UIFSA Parties Agreement income withholding “one-order” world (at home and abroad)

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Brick Layer
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UIFSA Parties Agreement income withholding “one-order” world (at home and abroad)

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The parties enter into an agreement ‘stipulation’ and is the order the judge simply signs onto it. Although not really cognized as such, family court orders are a court of equity’s creation of private law, Private International Law the Hague Child Support Convention (Convention) came into force in the United States. Uniform Interstate Family Support Act (UIFSA) law [Multilateral Treaty ‘private law’] governing child support since the “Welfare Reform” federal legislation all cases under the Convention a treaty into State Law.

The intent of federal IV-D legislation is to recoup taxpayer money already spent on providing specific welfare services to children who have been willfully abandoned by a parent or parents and left to rely on the government to self-sustain. States have statutes that provide that the payment of TANF benefits to the child creates a debt due from the parent or parents in the amount of the TANF benefit. Other States operate under the common law principle which maintains that a parent or parents are obligated to reimburse any person who has provided his child with food, shelter, clothing, medical attention, or education.

The purposes of the “friend of the court act” to encourage and assist parties voluntarily their legal obligations the financial cost to this state of providing public assistance.

42 USC § 666 Subsection (f), PL 104-193, 110 Stat. 2105 (1996) required states to enact UIFSA in order to receive Federal funding for child support programs. Under UIFSA, income withholding can be initiated. UIFSA includes a provision designed to ensure that there is only one valid child support order which can be enforced for current support “one-order” world. UIFSA § 701(6) must be read together with UIFSA § 710 to understand the process authorized in the Convention. For a friend of the court case, and agreement by the payer “the parties enter into a written agreement that is reviewed and entered in the record by the court” (the process authorized in the Convention). Compromise on Personal Jurisdiction parties’ agreement to jurisdiction, or jurisdiction based upon parental responsibility; Child Support at Home and Abroad, it is important to note that such an agreement [MCL 552.604] between the parties in the U.S. would be treated as a contract [a foreign agreement] enforceable as a contract in the issuing country and also fall within the scope of the Convention. Issues of personal jurisdiction over the parties, and considerations of the lack of notice or opportunity to be heard, will not arise with respect to the agreement, given its voluntary nature. UIFSA requires the complete text of the support agreement; an abstract or extract is not acceptable. The parties must be provided a copy of the voluntary support order …a legally enforceable and binding agreement (interstate contract).

PAYER'S PARTIES AGREEMENT
For a friend of the court case (period).

The Nevada Supreme Court in Morelli v. Morelli 102 Nev. 326, 720 P.2d 704 (1986) reasoned that the child is an intended third-party beneficiary of an agreement for support between the parents.

In California, commissioners need the WRITTEN stipulation of the parties litigant in the record before their orders can be valid. Family Code sec. 4251; in re Marriage of Monge; CRC 2.831.

In Michigan, for a friend of the court case, an AGREEMENT by the payer that he or she shall.... 552.604 Sect. 4. (3)(b) The parties enter into a WRITTEN AGREEMENT that is reviewed and entered in the record by the court... Michigan’s UIFSA Parties Agreement
income withholding “one-order” world (at home and abroad)

MCL 552.604
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Brick Layer
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Re: UIFSA Parties Agreement income withholding “one-order” world (at home and abroad)

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Private Law
Brick Layer wrote: Sat Sep 26, 2020 2:23 am The parties enter into an agreement ‘stipulation’ and is order the judge simply signs onto it. Although not really cognized as such, family court orders are a court of equity’s creation of private law, Private International Law the Hague Child Support Convention (Convention) came into force in the United States. Uniform Interstate Family Support Act (UIFSA) law [Multilateral Treaty ‘private law’]
Enforcement (or Defending Enforcement) of Family Court Orders
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Convention on the international recovery of child support Depositary: Netherlands
Private International Law Multilateral Treaties

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Every federal agency is responsible for responding to a state Child Support Enforcement as if the federal agency were a private business.
The Child Support Enforcement Program: A Legislative History
See: Personal Responsibility and Work Opportunity Reconciliation Act of 1996

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Brick Layer
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Re: UIFSA Parties Agreement income withholding “one-order” world (at home and abroad)

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Brick Layer wrote: Sat Sep 26, 2020 2:23 am The parties enter into an agreement ‘stipulation’ and is the order the judge simply signs onto it.
A STIPULATION IS A STATEMENT OF AGREEMENT OR ADMISSION OF FACTUAL INFORMATION, AN AGREEMENT MADE BY PARTIES OR BY THEIR ATTORNEYS IN A JUDICIAL PROCEEDING BEFORE THE COURT. STIPULATIONS ARE ENTERED INTO THE RECORD TO ASSIST THE COURT IN ESTABLISHING FACTS “NOT IN DISPUTE.” STIPULATIONS ARE ONLY BINDING BETWEEN THE PARTIES THAT MADE THE AGREEMENT, NOT ON THIRD PARTIES.

THE AGREEMENT IS THE ORDER AND THE JUDGE SIGNS ONTO IT... PRIVATE (INTERNATIONAL) LAW. UIFSA (INCOME WITHHOLDING) ONE ORDER WORLD FCR DATABASE (federal case registry), IN CONFORMITY TO (HAGUE) TREATY LAW.

