UIFSA

CS 161P Communications Between Tribunals and Assistance With Discovery

07/02/04 Revised 01/17/18 Training Completed 01/31/18

45 CFR 303.7; U.C.A. 78B-14-317, 318

 

 

Introduction

 

At times it is necessary to communicate with another state, foreign country or political subdivision and/or request assistance with discovery without requiring a child support case be opened by the other agency.  Utah Code Annotated (U.C.A.) 78B-14-317 and 318 authorize and encourage communication and cooperation between tribunals of different states in an effort to expedite child support enforcement in intergovernmental proceedings.

 

Federal regulations, 45 CFR 303.7 states:

“(a) General responsibilities. A State IV–D agency must: . . .

(8)Cooperate with requests for the following limited services: Quick locate, service of process, assistance with discovery, assistance with genetic testing, teleconferenced hearings, administrative reviews, high-volume automated administrative enforcement in interstate cases under section 466(a)(14) of the Act, and copies of court orders and payment records. Requests for other limited services may be honored at the State’s option.”

 

 

Communications Between Tribunals

 

U.C.A. 78B-14-317 authorizes tribunals to communicate with each other (two-state case) to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state.  The Uniform Interstate Family Support Act (UIFSA) does not limit this communication to tribunals within the responding and initiating agencies.  For example, the responding tribunal may need to communicate with a tribunal in a state issuing the child support order that is not the initiating agency to obtain information concerning the order.  This type of communication may be in the form of a written record (i.e., Child Support Enforcement Transmittal #3 – Request for Assistance/Discovery form), by telephone or other means:

 

U.C.A. 78B-14-317 Communications between tribunals states:

“A tribunal of this state may communicate with a tribunal outside this state in a record, or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.”

 

Follow the procedures listed below in subsection Procedures – Assistance with Discovery for communicating with the other state.

 

 

Assistance with Discovery

 

U.C.A. 78B-14-318 authorizes and encourages tribunals within different states to cooperate in the discovery process.  It is reciprocal, which means a tribunal may ask for assistance in obtaining discovery from another state’s tribunal and should provide the same assistance when requested.  Each state’s laws are applicable regarding the means to compel discovery and the sanctions for non-compliance.

 

U.C.A. 78B-14-318 Assistance with discovery states:

“A tribunal of this state may: (1) request a tribunal outside this state to assist in obtaining discovery; and (2) upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.”

 

 

Procedures – Assistance with Discovery

 

The Office of Recovery Services/Child Support Services (ORS/CSS) may request or provide assistance to/from a tribunal of another state with the discovery process (i.e., depositions, birth certificates, payment history, etc) without requiring a child support case to be opened.  These types of requests should be made directly with the responding state using the appropriate transmittal and accompanying documents.  Follow the procedures below to:

 

1.                   Request assistance from a tribunal of another state.  To request the assistance of another state, complete the Child Support Enforcement Transmittal #3 – Request for Assistance/Discovery form (and when applicable the Child Support Agency Confidential Information Form).  Make sure the form includes your name, phone number, fax number, etc. as a point of contact for the other state.  The Child Support Enforcement Transmittal #3 – Request for Assistance/Discovery form allows you to request assistance with the following:

a.                   Obtain copies of documentation including:

i.                     Copies of orders, including certified copies when necessary; and

ii.                   Payment records, including certified payment records when necessary.

b.                  Service of process – If you are requesting service of process with a foreign county and the United States (U.S.) has previously signed a foreign reciprocal agreement with them, that country must provide service of process free in accordance with the reciprocal agreement;

c.                   Genetic testing;

d.                  Teleconference for hearing or deposition;

e.                  Administrative review;

f.                    Discovery;

g.                   AEI (high volume, automated administrative enforcement in interstate cases);

h.                  Assistance with a lien;

i.                     Obtain financial data/proof of respondent’s income – If a participant lives or recently lived outside of Utah, you may check this box to request the assistance from the other state in obtaining wage information for the purposes of establishing or modifying a child support obligation.  The other state’s IV-D agency can search its in-state income resources and provide the information available in that state.  Requesting this action on the form allows ORS to request limited assistance from another state without opening a child support case in state state ;

j.                    Other – If this box is checked, you must specify what assistance you are requesting; and,

k.                   Forward payments received by your agency’s State Disbursement Unit (SDU) to the requesting agency’s SDU for disbursement.

 

2.                   Provide Assistance.  ORS/CSS must also assist a tribunal of another state, upon its request, with the discovery process, using all methods and remedies currently available, including help with hearings.  The other tribunal may request assistance from the state with the following:

a.                   Provide Copies/Documentation including:

i.                     Copies of orders, including certified copies when necessary; and,

ii.                   Copies of payment records, including certified copies when necessary.

b.                  Service of process – Effective June 1, 2003, the United States Department of Justice (USDOJ) contracted with a private company to manage responsibilities for service of process on judicial documents sent by other countries.  The USDOJ previously provided service of process assistance on all child support matters at no cost; however, under the new contract, the private company charges fees for each request regardless of source or subject matter.  Foreign Reciprocating Countries may, however, request service of process assistance regarding child support obligations directly from the appropriate state IV-D agency, and the IV-D agency will provide, at no cost, service of process or other necessary notices;

c.                   Genetic testing;

d.                  Teleconference for hearing or deposition;

e.                  Administrative review;

f.                    Discovery;

g.                   AEI;

h.                  Assistance with a lien;

i.                     Obtain financial data/proof of respondent’s income;

j.                    Other – If this box is checked, the tribunal must specify what assistance is being requested; and,

k.                   Forward payments received by your agency’s SDU to the requesting agency’s SDU for disbursement.