Interstate - All Things ConsideredINTERSTATE ESTABLISHMENT

NC CHILD SUPPORT COUNCIL 31ST CONFERENCE, ASHEVILLE, NC

AUGUST 27, 2015

Interstate Establishment

Which North Carolina Statutes pertain to the Uniform Interstate Family Support Act (UIFSA)?

Are there questions the case manager should ask the custodial parent in order to determine whether North Carolina has jurisdiction?

Where are the forms that should be used for Intergovernmental cases?

How can a case manager ask another state for location information electronically?

Interstate Establishment

The North Carolina statutes which pertain to UIFSA are found in Chapter 52C Uniform Interstate Family Support Act. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_52C.html

All states are required to have statutes that are “substantially similar.”

In North Carolina, we find this same language in Chapter 52C.

NCGS 52C-1-101 (7) "Initiating state" means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this Act or a law or procedure substantially similar to this Act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.

NCGS 52C-1-101 (16) "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this Act or a law or procedure substantially similar to this Act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.

Does North Carolina Have Jurisdiction?

Article 2.

Jurisdiction.

Part 1.  Extended Personal Jurisdiction.

§ 52C-2-201.  Bases for jurisdiction over nonresident.

In a proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(1)        The individual is personally served with a summons and complaint within this State;

(2)        The individual submits to the jurisdiction of this State by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3)        The individual resided with the child in this State;

(4)        The individual resided in this State and provided prenatal expenses or support for the child;

(5)        The child resides in this State as a result of the acts or directives of the individual;

(6)        The individual engaged in sexual intercourse in this State and the child may have been conceived by that act of intercourse;

* (7)        The individual asserted paternity in an affidavit which has been filed with the clerk of superior court; or

(8)        There is any other basis consistent with the constitutions of this State and the United States for the exercise of personal jurisdiction. (1995, c. 538, s. 7(c).)

*There will be policy to follow on #7 from IV-D Policy & Training.

Long-Arm Jurisdiction Checklist

Intergovernmental Document Matrix

Filing an action in North Carolina

Filing an action in NC – with UIFSA packet

Electronic Location Resources

State Service Portal (SSP):

QUICK – check by Social Security Number!

Locate - FPLS, NDNH, DVA, IRS, and more

Other Systems (IDEC, NCFAST, Vinelink, AOC Court calendars, for example)

ACTS Locate – 12.03

Submit a request to any State Parent Locator electronically.

Using CSENET to Send a Locate

State Code + SPL (for example, PA00000SPL), leave OS case number blank; Action: 1-Request, Function: 1-Locate Level 1, and NCP/CP enter NCP. Press F9.

Points to Ponder

Prepare the outgoing UIFSA petition correctly. Make sure all needed forms are completed. Is the Uniform Support Petition complete, notarized, and verified properly?

Include all needed documents such as birth certificates, Affidavits of Parentage, Paternity orders, Wage Verifications, Child Care Verifications, Marriage Certificate, divorce order and proof of other children who are not party to the action.

Assure all forms in the petition are signed and notarized.

Review the completed petition with a critical eye. Is there anything on the petition that the other state might miss, or that needs highlighting? (For example - page 2 of Transmittal 1, “Additional Information” section, consider highlighting anything you add to this section; in the General Testimony, “Total of Monthly Expenses” appears on the top of the next page.)

For an incoming petition that seeks establishment in NC – see items 1-3 above. If paternity is an issue, and the child was born in NC, request the petitioner to sign a NC AOP via a request to the other state.

Intergovernmental forms are also located here:http://www.acf.hhs.gov/programs/css/resource-library/search?topic[2743]=2743&type[3043]=3043&per_page=100