TAKE NOTICE: The Child Support Agreement (stipulation of record) can be contained within a Separation Agreement and or Divorce Decree. An agreement inside of an agreement [an agreement inside of another agreement].

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Roller v. Roller A consent judgment of divorce is a contract and interpreted using principles of contract interpretation. Rose, 289 Mich App at 49. We review the interpretation of a contract de novo.
Reed, 265 Mich App at 141.

Child Support agreements are equivalent to interstate contracts
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Brick Layer
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Re: UIFSA Parties Agreement income withholding “one-order” world (at home and abroad)

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Brick Layer wrote: Sat Sep 26, 2020 2:23 am the Hague Child Support Convention (Convention) came into force in the United States. Uniform Interstate Family Support Act (UIFSA) law governing child support since the “Welfare Reform” federal legislation all cases under the Convention a treaty into State Law.
Hague Child Support Convention: Judicial Guide
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Re: UIFSA Parties Agreement income withholding “one-order” world (at home and abroad)

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Brick Layer wrote: Sat Sep 26, 2020 2:23 am The intent of federal IV-D legislation is to recoup taxpayer money already spent on providing specific welfare services to children who have been willfully abandoned by a parent or parents and left to rely on the government to self-sustain.
Follow The Money flow chart
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A Guide For Judges In Child Support Enforcement Second Edition
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Appendix A Imputing IV-D Status
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Brick Layer
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Re: UIFSA Parties Agreement income withholding “one-order” world (at home and abroad)

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Brick Layer wrote: Sat Sep 26, 2020 2:23 am States have statutes that provide that the payment of TANF benefits to the child creates a debt due from the parent or parents in the amount of the TANF benefit. Other States operate under the common law principle which maintains that a parent or parents are obligated to reimburse any person who has provided his child with food, shelter, clothing, medical attention, or education.
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SECTION 8. CHILD SUPPORT ENFORCEMENT PROGRAM
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A GUIDE FOR JUDGES IN CHILD SUPPORT ENFORCEMENT SECOND EDITION
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Child Support Process: Administrative vs. Judicial
Many states use a hybrid, or quasi-judicial process, which incorporates some judicial elements mixed with administrative processes.
Administrative and Judicial Processes for Establishing Child Support Orders

A GUIDE FOR JUDGES IN CHILD SUPPORT ENFORCEMENT SECOND EDITION
A CASE RECORD MUST BE ESTABLISHED
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The Pundit Michigan's Source for Child Support Information
High-Performing Child Support Programs: [expedited processes]
Each child support case Case-Specific and are Evidence-Based
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APPENDIX GLOSSARY OF CHILD SUPPORT ENFORCEMENT TERMS
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Expedited Processes
45 CFR § 303.101 — Expedited Processes
§ 303.101(c)(3) '...copy of the Voluntary Support Order!'

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PRWORA also included provisions requiring that the State IV-D agency has the authority to issue income withholding orders administratively. (See 42 U.S.C. 666(c)(1)(F))
42 U.S. Code § 666 - Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement
42 U.S. Code § 666 (c)(1)(F) Income withholding
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Income Withholding for Child Support Techniques for Effective Management of Program Operations (TEMPO) Office of Child Support Enforcement
Statutory and Regulatory Authority for Income Withholding Allocation
Michigan IV-D Child Support Manual Michigan Department of Health and Human Services
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45 CFR § 303.100 (b)(ii) "A written agreement is reached..."

Assignment of rights to support
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Family Court Title IV-D CSE UIFSA Treaty (Law) Education
Even if a tribunal has personal jurisdiction over both parties, absent agreement of the parties it does not have subject matter jurisdiction...
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Brick Layer
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Re: UIFSA Parties Agreement income withholding “one-order” world (at home and abroad)

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Brick Layer wrote: Sat Sep 26, 2020 2:23 am The purposes of the “friend of the court act” to encourage and assist parties voluntarily their legal obligations the financial cost to this state of providing public assistance.
The purposes of the “friend of the court act” to encourage and assist parties voluntarily (by agreement) [parties agreement] their legal obligations the financial cost to this state of providing public assistance (for the care of children) [in general].

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Parties Legal Obligation
"...not exceeding the total amount of assistance so paid to the family, which accrues during the period that the family receives assistance under the program."
42 U.S.C. Code § 608(a)(3)
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Failure of any State to Maintain Certain Level of Historic Effort
42 U.S.C. Code § 609(7)
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Brick Layer
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Re: UIFSA Parties Agreement income withholding “one-order” world (at home and abroad)

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Brick Layer wrote: Sat Sep 26, 2020 2:23 am 42 USC § 666 Subsection (F), PL 104-193, 110 Stat. 2105 (1996) required states to enact UIFSA in order to receive Federal funding for child support programs. Under UIFSA, income withholding can be initiated. UIFSA includes a provision designed to ensure that there is only one valid child support order which can be enforced for current support “one-order” world.
Child Support Enforcement Handbook
https://www.in.gov/ipac/files/Child_Sup ... BAWJ1IedVI
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HANDBOOK ON CHILD SUPPORT ENFORCEMENT
"one-order" world
As a condition of funding under title IV-D of the Social Security Act, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) required states to enact UIFSA
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Brick Layer
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Re: UIFSA Parties Agreement income withholding “one-order” world (at home and abroad)

