DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL
REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION
ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING
INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN LEGAL
COUNSEL.
INTRODUCTION
This flyer provides step-by-step guidance, general information
about new developments and reference resources for parents, attorneys and child
support professionals about international child support enforcement. We hope
that you find the material informative.
SUMMARY
There is no treaty in force between the United States and any other country
pertaining to the enforcement of child support orders or any other court
decrees. New measures to negotiate reciprocal arrangements with other countries
are now being pursued. Considerable work has been done by states in the United
States which have entered into reciprocal enforcement arrangements with some
foreign countries. The first step in the complicated process of obtaining child
support enforcement abroad is to contact the office of child support enforcement
in your state (See Appendix C). Your local child support enforcement office can
provide information about the aggressive techniques now available to pursue
enforcement, including garnishment of wages and federal income tax refunds,
revocation of licenses, direct contact with foreign employers, criminal
enforcement proceedings, etc. If the person owing the child support is employed
abroad for a U.S.-based company, or for the U.S. government, new provisions in
the child support enforcement laws provide a number of steps to obtain
enforcement. In addition, it may be possible to initiate formal enforcement
proceedings in accordance with local (foreign) law. These options are explained
in detail below. For more information about other significant innovations in
U.S. child support enforcement laws, contact your state office of child support
enforcement, or consult the U.S. Department of Health and Human Services (HHS)
home page on the Internet at http://www.acf.dhhs.gov/programs/CSE/.
For a discussion of reciprocal arrangements for international child support
enforcement and a list of foreign central authorities, see Appendixes D and E.
STEPS TO SEEKING CHILD SUPPORT ENFORCEMENT ABROAD
1. Do Reciprocal Arrangements Exist With The Foreign Country? The
Department of State is aware of the existing arrangements between states in the
U.S. and the following foreign countries: Australia, Austria, Bermuda, Canada
(by province) Czech Republic, Fiji, Finland, France, Germany, Hungary, Ireland,
Jamaica, Mexico, New Zealand, Norway, Poland, Slovak Republic, South Africa,
Sweden, United Kingdom (England, Scotland, N. Ireland). Your state may be
working on arrangements with new countries. For details, contact your state
child support enforcement office (generally known as state IV-D Agency, for
Title IV-D of the 1975 Social Security Act which established HHS's Child Support
Enforcement (CSE) program). Appendix D provides a summary of the process.
Your state child support enforcement office should be able to explain how to
apply for enforcement of your child support order in the foreign reciprocating
country. In many states, the child support office will apply on your behalf. If
your state child support officials are unfamiliar with the procedures, they may
wish to contact authorities in states which process these requests on a regular
basis, such as California, Texas or Illinois. These states have developed
handbooks and bilingual forms for processing the requests and have regular
contacts with their counterparts in the foreign countries.
2. Aggressive Measures Your State Can Take: New child support
enforcement laws contain serious penalties against persons owing child support
including revocation of licenses, liens, garnishment of wages and attachment of
income tax refunds. Contact your state child support enforcement office
(Appendix C) for information.
3. Criminal Enforcement Procedures: Contact your state child support
enforcement office (Appendix C) about new criminal enforcement procedures. There
have been new developments in the use of these procedures in international
cases. On May 11, 1997, the state of Massachusetts, working with Interpol,
succeeded in having a child support fugitive from its "most wanted"
list, who was the subject of an outstanding warrant, deported from the Dominican
Republic and arrested on arrival in the United States. Your state child support
enforcement office may wish to contact the Massachusetts office of child support
enforcement for details. See also the Massachusetts "most wanted" home
page on the Internet at http://www.state.ma.us/cse/.
4. Initiating Foreign Enforcement Proceedings Under Local Law: If no
reciprocal arrangement exists, and the aggressive measures discussed in step 2
are in applicable, it may be necessary for you to initiate a child support
enforcement action in the courts in the foreign country. This usually will
require retaining the services of an attorney abroad (See Steps 5 and 6). The
Department of State, Office of American Citizens Services is not a repository
for foreign laws. However, selected information may be available concerning
general procedures on child support enforcement in particular countries. Contact
the Office of American Citizens Services to see if such information is
available.
5. Retaining a Foreign Attorney: Some foreign attorneys are willing to
proceed on a contingency basis, charging no fee for services until the child
support is collected. A list of English speaking attorneys is available from the
U.S. State Department Office of American Citizens Services. See also our general
information flyer, "Retaining A Foreign Attorney" (AUTOFAX Document
1027 or via our home page on the Internet under "judicial
assistance".) See also the Martindale-Hubbell Law Directory available in
law libraries. It may be helpful to provide your foreign attorney with
copies of any state laws concerning reciprocal enforcement of child support
orders with foreign states, including foreign countries (UIFSA, RURESA, URESA,
etc.)
6. Legal Aid: Some countries provide legal aid services in child
support cases. The legal attache or consular section of the foreign embassy in
Washington, D.C. may have specific guidance. For addresses and phone numbers of
foreign embassies in Washington, see the heading "entry requirements"
in our country specific consular information sheets via our autofax service or
our Home Page on the Internet. Legal aid information may also be available from
a local branch of the International Social Service. The ISS' headquarters are in
Geneva, Switzerland, but information or assistance may be available through its
New York branch at 10 W. 40th Street, New York, N.Y. 10018, 212-532-6350. See
also our flyer "Retaining a Foreign Attorney", available via our home
page on the Internet or our autofax service for other reference sources on legal
aid.
7. Authentication and Translation of Documents: It may be necessary
for you to provide foreign authorities or your attorney with authenticated,
translated copies of your child support order and any other pertinent documents.
Consult your foreign attorney before going to this expense. An information flyer
explaining the authentication process is available from the Office of American
Citizens Services, through our automated fax system or via our Home Page. These
topics include "Hague Legalization Convention" (AUTOFAX document 1053)
and "General Authentication Flyer" (AUTOFAX document 1046). See also
the U.S. State Department's Authentications Office Home Page at http://www.state.gov/www/authenticate/index.html.
8. Service of Process: If you need to serve process on a person abroad
in connection with a child support case, you may obtain copies of our country
specific judicial assistance flyers on this subject through our automated fax
service or via our Home Page on the Internet. See also, "Service of Process
Abroad" (AUTOFAX document 1215), "Hague Service Convention"
(AUTOFAX document 1049), "Inter-American Letters Rogatory Service
Convention" (AUTOFAX document 1208), and "Preparation of Letters
Rogatory" (AUTOFAX document 1045).
9. U.S.-Based Private Employment Abroad: If the parent from whom you
are seeking child support enforcement works for a private U.S.-based employer,
ask your local child support enforcement office about procedures for garnishment
of wages.
10. Foreign-Based Private Employment Abroad: State child support
enforcement offices in Texas advise they have found it useful to pursue all
possible avenues to attempt to collect child support from the person in the
foreign country, including contacting the individual's foreign employer,
including the president of the company, providing authenticated, translated
copies of outstanding court orders, warrants, etc. Business directories such as
Standard and Poors (http://www.stockinfo.standardpoor.com/),
Dunn & Bradstreet (http://www.dbisna.com/dbis/dbishome.htm) or
similar publications may provide resource information concerning addresses of
the corporate headquarters of foreign companies. Contact your state child
support enforcement office for guidance on this process.11. U.S. Military
Service Members Abroad: If the parent from whom you are seeking child
support enforcement is an employee of the U.S. military abroad or a U.S.
military retiree abroad, contact the local office of child support enforcement
for assistance in coordinating with the appropriate U.S. military offices cited
below.Garnishment: Contact the general information operator at the
Pentagon, Tel: 703-545-6700 to reach the appropriate Judge Advocate General's
Office. See also, A Guide to Child Support Enforcement Against Military
Personnel, (February 1996), Administrative and Civil Law Department, Legal
Assistance Branch, The Judge Advocate General's School, U.S. Army,
Charlottesville, VA 22093-1781, http://www.jagc.army.mil/jagc2.htm and
Barber, Soldiers, Sailors and the Law, Family Advocate, ABA Family Law Section,
Vol. 9, No. 4, 38, 41 (Spring 1987). Service of Process on Military
Personnel: Contact the Judge Advocate General's Office for the particular
branch of the service (See Air Force, Navy and Army JAG home pages at http://www.ja.hq.af.mil;
http://www.21taacom.army.mil/aerja/)
See also, our general flyer, "Service of Process Abroad," which
includes a discussion of this issue.Locating Military Personnel: See Sec.
