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13152 Netherlands - Agreement for the Enforcement of Maintenance (Support) Obligations


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13152

 

 

MAINTENANCE

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and the NETHERLANDS

 

Signed at Washington May 30, 2001

 

 

 

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

NETHERLANDS

Maintenance


Agreement signed at Washington May 30, 2001;
Entered into force May 1, 2002.

AGREEMENT BETWEEN THE GOVERNMENT OF
THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS
FOR THE ENFORCEMENT OF MAINTENANCE
(SUPPORT) OBLIGATIONS
The Government of the United States of America
and
the Government of the Kingdom of The Netherlands (hereinafter
referred to as the Parties),
Resolved to establish a uniform and effective framework
for the enforcement of maintenance obligations and the
recognition of maintenance decisions, and
In accordance with procedures for the conclusion of
reciprocal enforcement of maintenance agreements required by
legislation of the Kingdom of The Netherlands and authorized by
the United States Congress in section 459A of the Social
Security Act, Title 42, United States Code, section 659A,
Have agreed as follows:
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ARTICLE I
Objective
1. Subject to the provisions of this Agreement, the
Parties hereby seek to provide for:
a. the recovery of maintenance or the reimbursement of
maintenance to which a maintenance creditor or a public body
having provided benefits for a maintenance creditor subject to
the jurisdiction of one Party (hereinafter referred to as the
claimant) is entitled from a maintenance debtor who is subject
to the jurisdiction of the other Party (hereinafter referred to
as the respondent), and
b. the recognition and enforcement of maintenance
orders, reimbursement orders and settlements (hereinafter
referred to as maintenance decisions) made or recognized within
the jurisdiction of either Party.
ARTICLE II
Scope
1. This Agreement shall apply to maintenance obligations
arising from a family relationship or parentage, including a
maintenance obligation towards a child born out of wedlock.
However a 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.
- 3 -
2. This Agreement applies to the collection of payment
arrears on a valid maintenance obligation and any applicable
interest on arrears and to the modification or other official
change in amounts due under an existing maintenance decision.
3. The remedies provided for in this Agreement are not
exclusive and do not affect the availability of any other
remedies for the enforcement of a valid maintenance obligation.
ARTICLE III
Central Authorities
1. The Parties shall each designate a body as Central
Authority which shall facilitate compliance with the provisions
of this Agreement.
2. The Central Authority for the Kingdom of The
Netherlands shall be the Transmitting and Receiving Agency
under the Convention on the Recovery Abroad of Maintenance as
concluded at New York on 20 June, 1956, as designated in The
Netherlands legislation implementing that Convention. Powers
and duties of the Netherlands Central Authority under this
Agreement shall also include the powers and duties set out in
that legislation.
- 4 -
3. The Central Authority for the United States of America
shall be the Office of Child Support Enforcement in the
Department of Health and Human Services, as authorized by Title
IV-D of the Social Security Act. Powers and duties of the
United States Central Authority under this Agreement shall also
include the powers and duties set out in that legislation.
4. The Parties may designate additional public bodies to
carry out any of the provisions of this Agreement in co-
ordination with the Central Authority.
5. Any changes in the designation of the Central
Authority or other public bodies by one Party shall be
communicated promptly to the Central Authority of the other
Party.
6. Communications shall be addressed by the Central
Authority or other public body of one Party directly to the
Central Authority or other responsible public body of the other
Party as designated by that Party.
ARTICLE IV
Applications and Transmission of Documents and Judicial
Assistance
1. An application for the recovery or reimbursement of
maintenance from a respondent subject to the jurisdiction of
one of the Parties (hereinafter the Requested Party) shall be
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made by the Central Authority or other designated public body
of the other Party (hereinafter the Requesting Party), in
accordance with the applicable procedures of the Requesting
Party.
2. The application shall be made on a standard form in
English to be agreed upon by the Central Authorities of both
Parties, and shall be accompanied by all relevant documents.
All documents shall be translated into English or, when
required by the Central Authority of the Kingdom of the
Netherlands, into Dutch.
3. The Central Authority or other designated public body
of the Requesting Party shall transmit the documents referred
to in paragraphs 2 and 5 of this Article to the Central
Authority or other designated public body of the Requested
Party.
