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Uniform Reciprocal Enforcement of Support Act
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Uniform Reciprocal Enforcement of Support Act : ウィキペディア英語版
Uniform Reciprocal Enforcement of Support Act

The Uniform Reciprocal Enforcement of Support Act concerns interstate cooperation in the collection of spousal and child support. It lays out the procedure for enforcement in cases in which the person owing alimony or child support is in one state and the person to whom the support is owed is in another state (hence the word "reciprocal").
The original Act was first passed in 1950 by the National Conference of Commissioners on Uniform State Laws. It was amended in 1952 and again in 1958. The most recent amendments were enacted in 1968 and included improved machinery for finding the person owing support; guidelines for the conduct of the trial in the responding state; guidelines for cases where paternity is in question or where there has been interference with visitation rights; and simplified procedures for registering and enforcing out-of-state support orders. Such acts, substantially similar in content, have been passed in all 50 states.
==Full faith and credit applicability==

Child support is established in proceedings in which the court has personal jurisdiction over both parties, i.e. the mother and father. For post-divorce obligations, this may be the ''inter parte'' divorce proceeding itself, where the issues become ''res judicata'' and entitled to full faith and credit. Under the United States Constitution Article Four, full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. Courts therefore may use the full-faith-and-credit article to enforce final judgments that have been registered within another state.
When a judgment is not final, there is a problem of registering that judgment in another court, because normally a judgment must be final before it can be registered. The Second Restatement states, under the topic of Defenses to Recognition and Enforcement, that a judgment rendered in one state need not be recognized or enforced in a sister state insofar as the judgment remains subject to modification in the state of rendition either as to sums that have accrued and are unpaid or as to sums that will accrue in the future. A court is free to recognize or enforce a judgment that remains subject to modification under the local law of the state of rendition. Child support orders are considered judgments of this sort.
Under full faith and credit, the local law of the state of rendition will be applied to determine whether the judgment is modifiable and, if so, in what respects. This law will determine whether the judgment is modifiable with respect to past due installments and with respect to future installments. As between states, full faith and credit requires application of the local law of the state of rendition to determine whether the judgment is modifiable and, if so, in what respects.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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