International Child Support 101 California 2007 Annual Child Support Training Conference

OCSE Resources OCSE Resources Working with specific FRCs Working with specific FRCs Common international issues Common international issues Other Resources Other Resources

OCSE WEB SITE International Resources - Links to FRC web sites and other international resources - OCSE international issuances - Caseworker’s Guide to Processing Cases with Foreign Reciprocating Countries

CONTACTS California Central Registry or Mary Dahlberg, Interjurisdictional Legal Liaison or J. Richard Sternowski at

FRCs IRELAND – September 10, 1997 SLOVAK REPUBLIC – February 1, 1998 NOVA SCOTIA – December 18, 1998 POLAND – June 14, 1999 BRITISH COLUMBIA – December 15, 1999 CZECH REPUBLIC – May 3, 2000 MANITOBA – July 11, 2000 PORTUGAL – March 17, 2001 AUSTRALIA – May 21, 2001 NETHERLANDS – May 1, 2002 NORWAY – June 10, 2002 ONTARIO – August 7, 2002 NEWFOUNDLAND/LABRADOR – August 7, 2002 ALBERTA – September 4, 2002 NUNAVUT – January 20, 2004 NEW BRUNSWICK – February 1, 2004 NORTHWEST TERRITORIES – February 7, 2004 SWITZERLAND – September 30, 2004

FRCs HAVE NOT ENACTED UIFSA It is important to note that an FRC does not have identical procedures or tools as a U.S. state. U.S. states must follow UIFSA, but FRC follows the law of that country.

Purpose of the Caseworkers’ Guide to Processing Cases with FRCs Purpose of the Caseworkers’ Guide to Processing Cases with FRCs Initial Guide issued in 2003: IM General instructions - Best practice tips - Appendixes with country specific information and forms

Guides are Issued only for FRCs OCSE does not issue guides for reciprocal arrangements between an individual state and a foreign country, but the general principals given in the Guide apply.

First Installment of the Guide Addresses and contacts for most FRCs. (Appendix 1)Addresses and contacts for most FRCs. (Appendix 1) Reciprocity agreements with Australia, Ireland, the Netherlands, and Norway. (Appendix 2)Reciprocity agreements with Australia, Ireland, the Netherlands, and Norway. (Appendix 2) Forms for cases to Australia. (Appendix 3)Forms for cases to Australia. (Appendix 3) Forms for cases to Ireland, Norway, and the Netherlands. (Appendix 4)Forms for cases to Ireland, Norway, and the Netherlands. (Appendix 4) International forms set. (Appendix 5)International forms set. (Appendix 5)

Applications to Australia See Appendix 3, UIFSA form plus: Australian Application Form 101: assessment (establishment) Australian Application Form 101: assessment (establishment) Australian Application form 1: collection (enforcement) Australian Application form 1: collection (enforcement) Power of Attorney Power of Attorney

Ireland, Norway, and the Netherlands No need to translate applications or documents. Use standard UIFSA forms to send cases. The Netherlands requires a Certificate of Enforceability: Appendix 4

Applications from English-speaking FRCs Australia, Ireland, Norway, and the Netherlands will use the International Forms set found in Appendix 5

Non-English-Speaking FRCs Bilingual forms are not yet available on line. Poland, Czech Republic, and Slovak Republic require Power of Attorney. Contact OCSE for bilingual forms and instructions.

Canadian Forms, Policy, and Other Documents OCSE policy letter: IM Appendix 6 to the Guide: contains lettered subsections for each FRC Canadian province and territory. Appendix 6 to the Guide: contains lettered subsections for each FRC Canadian province and territory. As of the issuance of the Canadian appendix, Prince Edward Island, Saskatchewan, Quebec, and Yukon Territory were not FRCs. As of the issuance of the Canadian appendix, Prince Edward Island, Saskatchewan, Quebec, and Yukon Territory were not FRCs.

Common Issues Currency conversion Currency conversion Translation Translation Communication Communication Modification of U.S. order in other jurisdiction Modification of U.S. order in other jurisdiction Personal jurisdiction Personal jurisdiction Time zones and dates Time zones and dates

Currency conversion Including the U.S. dollar equivalent on the registration form does not modify the underlying foreign order. Including the U.S. dollar equivalent on the registration form does not modify the underlying foreign order. Be prepared to adjust the account to accommodate fluctuating currency exchange rates. Be prepared to adjust the account to accommodate fluctuating currency exchange rates.

Translation All legal documents must be translated into the official language of the responding jurisdiction. All legal documents must be translated into the official language of the responding jurisdiction. Better response if you translate all correspondence. Better response if you translate all correspondence. Cost is borne by the sending jurisdiction. Cost is borne by the sending jurisdiction.

Communication is great, but remember that this is a business communication. is great, but remember that this is a business communication. Fax is also a great tool. Fax is also a great tool. Telephone is problematic due to language and time zone differences. Telephone is problematic due to language and time zone differences. TIMELY RESPOND TO ALL INQUIRIES!! TIMELY RESPOND TO ALL INQUIRIES!!

Modification by FRC Under their law, many FRCs can modify a U.S. order sent for enforcement. Under their law, many FRCs can modify a U.S. order sent for enforcement. Under UIFSA, may be void, commonly ignored by initiating U.S. state. Under UIFSA, may be void, commonly ignored by initiating U.S. state. Creates confusion and imbalance of accounts. Creates confusion and imbalance of accounts. Consider reviewing for modification in appropriate U.S. jurisdiction.

Personal Jurisdiction UIFSA section 201. UIFSA section 201. No “child-based” jurisdiction in U.S. No “child-based” jurisdiction in U.S. BUT - IV-D agency does not have authority to refuse to register an order that is valid on it’s face – only a court may refuse enforcement. BUT - IV-D agency does not have authority to refuse to register an order that is valid on it’s face – only a court may refuse enforcement. If court refuses enforcement, establish a new order immediately. If court refuses enforcement, establish a new order immediately.

Time Zones and Dates Be sure to consider the time differences when planning a telephone call or scheduling a court appearance involving a telephonic appearance. Be sure to consider the time differences when planning a telephone call or scheduling a court appearance involving a telephonic appearance. 05/08/07 is August 5, 2007 in most other jurisdictions. Spell out the month in correspondence and double check court dates in number format. 05/08/07 is August 5, 2007 in most other jurisdictions. Spell out the month in correspondence and double check court dates in number format.

OTHER ISSUES Service of Process Service of Process Locate requests Locate requests Health care costs and health insurance Health care costs and health insurance Emancipation Emancipation Forms Forms Direct applications from non- reciprocating jurisdictions Direct applications from non- reciprocating jurisdictions

Other Resources: NCSEA NCSEA web site: Information for non-FRCs OverviewOverview AddressesAddresses Bilingual formsBilingual forms Relevant lawsRelevant laws

Other Resources: The Hague Conference The Hague Conference on Private International Law web site:

Other Resources: U.S. Department of State html#state

International Child Support 101 Mary Dahlberg Deputy Attorney General Interjurisdictional Legal Liaison for the California Department of Child Support Services, Sacramento, California