Time: 1:00 p.m. - 2:15 p.m. Location: Regency 1. Monday: Breakout Session 1 Workshop A GOING GLOBAL: INTERNATIONAL CHILD SUPPORT ISSUES (CLE)

Transcription

1 Monday: Breakout Session 1 Workshop A Time: 1:00 p.m. - 2:15 p.m. Location: Regency 1 GOING GLOBAL: INTERNATIONAL CHILD SUPPORT ISSUES (CLE) International cases aren't waiting until the US ratifies the Hague Convention! We continue to receive them under federal bilateral agreements, state reciprocal arrangements, and comity. Come hear state and federal panelists discuss the "here and now" of international case processing. Learn about the forms, caseworker guides, processing issues, and resources to help you with those complicated questions like currency conversion. Presenters: Anne Miller Program Specialist Federal Office of Child Support Enforcement Washington, DC Rob Velcoff Manager of Interstate Operations New York Division of Child Support Enforcement Albany, NY Moderator: Margaret Campbell Haynes The Center for the Support of Families (CSF) Piedmont, CA My Notes... ERICSA 47th Annual Training Conference & Exposition Lexington, Kentucky 10

2 When it Comes to Supporting Children We Don t Horse Around! Anne Miller, Federal Office of Child Support Enforcement Rob Velcoff, New York State Office of Child Support Enforcement

3 Foreign Reciprocating Countries (FRC) Federal arrangements under 42 U.S.C. 659a Minimum requirements Establish paternity Establish and enforce support Collection and distribution of support payments No cost Central Authority

4 Foreign Reciprocating Countries

5 FOREIGN RECIPROCATING COUNTRIES Ireland September 10, 1997 Slovak Republic February 1, 1998 Nova Scotia December 18, 1998 Poland June 14, 1999 British Columbia December 15, 1999 Czech Republic May 3, 2000 Manitoba July 11, 2000

6 FOREIGN RECIPROCATING COUNTRIES Portugal March 17, 2001 Australia May 21, 2001 Netherlands May 1, 2002 Norway June 10, 2002 Ontario August 7, 2002 Newfoundland/Labrador 8/7/2002 Alberta September 4, 2002

7 FOREIGN RECIPROCATING COUNTRIES Nunavut January 20, 2004 New Brunswick February 1, 2004 Northwest Territories 2/7/2004 Switzerland September 30, 2004 Hungary January 22, 2007 Saskatchewan January 24, 2007 Yukon Territory May 22, 2007

8 FOREIGN RECIPROCATING COUNTRIES El Salvador June 21, 2007 Finland September 29, 2007 United Kingdom December 7, 2007 Israel February 5, 2009

9 OCSE WEB SITE International Resources international/index.html - FRC contact information - Links to FRC web sites - Copies of FRC agreements - OCSE international issuances - Caseworker s Guide to Processing Cases with Foreign Reciprocating Countries

10 CONTACTS Your state s international contact or ocseinternational@acf.hhs.gov

11 Purpose of the Caseworker s Guide to Processing Cases with FRCs - Initial Guide issued in IM General instructions - Best practice tips - Country specific information and forms

12 Caseworker Guides Switzerland IM El Salvador IM United Kingdom IM Poland IM Finland IM Canada IM Initial CWG IM (Australia, Ireland, Netherlands, Norway)

13 Other Resources: NCSEA NCSEA web site: Information for non-frcs Overview Addresses Bilingual forms Relevant laws

14 Other Resources: U.S. Department of State services/support/support_582.html

15 Other Resources: The Hague Conference The Hague Conference on Private International Law web site:

16 International Issues: Reciprocity. Outgoing use the federal forms. Incoming international forms. Incoming forms that are close enough. IV-D vs. non-iv-d. Communications. Links on ERICSA website. Be patient.

17 International Issues: Know the common practices of the other country, i.e., Canada s provisional order and indexation. Be willing to explain your state s common practices to the other country. Other countries do not have UIFSA. However, countries with reciprocity should have laws that are substantially similar to ours.

18 Keep These Things in Mind: Time zones and dates (5/1/10). Foreign currency: Oanda.com, XE.com, x-rates.com. Language barrier. Extra costs (translations, etc.). Telephonic Testimony (limited option). Age of emancipation self supporting. Administrative vs. judicial actions. Enforcement limitations. Modification of another state s order.

19 Keep These Things in Mind: Formality. Medical Support (dollar amount in lieu). New countries, due to the Hague.

20 International Customer Service: On initial referrals, contact the foreign jurisdiction within days. Continue with status requests at appropriate intervals. Contact appropriate state and/or federal OCSE staff where such contact has failed.

21 International Customer Service: Send all outgoing correspondence directly to the other country s child support agency, not to the party who resides there. The party in your state should contact the appropriate office in your state. The party in the other country should contact their child support agency, not your office.

22 Miscellaneous: One-state international cases: outgoing. Long-arm. One-state international cases: incoming. Service of process (at no cost). Direct enforcement to other countries (without UIFSA). Assets within the U.S. Limited services: Quick Locates.

23 Miscellaneous: Determination of controlling order. What do you do if a foreign country improperly modifies your order? Cannot charge costs or fees. Orders from countries with no reciprocity. Direct applications. Where do we go from here?

24 Contacts Anne Miller Federal Office of Child Support Enforcement (202) Robert Velcoff New York State Office of Child Support Enforcement (518)