The Uniform Interstate Family Support Act (UIFSA)

6.13The Uniform Interstate Family Support Act (UIFSA)¹

The purpose of the Uniform Interstate Family Support Act (UIFSA), MCL 552.2101 et seq., is to, “[a]mong other things, . . . provide[] guidelines and procedures for the registration, recognition, enforcement, and modification of foreign support orders from countries that are parties to the [2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance].” House Legislative Analysis, HB 4742, HB 4744, SB 518, and SB 519 (October 4, 2016). See MCL 552.2102(c). In addition, “[t]he [UIFSA] provides for the recognition and enforcement of family support orders across state lines.” Senate Legislative Analysis, HB 4742, HB 4744, SB 518, and SB 519 (December, 22, 2015).

The UIFSA also addresses the question of parentage. MCL 552.2402 states: “A tribunal^[²] of this state authorized to determine parentage of a child may serve as a responding tribunal^[³] in a proceeding to determine parentage of a child brought under [the UIFSA] or a law or procedure substantially similar to [the UIFSA].” The following statutory provisions are instructional when the issue of parentage arises in UIFSA cases, depending on the specific circumstances present in a case: MCL 552.2102(g), (l), (m), (n), (p)(i), (p)(iii), (u), (v), (w), (aa)(iii), (cc); MCL 552.2201(1)(g); MCL 552.2305(2)(a); MCL 552.2311(1); MCL 552.2315; and MCL 552.2316(1), (4), (10).

An individual may initiate an action to determine parentage under the UIFSA by filing a petition ⁴ in an initiating tribunal ⁵ for forwarding to a responding tribunal, or an individual may initiate an action to determine parentage by filing a petition directly in another state or country that can exercise personal jurisdiction over the respondent. MCL 552.2301(2). In an action under the UIFSA to determine parentage, a state tribunal “may exercise personal jurisdiction over a nonresident individual” under any of the circumstances listed in MCL 552.2201(1). MCL 552.2201. When Michigan acts as a responding tribunal and receives a petition by transfer from an initiating tribunal or a petition filed directly with the Michigan tribunal, the Michigan tribunal, if not prohibited by other law, may “determine parentage of a child.” MCL 552.2305(2)(a). See also MCL 552.2402.

MCL 552.2316 governs the type and use of evidence that may be involved in a proceeding to determine parentage. A nonresident party is not required to be physically present in a tribunal that will determine a child’s parentage. MCL 552.2316(1). “A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.” MCL 552.2316(10). “A party whose parentage of a child has been previously determined by or according to law may not plead nonparentage as a defense to a proceeding under [the UIFSA].” MCL 552.2315.

¹A detailed discussion of the Uniform Interstate Family Support Act is beyond the scope of this benchbook.

²A tribunal is “a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.” MCL 552.2102(cc).

³A responding tribunal is “the authorized tribunal in a responding state or foreign country.” MCL 552.2102(x).

⁴The required contents and form of a petition filed under the UIFSA “to determine parentage of a child” are set forth in MCL 552.2311.

⁵An initiating tribunal is a tribunal of a state or foreign country from which a petition is forwarded or a tribunal in which a petition is filed to be forwarded to another state or country. MCL 552.2102(k).