42 USC 659a - International support enforcement

U.S Code last checked for updates: Nov 22, 2024

§ 659a.

International support enforcement

(a)

Authority for declarations

(1)

Declaration

(2)

Revocation

A declaration with respect to a foreign country made pursuant to paragraph (1) may be revoked if the Secretaries of State and Health and Human Services determine that—

(A)

the procedures established by the foreign country regarding the establishment and enforcement of duties of support have been so changed, or the foreign country’s implementation of such procedures is so unsatisfactory, that such procedures do not meet the criteria for such a declaration; or

(B)

continued operation of the declaration is not consistent with the purposes of this part.

(3)

Form of declaration

(b)

Standards for foreign support enforcement procedures

(1)

Mandatory elements

Support enforcement procedures of a foreign country which may be the subject of a declaration pursuant to subsection (a)(1) shall include the following elements:

(A)

The foreign country (or political subdivision thereof) has in effect procedures, available to residents of the United States—

(i)

for establishment of paternity, and for establishment of orders of support for children and custodial parents; and

(ii)

for enforcement of orders to provide support to children and custodial parents, including procedures for collection and appropriate distribution of support payments under such orders.

(B)

The procedures described in subparagraph (A), including legal and administrative assistance, are provided to residents of the United States at no cost.

(C)

An agency of the foreign country is designated as a Central Authority responsible for—

(i)

facilitating support enforcement in cases involving residents of the foreign country and residents of the United States; and

(ii)

ensuring compliance with the standards established pursuant to this subsection.

(2)

Additional elements

(c)

Designation of United States Central Authority

It shall be the responsibility of the Secretary of Health and Human Services to facilitate support enforcement in cases involving residents of the United States and residents of foreign reciprocating countries or foreign treaty countries, by activities including—

(1)

development of uniform forms and procedures for use in such cases;

(2)

notification of foreign reciprocating countries and foreign treaty countries of the State of residence of individuals sought for support enforcement purposes, on the basis of information provided by the Federal Parent Locator Service; and

(3)

such other oversight, assistance, and coordination activities as the Secretary may find necessary and appropriate.

(d)

Effect on other laws

(e)

References

In this part:

(1)

Foreign reciprocating country

(2)

Foreign treaty country

(3)

2007 Family Maintenance Convention

(Aug. 14, 1935, ch. 531, title IV, § 459A, as added Pub. L. 104–193, title III, § 371(a), Aug. 22, 1996, 110 Stat. 2252; amended Pub. L. 113–183, title III, § 301(d), Sept. 29, 2014, 128 Stat. 1944.)

cite as: 42 USC 659a