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Brick Layer wrote: Sat Sep 26, 2020 3:10 am A GUIDE FOR JUDGES IN CHILD SUPPORT ENFORCEMENT SECOND EDITION
A CASE RECORD MUST BE ESTABLISHED
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Brick Layer wrote: Sat Sep 26, 2020 2:23 amUIFSA § 701(6) must be read together with UIFSA § 710 to understand the process authorized in the Convention. For a friend of the court case, and agreement by the payer “the parties enter into a written agreement that is reviewed and entered in the record by the court” (the process authorized in the Convention). Child Support at Home and Abroad, it is important to note that such an agreement [MCL 552.604] between the parties in the U.S. would be treated as a contract [a foreign agreement] enforceable as a contract in the issuing country and also fall within the scope of the Convention. Issues of personal jurisdiction over the parties, and considerations of the lack of notice or opportunity to be heard, will not arise with respect to the agreement, given its voluntary nature. UIFSA requires the complete text of the support agreement; an abstract or extract is not acceptable.

In Michigan, for a friend of the court case, an AGREEMENT by the payer that he or she shall.... 552.604 Sect. 4. (3)(b) The parties enter into a WRITTEN AGREEMENT that is reviewed and entered in the record by the court... Michigan’s UIFSA Parties Agreement
income withholding “one-order” world (at home and abroad)

MCL 552.604
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Under U.S. law, it must be an agreement in a record

See § 710. It is important to note that such an agreement between the parties in the U.S. would be treated as a contract, but, if the foreign agreement was enforceable only as a contract in the issuing country, it would not fall within the scope of the Convention. ~ Hague Child Support Convention Judicial Guide Chapter Two [bottom of] Page 11 Footnote #20.
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The payer's parties' agreement is the agreement between the parties (agreement into jurisdiction) the stipulation [agreement] is the subject-matter (subject-matter jurisdiction) and once it is recorded in a record that meets the criteria [Hague tribunal] UIFSA § 701(6) and UIFSA UIFSA § 710, then the agreement becomes a contract that falls within the scope of the Hague Child Support Convention and is enforceable not only as a contract but also enforceable under multilateral treaty!!! One Order World; (FCR) Federal Case Registry system; United Nations (IGO) repository in the Netherlands, the local county [tribunal] [UIFSA] family court being a Central Authority for child support case processing functions / child support purposes.

[UIFSA Income Withholding] UIFSA § 701(6) and UIFSA § 710

Section 701(6) provides an extensive definition of a "foreign support agreement," which is UIFSA terminology to make more readily understandable for U.S. bench and bar a process that is denominated as a "maintenance arrangement" in the Convention. Subsection (a) requires a state tribunal to recognize and enforce a foreign support agreement if the terms of this section are met. Most crucially, such an agreement must be accompanied by a document stating that the foreign support agreement is as enforceable as a support order would be in the country of origin.

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An agreement between the parties is a contract and is enforceable only as a contract, until it is recorded in [a] tribunal record only then does it falls within the scope of UIFSA § 710.
In Michigan, the payer's parties agreement must be recorded on the docket (court record) "for a friend of the court case" see MCL 552.604. Michigan's family court [tribunal] record is a UIFSA 'one-order' world income withholding record for child support purposes...

UIFSA Tribunal [every child support court]
Even if a tribunal has personal jurisdiction over both parties, absent agreement of the parties it does not have subject matter jurisdiction.

The parties agreement of record (criteria) in conformity to the [Uniform Interstate Family Support Act] Convention.
UIFSA § 701(6) and UIFSA § 710

The [UIFSA] process authorized in the Convention.
UIFSA Foreign support agreement means an agreement for support in a [tribunal] record that meets UIFSA Treaty Law 'one-order' world criteria for child support purposes: "establishment of paternity, establishment of support orders, and enforcement of support orders" Federal Case Registry Database / Central Authority.

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Brick Layer
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Re: UIFSA Parties Agreement income withholding “one-order” world (at home and abroad)

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Brick Layer wrote: Sat Sep 26, 2020 2:53 am
Brick Layer wrote: Sat Sep 26, 2020 2:23 am The parties enter into an agreement ‘stipulation’ and is the order the judge simply signs onto it.
A STIPULATION IS A STATEMENT OF AGREEMENT OR ADMISSION OF FACTUAL INFORMATION, AN AGREEMENT MADE BY PARTIES OR BY THEIR ATTORNEYS IN A JUDICIAL PROCEEDING BEFORE THE COURT. STIPULATIONS ARE ENTERED INTO THE RECORD TO ASSIST THE COURT IN ESTABLISHING FACTS “NOT IN DISPUTE.” STIPULATIONS ARE ONLY BINDING BETWEEN THE PARTIES THAT MADE THE AGREEMENT, NOT ON THIRD PARTIES.
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