363 of H.R. 3734, "Enforcement of Child Support Obligations of Members of
the Armed Forces," requiring the Secretary of Defense to establish a
centralized personnel locator service for members of the Armed Forces. At
present, to locate U.S. military personnel abroad, contact the appropriate U.S.
military locator service (Army: Commander, U.S. Army EREC, Army Worldwide
Locator Service, Fort Benjamin Harrison, Indiana 46249-5301; Tel: 317-542-4211);
Air Force: Headquarters, AFMPC/DPMD003, Attn: Worldwide Locator; Randolph
Air Force Base, TX 78150-6001, Tel: (210) 652-5774; Navy: Naval Military
Personnel Command, Navy Annex, Washington, D.C. 20370; Tel: (202) 694-3155; Marine
Corps: Commander of the Marine Corps, Code MMRB-10, Attn: Locator Service,
Washington, D.C. 20380-0001, Tel: (202) 694-1610 and x1624; Coast Guard:
Commandant, United States Coast Guard, Coast Guard Locator Service, GPE 3-45
(enlisted personnel), GPE2-42 (officers), 2100 2nd St., S.W., Washington, D.C.
20593, Tel: (202) 267-1615 (enlisted); (202) 267-1667 (officers).Contacts:
U.S. HHS Military Liaison: Office of Child Support Enforcement, U.S.
Department of Health and Human Services, Military Liaison 202-260-5830. Other
Contact: The Military Family Resource Center, Ballston Towers No. 3, Suite
903, 4015 Wilson Blvd, Arlington, VA 22203, tel: 703-696-4555.
12. U.S. Department of State Employees Abroad: On February 27, 1995,
the President signed Executive Order 12953 that requires all Federal agencies,
including the Department of State, to cooperate fully in efforts to establish
paternity and in the collection of child and medical support from agency
employees. See Department of State Notice dated 5/15/95 and Department of State
Notice dated 6/23/95. See also, Section 172.2(d), FR, Vol. 57, No. 143, July 24,
1992, (22 CFR Part 172) (Touhy Regulations). But see, 22 C.F.R. 19.735-201
(ethical conduct); 22 C.F.R. 10.735-215(a) (conduct). See also, "The
Foreign Service Family and Divorce," Department of State Publication 9914,
Family Liaison Office, (M/DGP/FLO), Released April 1992.
Service of Process: The Department must make its employees stationed
abroad available for service of process in state court civil cases concerning
paternity and child support. This means employees may not use their diplomatic
or consular status to avoid acceptance of service in such court actions. The
Department will not accept papers or service of process on the employee's
behalf, but it will require the employee to arrange an acceptable method for
acceptance of service. The Department (L/DL) will waive diplomatic immunity if
necessary. An employee who refuses to accept service in violation of this order
may be subject to immediate curtailment of tour and to disciplinary action, as
appropriate. The Department office responsible for facilitating availability for
service of process on employees is the Office of Employee Relations, Conduct,
Suitability and Discipline Staff (PER/ER/CSD), SA-6, Room 431, 1701 N. Ft. Myer
Drive, Rosslyn, VA 22209, (703) 516-1674 or (703) 516-1837.
Garnishment: The Department will also garnish the wages of an employee
to pay child support and alimony when served with court orders for garnishment.
Send court orders for such garnishment to the Office of the Legal Adviser,
Legislation Management, L/LM, Room 5425 N.S., Department of State, 2201 C
Street, N.W., Washington, D.C. 20520, Tel: (202) 647-6668.
Contact(s): Office of Employee Relations, Conduct, Suitability and
Discipline Staff (PER/ER/CSD), SA-6, Room 431, 1701 N. Ft. Myer Drive, Rosslyn,
VA 22209, (703) 516-1674 or (703) 516-1837. Office of the Legal Adviser,
Legislation Management, L/LM, Room 5425 N.S., Department of State, 2201 C
Street, N.W., Washington, D.C. 20520, Tel: (202) 647-6668.
13. Other U.S. Government Employees Abroad: The salary of a federal
government employee may be garnished for the purpose of enforcing a legal
obligation to provide child support or alimony. (See 42 U.S.C. 659; 5 C.F.R.
580.101 et seq.) However, no garnishment procedures can be effectuated until
evidence as to the legal obligation is furnished, such as a court order or
decree. To ascertain procedures for garnishment of the salary of a federal
employee other than U.S. military or U.S. Department of State described above,
contact the Personnel Office or the Office of General Counsel of the employing
agency. Your local child support enforcement office may be able to assist you
with this process.
14. Locating the Absent Parent Abroad: Contact your local IV-D child
support enforcement agency which will contact all appropriate sources for
assistance in locating the absent parent, including the Federal Parent Locator
Service (FPLS), Office of Child Support Enforcement, U.S. Department of Health
and Human Services, 370 L'Enfant Promenade, 4th Floor East, Washington, D.C.
20447, Tel: 202-401-5367; Internet Home Page: http://www.acf.dhhs.gov.
That Offices' services involve searching federal databases, including U.S. tax
records, that have proven useful in cases involving an absent parent abroad. The
U.S. State Department, Office of American Citizens Services cannot
arrange for U.S. embassies or consulates abroad to conduct actual searches for
the whereabouts of U.S. citizens abroad who may owe child support. If the
person's whereabouts are completely unknown, and the FPLS is unable to locate
the person through Federal databases, it may be necessary to retain private
detectives through your local foreign counsel or other sources. (See Steps 5 and
18.)
15. Searching Passport and Embassy/Consulate Citizen Registration Records
Abroad for the Absent Parent: Information regarding the whereabouts of U.S.
citizens abroad, contained in passport records or U.S. Embassy/Consulate
registration records abroad, is protected by the Privacy Act. For consideration
of a request for release of such information from Embassy/Consulate registration
records the state child support enforcement office must submit a written request
to the Consular Section, American Citizens Services Section of the nearest U.S.
Embassy/Consulate or to the U.S. State Department, Overseas Citizens Services,
Office of Policy Review and Interagency Liaison (CA/OCS/PRI), Room 4817, 2201 C
Street, N.W., Washington, D.C. 20520, Tel: 202-647-3666, citing the specific law
being enforced for which release of information is being requested under the law
enforcement provisions of the Privacy Act. Direct requests for information from
passport records to the U.S. Department of State, Office of Passport Services,
Research and Liaison Branch (CA/PPT/TD/RL), Suite 510, 1111 19th Street, N.W.,
Washington, D.C. 20522-1705, citing similar provisions.
16. Passport Issuance Restrictions For Persons Owing Child Support:
Sections 370, 652(k) and 654(31) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (PRWORA) (Pub. L. 104-193), which amends
42 U.S.C. 452, the Secretary of State must deny a passport to a person who is in
arrears of child support of more than $5,000 upon certification to that effect
by the Secretary of Health and Human Services (HHS). The certification of the
Secretary of HHS is based upon the certification by a state agency in accordance
with Section 454(31) of the PRWORA. The effective date of Section 370 is October
1, 1997. For further information regarding HHS certification for purposes of
passport denial, please contact your local child support enforcement agency or
the Department of Health and Human Services, OCSE/DPO, 370 L'Enfant Plaza, 4th
Floor East, Washington, D.C. 20447, tel: 202-401-5367; Internet Home Page: http://www.acf.dhhs.gov.
U.S. passports cannot be denied to based on requests from private individuals.
There are, however, passport regulations (22 CFR Section 51.70, et seq.) under
which a person's passport will be denied or revoked when the U.S. Secretary of
State is notified by a competent authority that the person is subject to a
criminal court order forbidding his or her departure from the United States.
