As far as is possible, under UIFSA the principle of | | continuing, exclusive jurisdiction aims to recognize that only | | one valid support order may be effective at any one time, | | Sections 205-207. This principle is carried out in Sections | | 203-211. |
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| | | 4. PRIVATE ATTORNEYS. UIFSA explicitly authorizes parties to | | retain private legal counsel in support proceedings, Section | | 309, as well as to use the services of a state support | | enforcement agency, Section 307(a). The Act expressly takes no | | position on whether the support enforcement agency's | | assistance of a supported family establishes an attorney- | | client relationship with the applicant, Section 307(c). |
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| | | 5. EFFICIENCY. UIFSA streamlines interstate proceedings as | | follows: |
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| | | (a) Proceedings may be initiated by or referred to | | administrative agencies rather than to courts in those states | | that use those agencies to establish support orders, Section | | 101(22). |
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| | | (b) Under the old system, the process began by requiring a | | local "initiating tribunal" to make a preliminary (and | | nonbinding) determination of a duty to support, and then | | forwarding the documents to a "responding tribunal" for a | | binding decision. Under UIFSA an individual party or support | | enforcement agency in the initiating State may file a | | proceeding directly in a tribunal in the responding State, | | Section 301. This innovation by UIFSA has proven to be a major | | contribution to efficient case management. In the unlikely | | event that some local action is needed, initiation of an | | interstate case in the initiating State is expressly made | | ministerial rather than a matter for adjudication or review by | | a tribunal. |
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