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FATHERS’ RIGHTS
NOT JUST EVERY OTHER WEEKEND

This is about fathers' rights law, and protecting the best interests of your children. It provides information, news and comments on laws, cases and strategies for life as a single father and winning your custody, access or child support case.

Archive for October, 2004

One Order, One Place, One Time

Tuesday, October 26th, 2004

UIFSA works together with FFCCOA to created one controlling support order for alimony and child support — one order, one time, one place.

To accomplish this, UIFSA establishes priorities to determine which state has continuing exclusive jurisdiction over a support order.

The state with continuing exclusive jurisdiction is the only state that can modify a support order.

Full Faith and Credit

Tuesday, October 26th, 2004

Although there is a full faith and credit clause in the United States Constitution, 28 U.S.C. 1738, it was not clear that one state’s child support order is enforceable by another state. And even after UIFSA was enacted, parties continued to jump from state to state to try to pay less child support or avoid paying child support.

So Congress enacted the Full Faith and Credit for Child Support Orders Act (“FFCCSOA), 28 U.S.C. 1738B. The law requires that all states territories give full faith and credit to child support orders of sister states as long as the sister state properly exercised jurisdiction over the parties and the subject matter.

Sunday, October 24th, 2004


Happy Halloween Posted by Hello

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UIFSA-Interstate Child Support Law

Sunday, October 24th, 2004

All states were required to adopt the Uniform Interstate Family Support Act (“UIFSA”) when President Clinton signed the Welfare Reform Act on August 22, 1996.

UIFSA replaced URESA and RURESA . The old statutes allowed a parent to move to another state and have the new state reduce his or her child support. UIFSA provides that the state where the original divorce was obtained will have continuing exclusive jurisdiction over child support.

If both parents leave the original state of divorce, and you are a father seeking modification of child support, you must go to the mother’s state to ask the court for modification, and vice versa.

Wage Withholding Orders

Wednesday, October 13th, 2004

There is a standard form for wage withholding orders that are sent to employers for child support obligations. It is called an Order/Notice to Withhold Income for Child Support.

It is a federal form adopted by Section 324 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996; 42 U.S.C. 652(a)(11) and 654(9)(E).

You can download the form for free:

  • here in PDF format
  • here in Word 95 format

Instructions are here in PDF format.

Hague Convention Defenses

Saturday, October 2nd, 2004

These are the defenses that your spouse can raise under the Hague Convention:



Custody Rights Defenses

  • You did not have custody rights.
  • You were not actually exercising your custody rights at the time of removal.

Wrongful Removal or Retention Defenses

  • You agreed to the removal.
  • You acquiesced later to the removal.

    Defenses Related to Child

    • The Grave Risk Defense. There is a grave risk that his or her return would expose the child to physical or psychological harm or other place the child in an intolerable situation.
    • The child objects and has attained an appropriate age and maturity.
    • The child has been integrated into his community and environment for over a year.

    Returning the Children

    Friday, October 1st, 2004

    If your children have been abducted unlawfully from the U.S. to another country that has signed the Hague Convention, you file two originals of an Application for each child with the State Department or the central authority of the other country. Here are the instructions. Be sure to sign and date the applications.

    Fax your completed Hague application to CA/OCS/CI, fax number 202-736-9133. Send originals and supporting documents by mail, express mail, or courier service to:

    Department of State

    Office of Children’s Issues, SA-29

    U.S. Department of State

    2201 C Street, NW

    Washington, DC 20520

    The State Department will then transmit the Application to the central authority of the country where the child is believed to be. The central authority of that country is to take all appropriate measures to obtain the voluntary return of the child.

    The courts and administrative agencies are required to act expeditiously in proceedings for return of the child.

    The One Year Rule

    • If it has been less than one year since the abduction, the authority shall order the child returned forthwith.
    • If it has been more than one year, the authority shall order the child returned, unless it is demonstrated that the child is now settled in the new environment.

    Therefore, file your action within one year to eliminate the second option. You must file a lawsuit action within the year, not just your application. In retention cases, the year starts when the child is unlawfully detained. So if you gave your spouse permission to take the children to visit her parents in Spain for a month, and she does not return, the year starts at the end of the month.

    Next: Defenses to Returning the Children

    Enforcing the Hague Convention

    Friday, October 1st, 2004

    Central Authority. Each country creates a central authority to enforce the Hague Convention. The State Department is the central authority in the United States. Central authorities are to cooperate with each other to secure in the prompt return of children, and in particular to:

    • discover the whereabouts of an abducted child.
    • take provisional measures to prevent further harm to the child or prejudice to the interest parties.
    • secure a voluntary return of the child or amicable resolution.
    • exchange information about the child.
    • provide legal information.
    • take legal action to return the child and organize or secure access.
    • provide legal aid in advice, including legal counsel and advisers.
    • provide administrative arrangements to return the child.
    • keep each other informed and eliminate obstacles to application of the Convention.

    Next: How to Get Your Child Back

     
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