Such a request must be made by an appropriate law enforcement agency to the
Department of State, Office of Citizenship Appeals and Legal Assistance
(PPT/PAS), Suite 260, 1111 19th Street, N.W., Washington, D.C. 20622, tel:
202-955-0231.
17. New Measures In Progress: On August 22, 1996, the President signed
into law "The Personal Responsibility and Work Opportunity Reconciliation
Act (PRWORA) of 1996" (Pub. L. 104-193), which includes provisions
regarding international child support enforcement. The PRWORA designates the
U.S. Department of Health and Human Services (HHS), Office of Child Support
Enforcement as the U.S. Central Authority to facilitate child support
enforcement. Section 371, Section 659A and Section 654(32) of the Act provide
that the Secretary of State, with the concurrence of the Secretary of Health and
Human Services, is authorized to "declare any foreign country to be a
foreign reciprocating country if the foreign country has established, or
undertakes to establish, procedures for the establishment and enforcement of
child support owed to persons who are residents of the United States."
Accordingly, the Department of State, Office of the Legal Adviser for Private
International Law and the Department of Health and Human Services, Office of
Child Support Enforcement will be proceeding with discussions with specific
foreign countries on this subject, and discussions on bilateral agreements. On
September 5, 1997, Ireland was declared a foreign reciprocating country in
compliance with 42 U.S.C. 659A by the Acting Secretary of State with the
concurrence of the Secretary of Health and Human Services. Moreover, on
September 5, 1997, the Acting Secretary of State delegated authority to the
Department of State Legal Adviser and the Assistant Secretary for Consular
Affairs with regard to declaration of foreign countries to be reciprocating
countries under Section 371 of P.L. 104-193 and the conclusion of related
Executive Agreements. Under the provisions of the PRWORA, states may continue to
enter into their own reciprocal agreements with other countries. The Department
of State is also exploring the possibility of becoming party to a multilateral
treaty on child support enforcement. For more information about this project,
see the Department of State, Office of the Legal Adviser for Private
International Law (L/PIL) Home Page on the Internet: http//his.com/
under Family Law projects.
18. Private Resources: The Department of State is aware that many
private organizations now claim that they can assist in enforcing child support
orders abroad. As a matter of policy, the Department does not comment on the
bona fides of such organizations. However, before retaining the services of such
an organization, U.S. citizens may wish to make appropriate inquiries with
applicable state licensing offices, the Better Business Bureau, your local or
state office of child support enforcement, or the attorney general's office of
the state where the private organization is located.
Additional Information: The Office of American Citizens Services has
available general information flyers on international judicial assistance many
of which are available through our automated fax system or via our Internet
Consular Affairs Home Page. These topics include country-specific information
about service of process and obtaining evidence abroad.
1. Using the Autofax System:
* Dial (202) 647-3000 using the phone on your fax machine.
* Follow the prompt to obtain a printed index of judicial assistance topics.
There are four indexes.
Travel Information - Index of Countries - Press 1
Passports and Visas - Index of Flyers - Press 2
Judicial Assistance - General and Country Specific - Press 3
Child Custody and Adoption - Index of Flyers - Press 4
* Enter the four digit code for the document desired as listed in the index.
* When the prompt identifies the document and asks if you want that document,
enter Y (9) for yes or N (6) for no.
* If you want another document, enter the four digit code, using the same
procedures noted in the previous step.
* When you finish selecting, press the # key on the phone keyboard and press
the start button on your fax machine.
* After a brief delay of up to a minute, the documents will print
automatically on your fax machine.
2. Using the Internet: Many of our judicial assistance flyers are also
available on the Internet via the Department of State, Bureau of Consular
Affairs Home Page at http://travel.state.gov/
under "Judicial Assistance"or through the main State Department Home
Page at http://www.state.gov/ under
"Travel". See also, the Department of State, Office of the Legal
Adviser for Private International Law (L/PIL) Home Page at http://his.com/
for information regarding private international law unification. See also the
Home Pages for many of our embassies which are linked to the Consular Affairs
Home Page.
QUESTIONS: Additional questions may be addressed to the appropriate
geographic division of the U.S. Department of State, Bureau of Consular Affairs,
Office of American Citizens Services, Room 4817 N.S., 2201 C Street, N.W.,
Washington, D.C. 20520, tel: (202) 647-5225 or 202-647-5226.
APPENDIXES:
A. Selected References.
B. Resources for Child Support Enforcement Information.
C. State Child Support Enforcement Offices.
D. UIFSA/URESA and International Enforcement.
E. Foreign Country Contacts and Central Authorities.
F. Treaties and Other Agreements.
APPENDIX A
Selected References
Ball, The Income Withholder's Role in Child Support, U.S. Department of
Health and Human Services, Office of Child Support Enforcement, Child Support
Project, Center on Children and the Law, American Bar Association, (1991).
Ball & Sablan, Effective Use of Liens in Child Support Cases, U.S.
Department of Health and Human Services, Office of Child Support Enforcement,
Child Support Project, American Bar Association Center on Children and the Law,
(1990).
Barber, "Soldiers, Sailors and the Law", 9 Family Advocate, 38-41
(1987).
Bird, Child Support: Reform or Tinkering, 25 Fam. L. 112 (1995).
Bradshaw, Department of Social Security, Support for Children: A Comparison
of Arrangements in Fifteen Countries (HMSO, London) (1993).
Burch, The 1989 Inter-American Convention on Support Obligations, XL Amer. J.
Comp. L. 817-864 (1992).
Cavers, "International Enforcement of Family Support", 81 Columbia
Law Review, 994-1043 (1981).
Cavers, Draft Convention on the Recognition and Enforcement of Decisions
Relating to Maintenance Obligations, 21 Amer. J. Comp. L. 154 (1973).
Castel, "Recognition and Enforcement of Foreign Judgments In Personam
and In Rem in Common Law Provinces Of Canada, 17 McGill L.J. 11, 161-79 (1971).
DeHart, "Comity, Conventions and the Constitution", 28 Family L.Q.,
89-115 (1994).
DeHart, "Getting Support Over There", 9 Family Advocate, 34-37,
(1987).
DeHart, "International Enforcement of Child Support and Custody:
Reciprocity and Other Strategies, ABA Section of Family Law Council Monograph,
(1986).
DeHart, "Reaching Across International Boundaries", 2 Family
Advocate, 27-29 (l979).
Developing Effective Procedures for Pro Se Modification of Child Support
Awards, Landstreet and Takas, U.S. Department of Health and Human Services,
Office of Child Support Enforcement, Child Support Project, American Bar
Association, Center on Children and the Law, (1991).
Harrison, Australia's Child Support Scheme, 15 Family Advocate, 28-29 (1993).
Harrison, Child Maintenance in Australia: The New Era in Economic
Consequences of Divorce, Lenore Weitzman & Mavis MacLean, ed. (1992).
Haynes & Dodson, ed., Interstate Child Support Remedies, National Legal
Resource Center for Child Advocacy and Protection, American Bar Association,
Child Support Project, (1989).
Haynes, Ball & Sablan, Child Support: An Annotated Legal Bibliography:
1988 Supplement, U.S. Department of Health and Human Services, Office of Child
Support Enforcement, Child Support Project, National Legal Resource Center for
Child Advocacy and Protection, American Bar Association, January (1988).
Hewitt, Oz and the Art of Maintenance, Britain's Child Support Agency Is One
Year Old, Independent, London, (April 5, 1994).
Karet, The International Enforcement of Matrimonial Financial Orders, 6 Int'l
Legal Prac. 8 (1981).
Koenig, Courts in the Fax Lane: The Use of Facsimile Technology in State
Courts, State Justice Institute Grant No. SJI-89-06F-B-023, Center for Public
Policy Studies, Telephone Conferencing in Interstate Child Support Cases: Final
Report, State Justice Institute Grant No. SJI-88-06E-G-059, (1990).
Krause, Child Support in America: The Legal Perspective, 10-18, 41-43 (1981).
Krause, Reflections on Child Support, 17 Fam. L.Q. 109-132 (1983).
Krauskopf, International Recognition and Enforcement of Family Law Judgments,
27 St. Louis B.J. 6 (1980).
Legler, The Coming Revolution in Child Support Policy: Implications of the
1996 Welfare Act, 30 Fam. L.Q. 519 (1996).
McLean, Recognition of Family Judgments in the Commonwealth 209 (1983).
