DCL-08-41, Uniform Interstate Family Support Act 2008

DEAR COLLEAGUE LETTER

DCL-08-41

DATE: November 12, 2008

TO: ALL STATE IV-D DIRECTORS

SUBJECT:Uniform Interstate Family Support Act 2008

Dear Colleague:

In July 2008, the National Conference of Commissioners on Uniform State Laws (NCCUSL) http://www.nccusl.org/Update/ approved amendments to the Uniform Interstate Family Support Act (2001), referred to as UIFSA 2008, in order to integrate the appropriate provisions of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, which was adopted at the Hague Conference on Private International Law on November 23, 2007. Every effort is being made to secure consent from Congress for the President to ratify the Treaty.

Several States and organizations have inquired as to whether States will be found to be out of compliance with the State plan requirement of section 466(f) of the Social Security Act if States enact UIFSA 2008. Because Federal law specifically requires States to adopt UIFSA 1996, States that adopt UIFSA 2008 could be found to be out of compliance with the IV-D State plan requirement. Should proposed legislation sent to Congress to amend title IV-D of the Act as required to meet our Treaty responsibilities be enacted and should the U.S. ratify the Treaty, States would be required to adopt UIFSA 2008.

The Office of Child Support Enforcement has determined that States may enact UIFSA 2008 verbatim with a provision that the effective date of its enactment will be delayed until the Treaty is ratified and the United States deposits its instrument of ratification. States that choose to follow this process do not need to request an exemption from OCSE.

Sincerely,

Margot Bean
Commissioner
Office of Child Support Enforcement

cc: ACF OCSE Regional Program Managers