The Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007

Citation and commencement

1.  This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 2007 and shall come into force on 1st October 2007.

Interpretation

2.  In this Order—

“the Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1972;

“child” has the meaning it bears in the Child Support Act 1991;

“maintenance order” is construed in accordance with Part I of the Act as modified by paragraph 19(2)(c) of Schedule 1 to this Order; and

“the United States of America” means the fifty States, the District of Columbia, Guam, Puerto Rico, the United States Virgin Islands, and any other jurisdiction of the United States participating in Title IV-D of the Social Security Act (Title 42, United States Code, Chapter 7, subchapter IV, Part D).

Designation of the United States of America as a reciprocating country

3.  The United States of America is hereby designated as a reciprocating country for the purposes of Part I of the Act as regards maintenance orders generally.

Application and modification of Part I of the Act in relation to the United States of America

4.—(1) The provisions of Part I of the Act shall apply in relation to the United States of America as a reciprocating country, subject to the exceptions, adaptations and modifications set out in article 5 and Schedule 1 to this Order.

(2) Part 1 of the Act, amended in accordance with paragraph (1) and Schedule 1 in relation to—

(a) maintenance orders made by courts in the United Kingdom, and

(b) maintenance orders made by courts in the United States of America,

is as set out in Schedule 2 to this Order.

Application to Scotland

5.  Except for article 3 (which applies to Scotland for all purposes), this Order applies to Scotland only in respect of a maintenance order where the Secretary of State would have had jurisdiction to make a maintenance calculation (within the meaning of the Child Support Act 1991(1)) and to award maintenance to a child—

(a) who is a payee under the maintenance order; or

(b) where a payee under the maintenance order is another person in relation to whom the Secretary of State has arranged for the collection of payments for that child’s benefit.

Transitional provisions

6.—(1) This Order applies to-

(a) any application made on or after 1st October 2007 to the prescribed officer of a court in the United Kingdom under section 2(3) of the Act for a maintenance order made by a court in the United Kingdom to be sent to the United States of America for enforcement;

(b) any certified copy of a maintenance order made by a court in the United States of America which is received by the Lord Chancellor or the Scottish Ministers on or after 1st October 2007 under section 6(2) of the Act; and

(c) any application made under Part I of the Act in respect of-

(i) an application falling within paragraph (a), or

(ii) a certified copy maintenance order falling within paragraph (b).

(2) Subject to paragraph (1), the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995(2) continues in full force and effect.

Judith Simpson

Clerk of the Privy Council