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EmailU.S. FEDERAL INTERNATIONAL CHILD SUPPORT AGREEMENTS
Q. WHAT COUNTRIES DOES THE UNITED STATES HAVE CHILD SUPPORT ENFORCEMENT AGREEMENTS WITH AT PRESENT?
A. Since 1996, when Congress for the first time specifically authorized federal-level agreements regarding child support enforcement, the United States has entered into a number of reciprocal agreements, which do not require U.S. Senate advice and consent. For a current list of countries where we have a bilateral agreement in force, see the HHS Office of Child Support Enforcement Foreign Reciprocating Countries page .
Q. WHAT IS THE AUTHORITY FOR U.S. FEDERAL CHILD SUPPORT AGREEMENTS?
A. Section 459A(a) of Title IV-D of the Social Security Act ( 42.USC 659A(a) ) provides that the Secretary of State, with the concurrence of the Secretary of Health and Human Services, is authorized to "declare any foreign country (or a political subdivision thereof) to be a foreign reciprocating country if the foreign country has established, or undertakes to establish, procedures for the establishment and enforcement of child support owed to persons who are residents of the United States, and such procedures are substantially in conformity with the standards prescribed under subsection (b)."
Q. IS THE UNITED STATES PURSUING NEGOTIATIONS ON CHILD SUPPORT AGREEMENTS WITH OTHER COUNTRIES?
A. The U.S. has held discussions with over 30 countries since 1997. Negotiations are continuing with many of those countries at this time. The Department of State's Office of the Legal Adviser for Private International Law and the Department of Health and Human Services' Office of Child Support Enforcement are proceeding with negotiations with a number of other countries.
Q. HOW DO THE DEPARTMENTS OF STATE AND HEALTH AND HUMAN SERVICES DETERMINE THAT A FOREIGN COUNTRY MAY BE DECLARED A FOREIGN RECIPROCATING COUNTRY FOR THE PURPOSES OF 42 U.S.C. 659A ?
U.S. law ( 42 U.S.C. 659A ) requires that a reciprocating country have procedures which are available to residents of the United States. These include procedures for:
- Establishing paternity
- Establishing support orders
- Enforcement of support orders
- Collection and distribution of payment under support orders
- Providing administrative and legal assistance where necessary without cost to the United States resident, and
- Establishing a "Central Authority" to facilitate implementation of support enforcement in cases involving residents of the U.S.
Q. WHO IN THE DEPARTMENT OF STATE IS AUTHORIZED TO DECLARE A FOREIGN COUNTRY TO BE A RECIPROCATING COUNTRY UNDER 42 U.S.C. 659A .
A. On September 5, 1997, the Acting Secretary of State delegated authority to the Department of State Legal Adviser and the Assistant Secretary for Consular Affairs with regard to declaration of foreign countries to be reciprocating countries under 42.U.S.C. 659A . The authority of the Secretary of Health and Human Services to concur with declarations proposed by the Department of State has been delegated along with other child support program management authorities to the Assistant Secretary for Children and Families. HHS' concurrence is required before any declaration of a foreign reciprocating country can be made.
Q. WHAT IS THE ROLE OF THE U.S. CENTRAL AUTHORITY FOR INTERNATIONAL CHILD SUPPORT IN INTERNATIONAL CASES?
A. Located in the Department of Health and Human Services' Office of Child Support Enforcement, the United States Central Authority for International Child Support is responsible for facilitating support enforcement in cases involving U.S. residents and residents of foreign reciprocating countries pursuant to 42 USC 659A . However, the preparation of petitions, requests for hearings, and other case management activities are the responsibility of the state child support agency in the state of the U.S. resident involved in the child support case.
The U.S. Central Authority at HHS works with the Department of State, the individual states, international organizations, and foreign governments to improve international child support procedures and cooperation. Bilingual forms are being developed by the U.S. Central Authority in a number of languages in cooperation with the U.S. Department of State, states, the International Relations Committee of the National Child Support Enforcement Association , and with interested foreign countries. The U.S. Central Authority provides general oversight, assistance, and coordination activities regarding international child support. You can contact the U.S. Central Authority by writing to Stephen Grant, Director, U.S. Central Authority for International Child Support, Office of Child Support Enforcement, U.S. Department of Health and Human Services, 4 West Aerospace Building, 370 L'Enfant Promenade SW, Washington, DC 20447 or by phone: 202-260-5943, fax: 202-402-5529, or email to ocseinternational@acf.dhhs.gov.
Q. HOW CAN A PARENT SEEKING CHILD SUPPORT ENFORCEMENT FROM A FOREIGN RECIPROCATING COUNTRY GO ABOUT APPLYING FOR ENFORCEMENT?
A. In the United States, individual state child support offices are responsible for providing the child support services within the state and for cooperating with other states and foreign reciprocating countries. The state child support office or "IV-D agency" will manage the establishment and enforcement of child support obligations in accordance with Federal, state, and local laws. Any parent who needs help in establishing or enforcing a child support obligation, regardless of where the person who is obliged to pay child support resides, should apply for services at the state child support agency in the individual states . Contacts for the state Central Registry can be found in the address function of OCSE’s Online Interstate Resource Guide. If you do not have ready access to the Internet, contact your local public library for assistance in obtaining information from the U.S. HHS Office for Child Support Enforcement's web site.
Q. HOW CAN A FOREIGN RECIPROCATING COUNTRY SEEKING TO ENFORCE A FOREIGN CHILD SUPPORT ORDER IN THE UNITED STATES APPLY FOR ASSISTANCE?
A. A foreign reciprocating country's Central Authority will send petitions to the child support agency in the U.S. state of residence of the person obliged to pay child support. States have enacted uniform interstate laws that greatly reduce the barriers to collecting child support across State lines and end the creation of multiple support orders. Each state or other jurisdiction in the U.S. has child support enforcement laws based on the Uniform Interstate Family Support Act . The U.S. state will provide enforcement services as if the request were from another state of the U.S. If the state of residence of the person who is obliged to pay child support is not known, a foreign reciprocating country may contact the U.S. Central Authority, which will use the Federal Parent Locator Service to attempt to determine a state of residence for the person who is obliged to pay child support to which petitions may be forwarded.
A. The contacts for the Central Authorities of Federal-level reciprocating countries are:
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