The Recovery of Maintenance (United States of America) Order 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/2006 |
| Year | 2007 |
2007 No. 2006
maintenance of dependants
The Recovery of Maintenance (United States of America) Order 2007
Made 25th July 2007
Laid before Parliament 1st August 2007
Coming into force 1st October 2007
At the Court at Buckingham Palace, the 25th day of July 2007
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty is satisfied that arrangements have been made in the United States of America to ensure that applications by persons in the United Kingdom for the recovery of maintenance from persons in the United States of America can be entertained by courts in the United States of America.
Her Majesty is also satisfied that in the interest of reciprocity it is desirable to ensure that applications by persons in the United States of America for the recovery of maintenance from persons in the United Kingdom can be entertained by courts in the United Kingdom.
Therefore, Her Majesty, in exercise of the powers conferred by sections 40 and 45(1) of the Maintenance Orders (Reciprocal Enforcement) Act 19721, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation and commencement
1.—(1) This Order may be cited as the Recovery of Maintenance (United States of America) Order 2007.
(2) This Order shall come into force on 1st October 2007.
Interpretation
2. In this Order –
“the Act” means the Maintenance Orders (Reciprocal Enforcement) Act 19722;
“the applicant” means the applicant under section 26 of the Act;
“child” has the meaning it bears in the Child Support Act 19913;
“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).
Application and modification of Part II of the Act in relation to the United States of America
3.—(1) The provisions of Part II of the Act shall apply to the United States of America as they apply in relation to a convention country, subject to the modification set out in paragraph (2) below.
(2) After section 26(3) of the Act there shall be inserted:—
“3A An application under subsection (1) or (2) above, for the purpose of recovering maintenance from a person in the United States of America within the meaning of the Recovery of Maintenance (United States of America) Order 2007, and a certificate signed by a justice of the peace or, where the applicant is residing in Northern Ireland, a resident magistrate or, where the applicant is residing in Scotland, by the sheriff, to the effect that the application sets forth facts from which it may be determined that the respondent owes a duty to maintain the applicant and any other person named in the application and that a court in the United States of America may obtain jurisdiction of the respondent or his property, shall be registered in the court in the prescribed manner by the appropriate officer or, in Scotland, by the sheriff clerk in the Maintenance Orders (Reciprocal Enforcement) Act 1972 Register.”.
Application to Scotland
4. This Order applies...
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