The Uniform Interstate Family Support Act (UIFSA) 2008: Enforcing International Obligations Through Cooperative Federalism
Journal of the American Academy of Matrimonial Lawyers, Vol. 24, p. 33, 2011
24 Pages Posted: 19 Aug 2011
Date Written: June 29, 2011
Abstract
The purpose of this article is to present an overview of the development and substance of UIFSA2008 with commentary on the questions of federalism that impacted the drafting and implementation process. Part I presents a history of uniform family support to develop an understanding of the backdrop that colors internationalization of family maintenance. Part II addresses the main provisions of the Hague Convention, focusing specifically on the provisions that required changes in domestic law. In Part III, this article illustrates the use of a coordinated effort known as cooperative federalism as a means of achieving the implementation of international obligations through changes in state law. Part IV discusses the substance of UIFSA2008, with particular focus on the new rules for international cases involving signatory countries to the Hague Convention.
Keywords: Federalism, Family Law, Interstate Child Support, Hague Convention, UIFSA, Uniform Law
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