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
