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I. Introduction
Before the federal enactment of the Full Faith and Credit for Child Support Orders Act (FFCCSOA), and state enactment of the Uniform Interstate Family Support Act (UIFSA), it was common for parents to have multiple, conflicting child support orders governing the same children. Existing state legislation at the time allowed such a result. Under the Uniform Reciprocal Enforcement of Support Act (URESA), and the Revised Uniform Reciprocal Enforcement of Support Act (RURESA), when a noncustodial parent moved to State 2, a court in State 2 could establish a new order, even though the custodial parent had asked the court to enforce an existing support order issued by State l.1 FFCCSOA and UIFSA remedied this confusing multiple-order world by establishing rules for one controlling order that governs prospective support. Over time UIFSA has been amended several times since being written. Unfortunately, Congress has not amended FFCCSOA as frequently. The result is varying language between the two acts, which Congress needs to reconcile.
II. Background
In 1950, the National Conference of Commissioners on Uniform State Laws, now known as the Uniform Law Commission (ULC), approved the Uniform Reciprocal Enforcement of Support Act (URESA).2 When developed, it was a revolutionary act that greatly improved interstate enforcement of child support orders.3 Its development preceded the establishment of the federal-state-tribal Title IV-D child support program,4 and states had discretion regarding its enactment. Because of its significant improvements, however, URESA became the primary state law for processing interstate and international child support cases. The ULC amended it in 1952, 1958, and 1968.3 Although every state enacted URESA, each state enacted a different version of it.6
In 1975, Title IV, Part D, of the Social Security Act established the federal-state child support program.7 Beginning in 1984, Congress determined that-because of the tendency of parents to travel and live in different states-it would be highly desirable to have a few uniform state laws, such as establishment of paternity to age 18, child support guidelines, and certain enforcement remedies, such as recognition of income withholding orders issued by other states. To assure enactment of these state laws, Congress tied funding for states' child support and welfare programs to the enactment of such legislation. The first of these "federal funding statutes" was...