Marks-Barnett, Enforcement of Foreign Support Orders, Judgments or Decrees,
52 Okla. B.J. 1801 (1981).
Nash, Foreign Child Support Judgments: Declarations of Reciprocity by States,
Digest of United States Practice in International Law 1980, Office of the Legal
Adviser, U.S. Department of State, 499,502 (1986).
Nygh, Making the World a Better Place for Children, 19 Family Advocate
(1997).
Oldham, Lessons from the New English and Australian Child Support Systems, 29
Vanderbilt J. of Transnat'l Law, 691, 735 (1996).
Paikin, Use of Teleconferencing in Interstate Child Support Cases, 13
Fairshare 12 (July 1993).
Pfund, Cumulative Digest of United States Practice in International Law,
1981-1988, Vol. III, U.S. Department of State, Office of the Legal Adviser,
3695-3697 (December 1995).
Sampson & Kartz, UIFSA, An Interstate Support Act for the Century, 27
Fam. L.Q. 85-173 (1993).
Saxon & Kane, The Uniform Interstate Family Support Act, Institute of
Gov. Family Law Bulletin, Univ. N.C., Chapel Hill, (March 1996).
Schwartz, How to Collect Support from Overseas, Fairshare, 8 (March 1988).
APPENDIX B
RESOURCES FOR CHILD SUPPORT ENFORCEMENT INFORMATION
1. Your State IV-D Child Support Agency. See Appendix B. Most
state IV-D Child Support Enforcement Agencies also have information available on
the Internet linked to the U.S. Department of Health and Human Services,
Administration for Children and Families, Office of Child Support Enforcement
(OCSE). Access the State IV-D agencies under "Links to States" through
the OCSE Internet address: http://www.acf.dhhs.gov/programs/CSE/.
2. The Office of Child Support Enforcement, Parent Locator Service,
U.S. Department of Health and Human Services, 370 L'Enfant Promenade, 4th Floor
East, Washington, D.C. 20447, tel: 202-401-5367; Internet Home Page: http://www.acf.dhhs.gov.
3. Administration for Children and Families, Office of Child Support
Enforcement, National Reference Center, Mail Stop OCSE/RC, 370 L'Enfant
Promenade, SW, Washington, D.C. 20447, tel: 202-401-9383. International
Coordinator, tel: (202) 260-5943;
4. Regional Offices of the U.S. Department of Health and Human
Services, Office of Child Support Enforcement:
Region I - CONNECTICUT, MAINE, MASSACHUSETTS, NEW HAMPSHIRE, RHODE ISLAND,
VERMONT: OCSE Program Manager, Administration for Children and Families, John F.
Kennedy Federal Building, Room 2000, Boston, MA 02203, 617-565-2440
Region II - NEW YORK, NEW JERSEY, PUERTO RICO, U.S. VIRGIN ISLANDS: OCSE
Program Manager, Administration for Children and Families, Federal Building,
Room 4048, 26 Federal Plaza, New York, NY 10278, 212-264-2890
Region III - DELAWARE, MARYLAND, PENNSYLVANIA, VIRGINIA, WEST VIRGINIA,
DISTRICT OF COLUMBIA: OCSE Program Manager, Administration for Children and
Families, P.O. Box 8436, 2525 Market St., Rm. 4119, MS/15, Philadelphia, PA
19104, 215-596-4136
Region IV - ALABAMA, FLORIDA, GEORGIA, KENTUCKY, MISSISSIPPI, NORTH CAROLINA,
SOUTH CAROLINA, TENNESSEE: OCSE Program Manager, Administration for Children and
Families, 101 Marietta Tower, Suite 821, Atlanta, GA 30323, 404-331-2180
Region V - ILLINOIS, INDIANA, MICHIGAN, MINNESOTA, OHIO, WISCONSIN: OCSE
Program Manager, Administration for Children and Families, 105 W. Adams St.,
20th Floor, Chicago, IL 60603, 312-353-4237
Region VI - ARKANSAS, LOUISIANA, NEW MEXICO, OKLAHOMA, TEXAS: OCSE Program
Manager, Administration for Children and Families, 1200 Main Tower, Suite 1050,
Mail Stop A2, Dallas, TX 75202, 214-767-3749
Region VII - IOWA, KANSAS, MISSOURI, NEBRASKA: OCSE Program Manager,
Administration for Children and Families, 601 East 12th St., Federal Building,
Suite 276, Kansas City, MO 64106, 816-426-3584
Region VIII - COLORADO, MONTANA, NORTH DAKOTA, SOUTH DAKOTA, UTAH, WYOMING,
OCSE Program Manager, Administration for Children and Families, Federal Office
Building, Rm. 325, 1961 Stout Street, Denver, CO 80294, 303-844-3100
Region IX - ARIZONA, CALIFORNIA, HAWAII, NEVADA, GUAM, OCSE Program Manager,
Administration for Children and Families, 50 United Nations Plaza, Mail Stop
351, San Francisco, CA 94102, 415-556-5176
Region X - ALASKA, IDAHO, OREGON, WASHINGTON, OCSE Program Manager,
Administration for Children and Families, 2201 Sixth Avenue, Mail Stop RX-70,
Seattle, WA 98121, 206-615-2547
5. The National Reciprocal and Family Support Enforcement Association,
400 N. Capital Street, Suite 370, Washington, D.C. 20001, tel: 202-624-8180.
6. The Military Family Resource Center, Ballston Towers No. 3, Suite
903, 4015 Wilson Blvd, Arlington, VA 22203, tel: 703-696-4555.
7. The Office of Child Support Enforcement, U.S. Department of Health
and Human Services, Military Liaison 202-260-5830.
8. ABA Center on Children and the Law, 740 15th Street, N.W.
Washington, D.C. 20005, tel: 202-662-2200. Access information on children and
the law through the Center's Home Page: http://www.abanet.org:80/child/home.html
for details about current projects.
9. ABA Section of Family Law, American Bar Association, 750 N. Lake
Shore Drive, Chicago, IL 60611, 312-988-5000, http://www.abanet.org/family/home.html.
APPENDIX C
STATE CHILD SUPPORT AGENCIES
(Note: If you do not have access to the Internet, you may wish to contact
your local public library for assistance to use their equipment to contact your
state child support enforcement office via the Internet.)
Alabama: Department of Human Resources, Division of Child Support, 50
Ripley Street, Montgomery, AL 36130-1801; tel: 334-242-9300; fax: 334-242-0606;
1-800-284-4347
Alaska: Child Support Enforcement Division, 550 West 7th Avenue, Suite
310, Anchorage, AK 99501-6699, tel: 907-269-6900; fax: 907-269-6914;
Arizona: Division of Child Support Enforcement, 3443 N. Central
Avenue, Phoenix, AZ 85012, tel: 602-252-4045; 1-800-882-4151
Arkansas: Office of Child Support Enforcement, P.O. Box 8133, Little
Rock, AR 72203, Street Address: 712 West Third, Little Rock. AR 72201; tel:
501-682-8398; fax: 501-682-8398; 1-800-247-4549
California: Office of Child Support, Department of Social Services,
744 P Street - Mail Stop 17-29, Sacramento, CA 95814; tel: 916-654-1532;
1-800-952-4253 (California Only)
Colorado: Division of Child Support Enforcement, 1575 Sherman Street,
2nd Floor, Denver, CO 80203-1714, tel: 303-866-5994; fax: 303-866-2214
Connecticut: Department of Social Services, Bureau of Child Support
Enforcement, 25 Sigourney Street, Hartford, CT 06105-5033; tel: 203-566-1830;
fax: 203-951-2996; 1-800-228-5437 (problems); 1-800-647-8872 (information);
1-800-698-0572 (payments), 1-800-228-KIDS (most wanted)
Delaware: Division of Child Support Enforcement, Deleward Health and
Social Services, 1901 North Dupont Hwy, P.O. Box 904, New Castle, DE 19720; tel:
302-577-4863; fax: 302-577-4873,
District of Columbia: Office of Paternity and Child Support
Enforcement, Department of Human Services, 613 G Street NW, 10th Floor,
Washington, D.C. 20001; tel: 202-724-8800; fax: 202-724-5154.
