Why UIFSA?Adam and Mary are dating and are residents living in Virginia.They have a child, John.The relationship between Mary and Adam ends with Maryreceiving custody and child support for John. Adam pays childsupport for the next few months, but for whatever reason,reasonable or unreasonable, Adam moves to North Carolina andstops paying child support.Or, as another example, Mary lives in Virginia and is on spring breakin North Carolina when she meets, falls in love and gets pregnant byAdam, who’s never been to Virginia, and is a resident of NorthCarolina.
What is UIFSA?• UIFSA stands for the Uniform Interstate Family Support Act• Developed in 1992, it was intended to grant clarity and to broaden the circumstances under which a nonresident defendant can be made to pay child support• Every state, including Virginia, has adopted UIFSA.
Difference Between National UIFSA and Virginia’s UIFSANational UIFSA Virginia’s Version of UIFSAIf home state jurisdiction does not exist, jurisdiction can If home state jurisdiction does not exist, jurisdiction in Virginia canbe granted in one of the seven ways: be granted if: 1. The nonresident is personally served within 1. The individual is personally served with process within the the state. Commonwealth; 2. The nonresident submits to the jurisdiction 2. The individual submits to the jurisdiction of the of this state by consent, by entering a Commonwealth by consent, by entering a general general appearance, or by filing a appearance, or by filing a responsive document having the responsive document having the effect of effect of waiving any contest to personal jurisdiction; waiving any consent to personal 3. The individual resided with the child in the Commonwealth; jurisdiction. 4. The individual resided in the Commonwealth and paid 3. The nonresident once resided with the prenatal expenses or provided support for the child; child in this state 5. The child resides in the Commonwealth as a result of the 4. The nonresident once resided in this state and provided prenatal expenses or support acts or directives of the individual; for the child. 6. The exercise of personal jurisdiction is authorized under 5. The child resides in this state as a result of subdivision A 8 of § 8.01-328.1 the acts or directives of the nonresident. Transacts business 6. The nonresident engaged in sexual Enters into a contract in VA intercourse in this state and the child may Causes a tort (personal injury like an automobile accident) have been conceived by that act of Ensures a person or property in VA, intercourse Pays spousal support to someone in VA; 7. The nonresident asserted parentage in the owes any tax, penalty, etc. in VA state such as through the putative father registry. 7. There is any other basis consistent with the constitutions of the Commonwealth and the United States for the exercise of personal jurisdiction.
EXAMPLETed and Wilma live in New York,where they were married. Whileon a two-week vacation in Maine,they conceive their only child,Mary. Upon returning to NewYork, they decide to separate.Wilma and Mary move to Main.Except for the two-weekvacation, Ted has never been toMaine. Before Wilma leaves, hetells her that is he moves toMaine with Mary, he will havenothing to do with her or withMary. She goes anyway, and Tedcarries out his threat of havingno contact with either. He neverpays child support. Afterestablishing domicile in Maine,Wilma obtains a divorce and achild support order form a Mainecourt. Ted is never served inMaine and does not appear inWilma’s divorce action. He knowsabout the case because Wilmahas mailed him all the divorcepleadings, to which he never