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Agreement between the Government of the United States of America and the Government of the Kingdom of Norway for the Enforcement of Maintenance Obligations [2002] PITSE 3 (10 June 2002)

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE KINGDOM OF NORWAY FOR THE ENFORCEMENT OF MAINTENANCE OBLIGATIONS

Washington, 10 June 2002

ENTRY INTO FORCE: 10 JUNE 2002

THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE KINGDOM OF NORWAY (hereinafter called the "Parties"),

Resolved to establish a uniform and effective framework for enforcement of family maintenance obligations and the recognition of family maintenance orders and decisions on paternity to the extent necessary for the enforcement of maintenance,

HAVE AGREED AS FOLLOWS:
 
1. This Agreement shall apply to family maintenance obligations arising from a family relationship or parentage, including a maintenance obligation towards a child born out of wedlock. However, a family maintenance obligation towards a spouse or former spouse where there are no minor children will be enforced in the United States under this Agreement only in those states and other jurisdictions of the United States that elect to do so.
 
2. Enforceable orders for family maintenance issued by the courts or other authorized agencies of one Party shall be recognized and enforced in the courts or other authorized agencies of the other Party to the extent that the facts in the case support jurisdiction, recognition and enforcement under the applicable law and procedures of the latter Party.
 
3. Legally binding determinations of paternity made by the courts or other authorized agencies of one Party shall be recognized in the courts or other authorized agencies of the other Party in a proceeding to establish or enforce family maintenance obligations to the extent that the facts in the case support jurisdiction and recognition under the applicable laws and procedures of the latter Party.
 
4. Orders entered or decisions made by the courts or other authorized agencies of one Party after the failure of the respondent to appear in the proceedings shall be considered to be decisions or orders under paragraphs 2 and 3 above if it is demonstrated that notice had been given and the opportunity to be heard had been afforded in a way to satisfy the standards of the Requested Party.
 
5. Each Party shall make available to the residents within the jurisdiction of the other Party procedures for the establishment of paternity and for the establishment of maintenance obligations for children and custodial parents.
 
6. In proceedings undertaken under the Agreement, the Requested Party shall not require the physical presence of the child or custodial parent.
 
7. In proceedings undertaken pursuant to this Agreement, either Party may request from the other Party appropriate assistance necessary to reach a decision in the case, including information related to the economic situation of the applicant or respondent within the limits of their respective laws and consistent with any treaties related to judicial assistance in force between the Parties.
 
8. The competent authorities responsible for the provision of services under the Agreement shall bear their own costs and shall not impose any costs or charges on the applicant for such services, for participation in legal proceedings, or for the services of legal counsel if necessary.
 
9. Each Party shall designate an agency or agencies to act as a Central Authority to facilitate maintenance enforcement between the Parties and implementation of the Agreement. In the United States, the Central Authority is the Department of Health and Human Services, Office of Child Support Enforcement (OCSE) as authorized by Title IV-D of the Social Security Act. In Norway, the Central Authority is the National Office for Social Insurance Abroad. Either Party shall notify the other Party in writing of a change in the Central Authority.
 
10. The Agreement shall apply to all family maintenance orders and determinations described in paragraphs 2, 3, and 4 whether entered before or after the effective date of the Agreement and shall include the amounts in arrears as permitted by the law of the Requested Party.
 
11. All actions and proceedings under the Agreement by either Party shall be carried out pursuant to the domestic law, including choice of law provisions and procedures, of that Party.
 
12. All documents transmitted under the Agreement shall be exempt from legalization.
 
13. For the United States, this Agreement shall apply to the fifty states, American Samoa, 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.
 
14. This Agreement shall enter into force upon signature.
 

15 a. The Agreement shall remain in force until terminated upon written notice provided by either Party. Termination shall take effect four months after the date on which written notice was received by the other Party. Any existing rights and obligations of applicants and respondents shall not be affected by such termination.

b. In the event that either Party's domestic legal authority to carry out its obligations under the Agreement ceases, in whole or in part, either Party may suspend application of the Agreement, or with the agreement of the other Party, any part of the Agreement. In that event, the Parties will seek, to the fullest extent practicable in accordance with domestic law, to minimize unfavorable effects on the continuing recognition and enforcement of maintenance obligations covered by the Agreement.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Agreement.
 
Done at Washington, D.C. in duplicate, in the English and Norwegian languages both of which are equally authentic, on this 10th day of June, 2002.

SIGNATORIES: