Senate Bill 85, which is designed to improve the enforcement of child support orders, was recently signed into law. The Summary describes the Bill in more detail as follows:

Before 1950, a parent who wanted child support from another parent who lived in another state had to travel to that state to take legal action. In 1950, the Uniform Law Commission (ULC) drafted the Uniform Reciprocal Enforcement of Support Act (URESA) to allow participating states to enforce each other's support orders. URESA was amended in 1952 and 1958 and was amended and renamed the Revised Uniform Reciprocal Enforcement of Support Act (RURESA) in 1968. Ultimately, all states adopted one or more versions of the ULC's uniform acts on this subject.

In 1992, the ULC promulgated a new act, the Uniform Interstate Family Support Act (UIFSA), which Delaware adopted in 1994. The ULC revised UIFSA in 1996 and 2001, with Delaware adopting the 2001 version in 2005.

In November 2007, the United States signed the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (Convention). In 2008, the ULC revised its 2001 version of UIFSA to integrate the appropriate provisions of the Convention into UIFSA, to put the Convention into effect.

This Act adopts the 2008 version of UIFSA, to improve the enforcement of United States child support orders abroad and ensure children residing in the United States will receive the financial support due from parents wherever those parents may reside. This Act also complies with the 2014 Preventing Sex Trafficking and Strengthening Families Act, signed by the President of the United States in September 2014, which requires all states enact the 2008 version of UIFSA by the end of their 2015 legislative session as a condition for continued receipt of federal funds supporting state child support programs.

The U.S. Department of Health and Human Services, Administration for Children and Families, Office of Child Support Enforcement (OCSE) explained in an Information Memorandum dated October 9, 2014 that, "once UIFSA is in effect in your state, international cases will not be processed under Article 7 of UIFSA 2008 until the 2007 Family Maintenance Convention enters into force for the United States. Once this occurs, Article 7 of UIFSA 2008 will be in effect for all cases transmitted and received under the 2007 Family Maintenance Convention." OCSE further noted, in an Information Memorandum dated April 13, 2015, that, "[o]nce all states have enacted UIFSA 2008, the President will sign the instrument of ratification, and deposit that instrument as required for the U.S. to become a party to the treaty."

This Act also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual.

The Bill may be read in its entirety here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.