Entries by James J. Gross

One Order, One Place, One Time

UIFSA works together with FFCCOA to created one controlling support order for alimony and child support — one order, one time, one place. To accomplish this, UIFSA establishes priorities to determine which state has continuing exclusive jurisdiction over a support order. The state with continuing exclusive jurisdiction is the only state that can modify a […]

Full Faith and Credit

Although there is a full faith and credit clause in the United States Constitution, 28 U.S.C. 1738, it was not clear that one state’s child support order is enforceable by another state, making it hard to protect fathers’ rights. And even after UIFSA was enacted, parties continued to jump from state to state to try […]

UIFSA-Interstate Child Support Law

UIFSA replaced URESA and RURESA . The old statutes allowed a parent to move to another state and have the new state reduce his or her child support. UIFSA provides that the stAll states were required to adopt the Uniform Interstate Family Support Act (“UIFSA”) when President Clinton signed the Welfare Reform Act on August 22, 1996.ate […]

Wage Withholding Orders

Fathers’ Rights and Child Support Orders There is a standard form for wage withholding orders that are sent to employers for child support obligations. It is called an Order/Notice to Withhold Income for Child Support. It is a federal form adopted by Section 324 of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of […]

Hague Convention Defenses

These are the defenses that your spouse can raise under the Hague Convention: Child Custody Rights Defenses You did not have custody rights. You were not actually exercising your custody rights at the time of removal. Wrongful Removal or Retention Defenses You agreed to the removal. You acquiesced later to the removal. Defenses Related to […]

Returning the Children

Enforcing Fathers’ Rights Across Borders If your children have been abducted unlawfully from the U.S. to another country that has signed the Hague Convention, you file two originals of an Application for each child with the State Department or the central authority of the other country. Be sure to sign and date the applications. Fax […]

Enforcing the Hague Convention

Central Authority. Each country creates a central authority to enforce the Hague Convention. The State Department is the central authority in the United States. Central authorities are to cooperate with each other to secure in the prompt return of children, and in particular to: discover the whereabouts of an abducted child. take provisional measures to […]

The Hague Convention

International Abductions. If your child has been abducted abroad, you will likely turn to The Hague Convention on the Civil Aspects of International Child Abduction, adopted by the United States and 59 other countries. If your child has been abducted abroad, you will likely turn to The Hague Convention on the Civil Aspects of International […]

Father’s Rights Book Published

Fathers’ Rights (A Legal Guide to Protecting the Best Interests of Your Children) by James Gorss, published by Sphinx Publishing. There is much demand for information about father’s rights out there, and little available. The stakes are high, emotions are tense, and confusion abounds. So I wrote my book for the average dad, who is […]