Definitions.

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In this part 7: processed through the child support enforcement system and thousands of support orders from other countries have also been registered and enforced in the United States because UIFSA treated such orders as if they had been entered by one of the states. In the future, in Convention countries, this country's orders will be entitled to similar treatment. The entry into force of the Convention is designed to further improve the process and will most certainly lead in a few years to a substantial increase in international cases, both incoming and outgoing.

To create UIFSA (2008), it was necessary to integrate the texts of UIFSA (2001) and the Convention. This did not present a significant drafting challenge for the most part. By far the most common amendment in Articles 1 through 6 is to substitute "state or foreign country" for the term "state." These simple amendments expanded a majority of this act to cover foreign support orders. In this article statutory directions are given to "a tribunal of this state," and also to a "governmental entity, individual petitioner, support enforcement agency, or a party."

  1. "Application" means a request under the Convention by an obligee or obligor, or onbehalf of a child, made through a central authority for assistance from another central authority.

  2. "Central authority" means the entity designated by the United States or a foreigncountry described in section 14-5-102 (3.3)(D) to perform the functions specified in the Convention.

  3. "Convention support order" means a support order of a tribunal of a foreign countrydescribed in section 14-5-102 (3.3)(D).

  4. "Direct request" means a petition filed by an individual in a tribunal of this state in aproceeding involving an obligee, obligor, or child residing outside the United States.

  5. "Foreign central authority" means the entity designated by a foreign country described in section 14-5-102 (3.3)(D) to perform the functions specified in the Convention.

  6. "Foreign support agreement":

(A) Means an agreement for support in a record that: (i) Is enforceable as a support order in the country of origin; (ii) Has been:

  1. Formally drawn up or registered as an authentic instrument by a foreign tribunal; or

  2. Authenticated by, or concluded, registered, or filed with a foreign tribunal; and

(iii) May be reviewed and modified by a foreign tribunal; and

(B) Includes a maintenance arrangement or authentic instrument under the Convention.

(7) "United States central authority" means the secretary of the United States department of health and human services.

Source: L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 561, § 32, effective July 1.


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