Florida: Child Support Enforcement Program, Department of Revenue,
P.O. Box 8030, Tallahassee, FL 32314-8030; tel: 904-922-9590; fax: 904-488-4401;
1-800-622-5347
Georgia: Child Support Enforcement, 2 Peachtree Street, N.W., Suite
15-107, P.O. Box 38450, Atlanta, GA 30334-0450; tel: 404-657-3851; fax:
404-657-3326; 1-800-227-7993
Guam: Department of Law, Child Support Enforcement Office, 238
Archbishop F.C. Flores, 7th Floor, Agana, GU 96910, tel: 011-671-475-3360.
Hawaii: Child Support Enforcement Agency, Department of Attorney General,
680 Iwilei Rd., Suite 490, Honolulu, HI 96817; 808-587-3698
Idaho: Bureau of Support Services, Department of Health and Welfare,
450 West State Street, 5th Floor, Boise, ID 83720-5005; 208-334-5710; fax:
208-334-0666;1-800-356-9868
Illinois: Child Support Enforcement Division, Illinois Department of
Public Aid, 201 South Grand Avenue East, Springfield, IL 62763-0001;
217-524-4602; fax: 217-524-4608; 1-800-447-4278
Indiana: Child Support Bureau, 402 West Washington Street, Room W360,
Indianapolis, IN 46204, 317-232-4894; fax: 317-233-4925; 1-800-622-4932
Iowa: Bureau of Collections, Department of Human Services, Hoover
Building, 5th Floor, Des Moines, IA 50319, 515-281-5580; 515-281-4597
Kansas: Child Support Enforcement Program, Department of Social and
Rehabilitative Services, P.O. Box 497, Topeka, KS 66601; Street Address: 300
S.W. Oakley Street, Biddle Building, Topeka, KS 66606; 913-296-3237; fax:
913-296-5206; 1-800-432-0152 (withholding); 1-800-570-6743 (collections);
1-800-432-3913 (fraud hotline)
Kentucky: Division of Child Support Enforcement, Cabinet for Human
Resources, 275 East Main Street, 6th Floor East, Frankfort, KY 40621; tel:
502-564-2285; fax: 502-564-5988; 1-800-248-1163
Louisiana: Support Enforcement Services, Office of Family Support,
P.O. Box 94065, Baton Rouge, LA 70804-4065; 504-342-4780; fax: 504-342-7397;
1-800-256-4650 (payments)
Maine: Division of Support Enforcement and Recovery, Bureau of Income
Maintenance, Department of Human Services, State House, Station 11, Whitten
Road, Augusta, ME 04333; 207-287-2886; fax: 207-287-5096; 1-800-371-3101
Maryland: Child Support Enforcement Administration, Department of
Human Resources, 311 West Saratoga Street, Baltimore, MD 21201, tel:
410-767-7619; fax: 410-333-8992; 1-800-332-6347; 1-800-638-3912
Massachusetts: Child Support Enforcement Division, Department of
Revenue, 141 Portland Street, Cambridge, MA 02139-1937; 617-577-7200; fax:
617-621-4991; 1-800-322-2733
Michigan: Office of Child Support, Department of Social Services, P.O.
Box 30037, Lansing, MI 48090, 235 South Grand Ave, Suite 1406, Lansing, MI
48933; 517-373-7570; fax: 517-373-4980
Minnesota: Office of Child Support Enforcement, Department of Human
Services, 444 Lafayette Road, 4th Floor, St. Paul, MN 55155-3846, tel:
612-296-2542; fax: 612-297-4450
Mississippi: Division of Child Support Enforcement, Department of
Human Services, P.O. Box 352, Jackson, MS 39205; Street Address: 750 N. State
Street, Jackson MS 39202; 601-359-4500; fax: 601-359-4415; 1-800-948-4010
Missouri: Department of Social Services, Division of Child Support
Enforcement, 227 Metro Dr., P.O. Box 1527, Jefferson City, MO 65102-1527, tel:
314-751-4301; fax: 314-751-8450; 1-800-859-7999
Montana: Child Support Enforcement Division, Department of Public
Health and Human Services, P.O. Box 202943, Helena, MT 59620-4943, Street
Address: 3075 North Montana Avenue, Helena, MT 59601; tel: 406-442-7278; fax:
406-444-1370; 1-800-346-5437
Nebraska: Child Support Enforcement Office, Department of Social
Services, P.O. Box 95026, Lincoln, NE 68509; Street Address: 301 Centennial Mall
S., 5th Floor, Lincoln, NE 68509; tel: 402-471-9103; fax: 402-471-9455;
1-800-831-4573
Nevada: Child Support Enforcement Program, Nevada State Welfare
Division, 2527 North Carson St., Carson City, NV 89610, tel: 702-687-4744;
1-800-922-0900
New Hampshire: Office of Child Support Division of Human Services,
Health and Human Services Bldg., 6 Hazen Dr., Concord, NH 03301, tel:
603-271-4787; fax: 603-271-4787; 1-800-852-3345, ext. 4427
New Jersey: Division of Family Development, Department of Human
Services, Bureau of Child Support and Paternity Programs, CN 716, Trenton, NJ
08625-0716; tel: 609-588-2915; fax: 609-588-2354; 1-800-621-5437
New Mexico: Child Support Enforcement Bureau, Department of Human
Services, P.O. Box 25109, Santa Fe, NM 87504; Street Address: 2025 S. Pacheco,
Santa Fe, NM 87504, tel: 505-827-7200; fax: 505-827-7285; 1-800-432-6217
New York: Office of Child Support Enforcement, Department of Social
Services, P.O. Box 14, Albany, NY 12260; Street Address: One Commerce Plaza,
Albany, NY 12260; tel: 518-474-9081; fax: 518-486-3127; 1-800-342-2009;
1-800-846-0773 (account info)
North Carolina: Child Support Enforcement Section, Division of Social
Services, Department of Human Resources, 100 East Six Forks Road, Raleigh, NC
27609-7750; tel: 919-571-4114; fax: 919-571-4126; 1-800-992-9457
North Dakota: Department of Human Services, Child Support Enforcement
Agency, P.O. Box 7190, Bismarck, ND 58507; tel: 701-328-3582; fax: 701-328-5497;
1-800-755-8530
Ohio: Office of Child Support Enforcement, Department of Human
Services, 30 East Broad St., 31st Fl., Columbus, OH 43266-0423; tel:
614-752-6561; fax: 614-752-9760; 1-800-686-1556
Oklahoma: Department of Human Services, P.O. Box 53552, Oklahoma City, OK
73125; Street Address: 2409 N. Kelley Ave, Annex Bldg, Oklahoma City, OK 73111;
tel: 405-522-2753; fax: 405-522-2753; 1-800-522-2922,
Oregon: Recovery Services Section, Adult and Family Services Division,
Department of Human Resources, P.O. Box 14170, Salem, OR 97309; Street Address:
260 Liberty St. N.E., Salem, OR 97309
Pennsylvania: Bureau of Child Support Enforcement, Department of
Public Welfare, P.O. Box 8018, Harrisburg, PA 17105; tel: 717-787-3672; fax:
717-787-9706; 1-800-932-0211
Puerto Rico: Child Support Enforcement, Department of Social Services,
P.O. Box 3349, San Juan, PR 00902-9938, Street Address: Majagua Street, Bldg. 2,
Wing 4, 2nd Floor, Miramar, PR 00902-0038; tel: 809-722-4731; fax: 809-723-6187.
