A Summary of UIFSA: Both Federal and Virginia Version

1. UIFSA- Uniform Interstate Family
Support Act

2. Why UIFSA?
Adam and Mary are dating and are residents living in Virginia.
They have a child, John.
The relationship between Mary and Adam ends with Mary
receiving custody and child support for John. Adam pays child
support for the next few months, but for whatever reason,
reasonable or unreasonable, Adam moves to North Carolina and
stops paying child support.
Or, as another example, Mary lives in Virginia and is on spring break
in North Carolina when she meets, falls in love and gets pregnant by
Adam, who’s never been to Virginia, and is a resident of North
Carolina.

3. What is UIFSA?
• UIFSA stands for the Uniform Interstate Family
Support Act
• Developed in 1992, it was intended to grant
clarity and to broaden the circumstances
under which a nonresident defendant can be
made to pay child support
• Every state, including Virginia, has
adopted UIFSA.

4. Difference Between National
UIFSA and Virginia’s UIFSA
National UIFSA Virginia’s Version of UIFSA
If home state jurisdiction does not exist, jurisdiction can If home state jurisdiction does not exist, jurisdiction in Virginia can
be granted in one of the seven ways: be granted if:
1. The nonresident is personally served within 1. The individual is personally served with process within the
the state. Commonwealth;
2. The nonresident submits to the jurisdiction 2. The individual submits to the jurisdiction of the
of this state by consent, by entering a Commonwealth by consent, by entering a general
general appearance, or by filing a appearance, or by filing a responsive document having the
responsive document having the effect of effect of waiving any contest to personal jurisdiction;
waiving any consent to personal 3. The individual resided with the child in the Commonwealth;
jurisdiction.
4. The individual resided in the Commonwealth and paid
3. The nonresident once resided with the prenatal expenses or provided support for the child;
child in this state
5. The child resides in the Commonwealth as a result of the
4. The nonresident once resided in this state
and provided prenatal expenses or support acts or directives of the individual;
for the child. 6. The exercise of personal jurisdiction is authorized under
5. The child resides in this state as a result of subdivision A 8 of § 8.01-328.1
the acts or directives of the nonresident.  Transacts business
6. The nonresident engaged in sexual  Enters into a contract in VA
intercourse in this state and the child may  Causes a tort (personal injury like an automobile accident)
have been conceived by that act of  Ensures a person or property in VA,
intercourse  Pays spousal support to someone in VA;
7. The nonresident asserted parentage in the  owes any tax, penalty, etc. in VA
state such as through the putative father
registry. 7. There is any other basis consistent with the constitutions of
the Commonwealth and the United States for the exercise
of personal jurisdiction.

5. EXAMPLE
Ted and Wilma live in New York,
where they were married. While
on a two-week vacation in Maine,
they conceive their only child,
Mary. Upon returning to New
York, they decide to separate.
Wilma and Mary move to Main.
Except for the two-week
vacation, Ted has never been to
Maine. Before Wilma leaves, he
tells her that is he moves to
Maine with Mary, he will have
nothing to do with her or with
Mary. She goes anyway, and Ted
carries out his threat of having
no contact with either. He never
pays child support. After
establishing domicile in Maine,
Wilma obtains a divorce and a
child support order form a Maine
court. Ted is never served in
Maine and does not appear in
Wilma’s divorce action. He knows
about the case because Wilma
has mailed him all the divorce
pleadings, to which he never

6. So, Does UIFSA Hurt or Heal Child Support Enforcement?
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