Intergovernmental Overview

In this Topic

  1. Introduction
  2. UIFSA Concepts
  3. Related Information

Introduction

This section provides information on intergovernmental policies and procedures that should be used by CWAsChild Welfare Agencies, Family Divisions, and PCSEProbation Child Support Enforcement staff when processing cases involving at least one party living in another state, Indian Tribal Nation, or foreign country.

Federal and State laws and regulations set the following standards for processing intergovernmental cases:

  • Involve only one state, Indian Tribal Nation, or country in a support case, when appropriate, using long-arm processes for establishment of paternity and/or support
  • Recognize one controlling order for a support obligation
  • Provide guidelines for determining the controlling order in cases where more than one state, Indian Tribal Nation, or country has issued an order
  • Provide rules that determine which state can modify an existing support order

Enhance enforcement of the order through direct income withholding and expedited processes, such as Quick Locate, administrative subpoenas, administrative liens, high-volume automated enforcement, and enforcement of an order by another state without formal registration

  • Request limited services of another state or not require the other state to open a full support case
  • Provide relaxed rules of evidence and appearance so that parties to the support actions can participate in proceedings without incurring travel expenses

In an intergovernmental case, more than one tribunal may have the ability to exercise jurisdiction. A tribunal is defined as “a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage.” In the State of New Jersey, the Superior Court, Family Division is the tribunaltribunalN.J.S.A. 2A:4-30.65; N.J.S.A. 2A:4-30.66. The staff uses the intergovernmental laws and regulations to determine the most effective way to establish and secure support payments. The staff reviews various case factors (e.g., addresses, the NCPNon-custodial parent’s) employment status, the state in which the child was conceived) and advises the CPCustodial parent or party of all matters related to processing the case so that informed decisions may be made.

UIFSA Concepts

As originally established in the Full Faith and Credit Act, the primary concepts of UIFSA are jurisdiction, controlling order, and CEJContinuing Exclusive Jurisdiction. Click on the following terms for their definitions.

JurisdictionA government’s general power to exercise authority over all persons and things within its territory

Controlling OrderControlling OrderThe law determines that only one order will govern the obligation for current support. A Controlling Order State is the “state in which the only order was issued or, where multiple orders exist, the state in which the order determined by a tribunal to control…current supportsupport45 CFR 301, 302, 303, and 305.…”

Continuing Exclusive JurisdictionA state with CEJ has the exclusive authority to modify a child support order (CEJ)

  • N.J.S.A. 2A:4-30.125; N.J.S.A. 2A:4-30.126.
  • 45 CFR 301

 

Institute for Families, School of Social Work  Rutgers, the State University of New Jersey - Child Support Program Manual 2020 Release