Rhode Island: Rhode Island Child Support Services, Department of Human
Services, 77 Dorrance Street, Providence, RI 02903; tel: 401-277-2847; fax:
401-277-6674; 1-800-922-0536
South Carolina: Department of Social Services, Child Support
Enforcement Division, P.O. Box 1469, Columbia, S.C. 29202-1469, Street Address:
3150 Harden St., Columbia, S.C. 29202-1469; tel: 803-737-5870; fax:
803-737-6032; 1-800-768-5858
South Dakota: Office of Child Support Enforcement, Department of
Social Services, 700 Governor's Drive, Pierre, DS 57501-2291; tel: 605-773-3641;
605-773-3165; fax: 605-773-4855; fax: 605-773-6834
Tennessee: Child Support Services, Department of Human Services,
Citizens Plaza Bldg, 12th Floor, 400 Deadrick St., Nashville, TN 37248-7400;
tel: 615-741-2441; fax: 615-532-2791; 1-800-874-0530
Texas: Office of the Attorney General, State Office Child Support
Division, P.O. Box 12017, Austin, TX 78711-2017; tel: 512-463-2181; fax:
512-479-6478; 1-800-252-8014,
Utah: Bureau of Child Support Services, Department of Human Services,
P.O. Box 45011, Salt Lake City, UT 84145-0011; tel: 801-536-8500; fax:
801-536-8509; 1-800-257-9156
Vermont: Office of Child Support, 103 South Main St., Waterbury, VT
05671-1901; tel: 802-241-2319; fax: 802-244-1483; 1-800-786-3214
Virgin Islands: Paternity and Child Support Division, Department of
Justice, GERS Bldg, 2nd Floor, 48B-50C Krondprans Gade, St. Thomas, VI 00802;
tel: 809-774-5666; fax: 809-774-9710.
Virginia: Division of Support Enforcement, Department of Social
Services, 730 East Broad St., Richmond, VA 23219; tel: 804-692-2458;
804-692-1428; fax: 804-692-1405; 1-800-468-8894
Washington: Support Enforcement Division, DSHS, P.O. Box 9162,
Olympia, WA 98507-9162, Street Address: 712 Pear St., S.E., Olympia, WA 98507;
tel: 206-586-3162; fax: 206-586-3274; 1-800-457-6202
West Virginia: Child Support Enforcement Division, Department of
Health and Human Resources, 1900 Kanawha Blvd. East, Capitol Complex, Bldg 6, Rm
817, Charleston, WV 25305; tel: 304-558-3789; 1-800-249-3778
Wisconsin: Division of Economic Support, P.O. Box 7935, Madison, WI
53707-7935, Street Address: 1 West Wilson St., Room 382, Madison, WI 53707; tel:
608-266-9909; fax: 608-267-2824
Wyoming: Child Support Enforcement, Department of Family Services,
Hathaway Bldg, 2300 Capital Ave., Cheyenne, WY 82002-0710; tel: 307-777-7631;
fax: 307-777-7631; fax: 307-777-7747; 1-800-457-3659
APPENDIX D
UIFSA/URESA AND RECIPROCAL ARRANGEMENTS FOR ENFORCEMENT
UIFSA/URESA AND INTERNATIONAL ENFORCEMENT: The Uniform
Reciprocal Enforcement of Support Act (URESA) was first developed in 1950 by the
National Conference of Commissioners on Uniform State Laws (NCCUSL) (See the
NCCUSL Home Page at http://www.law.upenn.edu/library/ulc/ulc.htm.),
and was revised significantly in 1968 (RURESA). In August, 1992, an almost
wholly new Act was completed to replace URESA/RURESA and was renamed the Uniform
Interstate Family Support Act (UIFSA). The interstate support laws have been
enacted in all of the states.
International reciprocal enforcement has been based exclusively on parallel
unilateral policy declarations or determinations to avoid violating the
prohibition of the United States Constitution with regard to compacts by the
States of the United States with foreign powers. (See Vol. III, Cumulative
Digest of United States Practice in International Law, 1981-1988, U.S.
Department of State, Office of the Legal Adviser, 3695-3697 (1995); Nash,
Foreign Child Support Judgments: Declarations of Reciprocity by States, Digest
of United States Practice in International Law 1980, Office of the Legal
Adviser, U.S. Department of State, 499,502 (1986). Section 101(19) (definitions)
of UIFSA amendments of 7/18/96 provides that the term "state" includes
a foreign jurisdiction that has enacted a law or establishes procedures for
issuance and enforcement of support orders which are substantially similar to
the procedures of UIFSA, URESA or RURESA. The states generally determine whether
reciprocity is possible based on the following standards: 1) the country will
enforce the child support obligation, collect the money and send it to the
requesting state, whether or not there is an existing order; 2) the order will
be enforced if recognizable under the laws and procedures of the country, and if
it is not recognized or no order exists, an order or its equivalent will be
obtained; 3) the system will deal with both in and out of wedlock children, and
a determination of paternity will be made if possible in the circumstances; 4)
each country will use its own laws and procedures; 5) there will be no means
test for legal services, and no charge for legal assistance or the services of
government offices or personnel.
HOW STATES PROCESS RECIPROCAL CASES: To satisfy the requirement of
URESA/RURESA that a copy of the "state's" reciprocal act accompany the
petition, a summary of the laws applicable to the enforcement of support was
developed, by the foreign country involved. Where the language was not English,
bilingual forms were created. The forms are now being revised with the
assistance of many of the 20 countries with which the state reciprocal
arrangements now exist. Finally, each country has designated an agency to act as
a "Central Authority" to supervise the arrangement and ensure that
petitions are processed and to provide assistance locating absent parents in
arrears for child support when possible. Petitions, whether to or from the
United States, are transmitted through one of the official agencies. The
bilingual forms must be used to transmit cases, and other documents must be
translated into the language of the responding country. State child support
enforcement offices should have these model forms available. If your state
officials are not familiar with the process, they may wish to contact a state
experienced in these procedures such as California, Texas or Illinois for sample
bilingual forms. In the United States, these cases are handled through the
public offices of the states for domestic child support cases -- almost always
the state IV-D offices -- for both enforcement of U.S. cases abroad and
enforcement of foreign cases in the U.S. (incoming and outgoing cases). Private
counsel handling a case may refer the client to the state public agency, or,
using the forms, forward the case through the state public agency. States may
vary in how such cases are handled. The existence of this system does not, of
course, preclude an applicant or counsel, public or private, from also retaining
or associating with counsel in the responding country and proceeding directly,
using normal court rules and procedures.
RECIPROCATING COUNTRIES: States in the U.S. now have reciprocating
arrangements with the following countries: Australia, Austria, Bermuda,
Canada (by province) Czech Republic, Fiji, Finland, France, Germany, Hungary,
Ireland, Jamaica, Mexico, New Zealand, Norway, Poland, Slovak Republic, South
Africa, Sweden, United Kingdom (England, Scotland, N. Ireland). This list
may not be complete as states develop arrangements independently and new Federal
initiatives progress. Check with your state child support enforcement agency,
the National Child Support Enforcement Association or the U.S. Department of
Health and Human Services, Office of Child Support Enforcement for new
developments pertaining to a particular state or country. The possibility of
such reciprocal arrangements has been discussed with a number of other countries
throughout the world by a small group of state officials representing their
individual states, the National Child Support Enforcement Association (NCSEA),
and the Family Law Section of the American Bar Association (ABA). Under the
provisions of the PRWORA, states may continue to enter into their own reciprocal
agreements with other countries.
FEDERAL INITIATIVES: The Department of State, Office of the Legal
Adviser for Private International Law and the Department of Health and Human
Services, Office of Child Support Enforcement is now proceeding with discussions
with specific foreign countries on reciprocal declarations and bilateral
agreements. On September 5, 1997, Ireland was declared a foreign reciprocating
country in compliance with 42 U.S.C. 659A by the Acting Secretary of State with
the concurrence of the Secretary of Health and Human Services. Moreover, also on
September 5, 1997, the Acting Secretary of State delegated authority to the
Department of State Legal Adviser and the Assistant Secretary for Consular
Affairs with regard to declaration of foreign countries to be reciprocating
countries under Section 371 of P.L. 104-193 and the conclusion of related
Executive Agreements. Discussions with other countries are underway as
authorized by the PRWORA (Pub. L. 104-193) of 1996. The Department of State is
also exploring the possibility of becoming party to a multilateral treaty on
child support enforcement. For updates on the project, see the Department of
State, Office of the Legal Adviser for Private International Law (L/PIL) Home
Page on the Internet: http//www.his.com/
under Family Law projects.
APPENDIX E
COUNTRIES WITH RECIPROCAL ARRANGEMENTS - CENTRAL AUTHORITIES
AUSTRALIA: Attorney-General's Department, International Civil and
Privacy Branch, National Circuit, Canberra, ACT 2600 Australia; tel:
011-61-6-250-6211; fax: 011-61-6-250-5939.
AUSTRIA: Federal Ministry of Justice, P.O. Box 63, A-1016 Vienna,
Austria.
BERMUDA: The Family and Child Support Officer, Magistrates' Court, 23
Parliament Street, Hamilton HM 12, Bermuda.
CANADA: Competent Authorities in Canadian Provinces and Territories with
Reciprocal Arrangements with U.S. States:
Alberta: Alberta Justice, Maintenance Enforcement, P.O. Box 2404, Edmonton,
Alberta, Canada T5J 3Z7; tel: 1-403-422-5554; fax: 1-403-422-1215
British Columbia: Family Justice Programs Division, Reciprocal Program,
#304-1175 Cook Street, Victoria, British Columbia, Canada V8V 4A1; tel:
1-604-356-1555; x1560; x1563; fax: 1-604-356-8902
Manitoba: Manitoba Justice, Maintenance Enforcement Program, Woodworth
Building, 2nd Floor, 405 Broadway, Winnipeg, Manitoba, Canada R3C 3L6; tel:
1-204-945-7133; fax: 1-204-945-5449
New Brunswick: Registrar's Office, Court of Queen's Bench, Justice Bldg.,
Room 201, P.O. Box 6000, Fredericton, New Brunswick, Canada E3B 5H1; tel:
1-506-453-2452; fax: 1-506-453-7921
New Foundland/Labrador: Director of Support Enforcement, P.O. Box 2006,
Corner Brook, New Foundland, Canada A3H 6J8; tel: 1-709-637-2608; 1-709-634-9518
Northwest Territories: Commissioner, Government of the N.W.T., P.O. Box 1320,
Yellowknife, N.W.T., Canada X1A 2L9; tel: 1-403-873-7400; fax: 1-403-873-0223.
Nova Scotia: Courts and Registries Division, Department of Justice, P.O. Box
7, Halifax, Nova Scotia, Canada B3J 2L6; tel: 1-902-424-4030; fax:
1-902-424-4556
Prince Edward Island: Maintenance Enforcement Office, 42 Water Street, P.O.
Box 2290, Charlottetown, P.E.I., Canada C1A8C1; tel: 1-902-368-6010; fax:
1-902-368-0266
Ontario: Ministry of the Attorney General, Family Support Plan, London, 55
Yonge Street 3rd Floor, Toronto, Ontario M5E 1J4; tel: 1-416-326-2556; fax:
1-416-326-2568
Quebec: Deputy Attorney General, Ministre de Justice, Government of Quebec,
Direction de la loi sur l'administration et privee, 1200 Route De L'Englise 2
Etage, Sainte Foy, Quebec, Canada G1W4M1.
Saskatchewan: Saskatchewan Justice, Maintenance Enforcement Office, P.O. Box
2077, Regina, Saskatchewan, Canada S4P 4E8; tel: 1-306-787-8961; fax:
1-306-787-1420.
Yukon Territory: Maintenance Enforcement Program, P.O. Box 4066, Whitehorse,
Yukon, Canada Y1A 3S9; tel: 1-403-667-5437; fax: 1-403-667-4116.
CZECH REPUBLIC: Central Office for International Legal Protection of
Juveniles, Benesova 22, 602 00 Brno, Czech Republic. (Ustredi Pro Mezinarodne
Pravni, Ochranu Mladeze).
FIJI: Attorney General, Attorney General's Chambers, Government Bldg.,
Suva, Fiji
FINLAND: Ministry of Foreign Affairs, c/o Embassy of Finland, Groot
Hertoginnelaan 16, 2517 EG The Hague, The Netherlands; Mrs. Eila Kurki-Suonio,
Legal Officer, Merikasarmi B 1, P.O.B. 176, Fin-00161, Helsinki, Finland.
FRANCE: Ministere de la Justice, Service des Affaires Europeenes et
Internationales, Bureau L 1, 13 Place Vendome, 75042 Paris, Cendex 01, France.
GERMANY: Der Generalbundesanwalt beim Bundesgerichtshof, Zentrale
Behorde, (Ministry of Justice Federal Prosecutor at the Federal Court of
Justice), Neuenburger Strasse 15, 10969 Berlin, Germany
HUNGARY: Ministry of Justice, Igazsagugy Miniszterium, Ministry of
Justice, Szalay U. 16, Budapest, Hungary.
IRELAND: Department of Equality and Law Reform, Mr. Michael Gleeson,
43-49 Mespil Road, Dublin 4, Ireland. (NOTE: On September 5, 1997, the
U.S. Acting Secretary of State, with the concurrence of the Secretary of Health
and Human Services, designated Ireland a foreign reciprocating country in family
support enforcement in compliance with the requirements of 42 U.S.C. 659A.)
JAMAICA: Child Services Division, 10A Chelsea Avenue, Kingston 10,
Jamaica.
MEXICO: Secretaria de Relaciones Exteriores, Consultoria Juridica
Homero #213, Piso 17, Col. Chapultepec Morales, Mexico, D.F., C.P. 11570, Tel:
011-525-254-73-18; 011-525-327-32-10; 011-525-254-73-16; Fax: 011-525-254-73-16
NEW ZEALAND: Secretary for Justice, Private Bag 180, Postal Center,
Wellington, New Zealand.
NORWAY: National Insurance Office for Social Insurance Abroad, Child
Support Division, Post boks 8138 Dep. N-0033, Oslo, Norway.
POLAND: Ministry of Justice, (Ministerstwo Sprawiedlivosci), Al.
Ujazdowskie 11, 00950-Warsaw, Poland; Consul General, Republic of Poland, 1430
N. Lake Shore Drive, Chicago, IL 60610; or Pekao Trading Corporation, 2 Park
Avenue, New York, N.Y. 10016.
SLOVAK REPUBLIC: Center for International Legal Protection of Children
and Youth, Centrum pre medzinzrodno-pravnu, ochranu deti a mladeze, Pitalska 6,
P.O. Box 57, 814 99 Bratislava, Slovak Republic.
SOUTH AFRICA: The Director-General, Departy of Justice, Attn: Diverse
Legal Matters, Private Bag x81, Pretoria, South Africa 0001.
SWEDEN: Stockholm County Social Insurance Office, Enforcement
Division, (Forsakringskassan, Stockholms Lan, Utlandsavdelningen), BDF, S-105 11
Stockholm, Sweden.
UNITED KINGDOM:
England and Wales: Reciprocal Enforcement of Maintenance, Lord Chancellor's
Department, Selborne House 54/60 Victoria St., London SW1E 6QW, U.K.
Scotland: The Scottish Courts, Administration, Hayweight House, 23 Lauriston
St.,
Edinburgh EH3 9DQ, Scotland.
Northern Ireland: The Lord Chancellor's Department, Windsor House, Bedford
St., Belfast, BT2 7EA, Ireland.
APPENDIX F
TREATIES AND OTHER INTERNATIONAL AGREEMENTS
(While most of these agreements are not in force for the United
States, their existence can prove useful in international child support cases.
If a country is a party or signatory to one or more of these agreements, your
attorney or state office of child support enforcement may wish to consider
referring to this fact when approaching the foreign country or foreign employer
for assistance. In this context, provide the foreign contact with information
about the laws of your state which could enable a child support order from the
foreign country to be enforced in your state. This collegial approach, appealing
to the spirit of reciprocity can be helpful. The Department of State is not the
record keeping repository for treaties to which the United States is not a
party. For up to date information regarding the countries where these agreements
are in force, consult the Internet Treaty Databases noted below.)
1. Hague Conventions:
A. Hague Convention on Law Applicable to Obligations to Support Minor
Children, 510 UNTS 161; 5 Am. J. Comp. L. 656 (1956). (IN FORCE: Austria,
Belgium, France, Germany, Italy, Japan, Luxembourg, Netherlands, Portugal,
Spain, Switzerland, Turkey)
B. Hague Convention Concerning the Recognition and Enforcement of Decisions
Involving Obligations to Support Minor Children (1956), 539 UNTS 27; 5 Am. J.
Comp. L. 658; 856 UNTS 233; 865 UNTS 296. (IN FORCE: Austria, Belgium,
France, Germany, Italy, Japan, Liechtenstein, Luxembourg, Netherlands, Portugal,
Spain, Switzerland, Turkey. Czechoslovakia, Denmark and Hungary entered into
force 11/29/72, but only with regard to each other. See 854 UNTS 219 (1973)).
C. Hague Convention on the Recognition and Enforcement of Decisions Relating
to Maintenance Obligations, 21 Am. J. Comp. L. 156 (1973). (IN FORCE:
France, Germany, Italy, Japan, Luxembourg, Netherlands, Portugal, Spain,
Switzerland, Turkey).
2. United Nations Conventions and other Agreements or Instruments:
A. United Nations Convention on the Recovery Abroad of Maintenance (UNCRAM),
"the New York Convention", 268 UNTS 3, No. 3850, (1956). (IN FORCE:
Algeria, Argentina, Australia, Austria, Barbados, Belgium, Bolivia,
Bosnia-Herzegovina, Brazil, Burkina Faso, Cape Verde, Chile, Cyprus, Czech
Republic, Denmark, Ecuador, El Salvador, Finland, France, Germany, Greece,
Guatemala, Haiti, Hungary, Israel, Italy, Luxembourg, Mexico, Monaco, Morocco,
Netherlands, New Zealand, Norway, Pakistan, Philippines, Poland, Portugal,
Romania, Slovak, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland,
Tunisia, Turkey, United Kingdom, Venezuela, former Yugoslavia.)
B. U.N. Convention on the Rights of the Child (1989); U.N. Doc. A/44/25.
(Article 27 (4) provides "states parties shall take all appropriate
measures to secure the recovery of maintenance for the child from the parents or
other persons having financial responsibility for the child, both within the
State Party and from abroad. In particular, where the person having financial
responsibility for the child lives in a State different from that of the child,
States Parties shall promote the accession to international agreements or the
conclusion of such agreements, as well as the making of other appropriate
arrangements." No specific enforcement procedures.) The United States is
a signatory, but not a party to the Convention (the Convention is not in force
for the U.S.) IN FORCE: Afghanistan, Albania, Algeria, Andorra,
Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan,
Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan,
Bolivia, Bosnia & Herzegovina, Botswana, Brazil, Brunei, Cambodia, Cameroon,
Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia,
Comoros, Democratic Republic of Congo, Costa Rica Cote d'Ivoire, Croatia, Cuba,
Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic,
Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia,
Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada,
Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Holy See, Honduras, Hungary,
Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan,
Jordan, Kazakstan, Kenya, Kiribati, Korea (North), Korea (South), Kuwait,
Kyrgystan, Laos, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein,
Lithuania, Luxembourg, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali,
Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Moldova,
Monaco, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal,
Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Niue, Norway, Oman, Palau,
Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland,
Portugal, Qatar, Romania, Russian Federation, Rwanda, St. Kitts & Nevis, St.
Lucia, St. Vincent & the Grenadines, Samoa (Western), San Marino, Sao Tome
and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore,
Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Sudan,
Suriname, Swaziland, Sweden, Switzerland, Syria, Tajikistan, Tanzania, Thailand,
Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmanistan, Tuvalu, Uganda,
Ukraine, United Arab Emirates, United Kingdom, Uruguay, Uzbekistan, Vanuatu,
Venezuela, Vietnam, Yeman, Yugoslavia, Zaire, Zambia, Zimbabwe.
C. Universal Declaration of Human Rights (1948). (Article 25 (1) and (2)
contain general provisions regarding the right to an adequate standard of living
and the right to special care and assistance for children. There are no specific
enforcement procedures.) While it is not legally binding, the Universal
Declaration offers a common standard applicable to all U.N. members, against
which nations can measure treatment of citizens. VOTING IN FAVOR:
Afghanistan, Argentina, Australia, Belgium, Bolivia, Brazil, Burma, Canada,
Chile, China, Colombia, Costa Rica, Cuba, Denmark, the Dominican Republic,
Ecuador, Egypt, El Salvador, Ethiopia, France, Greece, Guatemala, Haiti,
Iceland, India, Iran, Iraq, Lebanon, Liberia, Luxembourg, Mexico, Netherlands,
New Zealand, Nicaragua, Norway, Pakistan, Panama, Paraguay, Peru, Philippines,
Thailand (Siam), Sweden, Syria, Turkey, United Kingdom, United States, Uruguay,
Venezuela.
3. Regional Conventions and Other Agreements:
A. Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil
and Commercial Matters (1968) and the parallel Lugano Convention on Jurisdiction
and the Enforcement of Judgments in Civil and Commercial Matters (1988), aka
"The Brussels-Lugano Conventions.
B. The InterAmerican Convention on Support Obligations, aka "The
Montevideo Convention" (1989). (IN FORCE: Guatamala (2/5/96),
Mexico) (7/29/94). The Convention entered into force on the thirtieth day
following the date of deposit of the second instrument of ratification.
C. The Rome Convention between Member States of the European Communities on
the Simplification of Procedures for the Recovery of Maintenance Payments
(1990).
D. Convention Between Norway, Denmark, Finland, Iceland, and Sweden
Concerning Recovery of Maintenance Contributions, 268 UNTS 44, No. 6793 (1962).
4. Other Agreements or Instruments:
International Convenant on Civil and Political Rights (1966). (In force
for the United States.) Article 23 (4) provides that "states
parties to the present Covenant shall take appropriate steps to ensure equality
of rights and responsibilities of spouses as to marriage, during marriage and at
its dissolution. In the case of dissolution, provision shall be made for the
necessary protection of any children." The Covenant does not contain
enforcement provisions. IN FORCE: Afghanistan, Albania, Algeria, Angola,
Argentina, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus, Belgium,
Benin, Bolivia, Bosnia-Herzegovina, Brazil, Bulgaria, Burundi, Cambodia,
Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, Colombia,
Congo, Costa Rica, Cote d'Ivoire, Croatia, Cyprus, Czech Republic, Denmark,
Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea,
Estonia, Ethiopia, Finland, France, Gabon, Gambia, Georgia, Germany, Grenada,
Guatemala, Guinea, Guyana, Haiti, Hungary, Iceland, India, Iran, Iraq, Ireland,
Israel, Italy, Jamaica, Japan, Jordan, Kenya, Korea (North), Korea (South),
Kyrgz Rep., Latvia, Lebanon, Lesotho, Libya, Lithuania, Luxembourg, Madagascar,
Malawi, Mali, Malta, Mauritius, Mexico, Moldova, Mongolia, Morocco, Mozambique,
Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway,
Panama, Paraguay, Peru, Philippines, Poland, Portugal, Romania, Russian
Federation, Rwanda, St. Vincent & the Grenadines, San Marino, Senegal,
Seychelles, Slovak Republic, Slovenia, Somalia, Spain, Sri Lanka, Sudan,
Suriname, Sweden, Switzerland, Syria, Tanzania, Togo, Trinidad & Tobago,
Tunisia, Uganda, Ukraine, United Kingdom, United States, Uruguay, Uzebekistan,
Venezuela, Vietnam, Yemen (Aden), Yugoslavia, Zaire, Zambia, Zimbabwe)
Treaty Databases on the Internet: Information on which countries are party
to a particular treaty is available from the following databases:
United Nations (UN): http://www.un.org/
under Databases/Treaties at http://www.un.org/Depts/Treaty/;
Council of Europe (COE): http://www.coe.fr/eng/legaltxt/treaties.htm
under Texts/Treaties http://www.coe.fr.80/eng/legaltxt/treaties.htm;
Organization of American States (OAS): http://www.oas.org/
under Public Information/Documents/Treaties at gopher://oasunix1.oas.org:70/11/pub/english/treaties.
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