4. Before transmitting the documents to the Requested
Party, the Central Authority or other designated public body of
the Requesting Party shall satisfy itself that they comply with
the law of the Requesting Party and the requirements of this
Agreement.
5. When the application is based on or the documents
include a decision issued by a competent court or agency
establishing paternity or for the payment of maintenance:
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a. the Central Authority of the Requesting Party shall
transmit a copy of the decision certified or verified in
accordance with the requirements of the Requested Party;
b. the decision shall be accompanied by a statement of
finality or, if not final, a statement of enforceability and by
evidence that the respondent has appeared in the proceedings or
has been given notice and an opportunity to appear;
c. the Central Authority or other designated public body
of the Requesting Party shall notify the Central Authority or
other designated public body of the Requested Party of any
subsequent change by operation of law in the amount required to
be enforced under the decision.
6. In carrying out their tasks under this Agreement, the
Parties shall provide each other assistance and information
within the limits of their respective laws, and consistent with
any treaties related to judicial assistance in force between
the Parties.
7. All documents transmitted under this Agreement shall
be exempt from legislation.
- 7 -
ARTICLE V
Functions of the Central Authority of the Requested Party
The Central Authority or other designated public body of
the Requested Party shall take on behalf of the claimant all
appropriate steps for the recovery or reimbursement of
maintenance, including the institution and prosecution of
proceedings for maintenance, and determination of paternity
where necessary, the execution of any judicial or
administrative decision and the collection and distribution of
payments collected.
ARTICLE VI
Costs of Services
All procedures described in this Agreement, including
services of the Central Authority, and necessary legal and
administrative assistance, shall be provided by the Requested
Party without cost to the claimant. The costs of testing blood
or tissue for paternity determinations shall be borne by the
Party in which jurisdiction the proceeding takes place. A
Party may assess costs in any proceeding against the respondent
appearing in that Party's jurisdiction.
ARTICLE VII
Recognition and Enforcement of Maintenance Decisions
1. Maintenance decisions, including maintenance decisions
arising from a determination of paternity from the United
States shall be recognized and enforced in the Kingdom of the
Netherlands to the extent that the facts in the case support
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recognition and enforcement under the Convention to the
Recognition and Enforcement of Decisions relating to
Maintenance Obligations, concluded on 2 October, 1973, at The
Hague as if that instrument were in force between the Parties.
2. Maintenance decisions, including maintenance decisions
arising from a determination of paternity, from the Kingdom of
The Netherlands shall be recognized and enforced in the United
States to the extent that the facts in the case support
recognition and enforcement in accordance with the Uniform
Interstate Family Support Act as if that law were in force
between the Parties.
ARTICLE VIII
Applicable Law
1. All actions and proceedings under this Agreement by
either Party shall be carried out pursuant to the law,
including choice of law provisions and procedures, of that
Party.
2. The physical presence of the child or custodial parent
shall not be required in proceedings under this Agreement
within the jurisdiction of the Requested Party.
- 9 -
ARTICLE IX
Territorial Application
1. For the Kingdom of the Netherlands, this Agreement
shall apply to its territory in Europe. Its applicability may
be extended by written agreement of the Parties either in its
entirety or with any necessary modifications to The Netherlands
Antilles and/or Aruba.
2. In the case of an extension of the applicability of
this Agreement to the Netherlands Antilles and/or Aruba, either
Party shall be entitled to terminate the application of this
Agreement in respect of any of the separate parts of the
Kingdom in accordance with the termination procedures of
Article 11.
3. For the United States of America, 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.
ARTICLE X
Entry into Force
1. This Agreement shall enter into force on the date on
which the Government of the Kingdom of the Netherlands notifies
the Government of the United States of America that the
constitutional requirements of the Kingdom of the Netherlands
for the entry into force have been fulfilled.
- 10 -
2. This Agreement shall apply to any outstanding
maintenance decision, or payment accrued under such decision,
regardless of the date of that decision.
ARTICLE XI
Termination
1. Either Party may terminate this Agreement by
notification in writing addressed to the other Party through
the diplomatic channel. The termination shall take effect on
the first day of the third month following the receipt of the
notification.
2. In the event of either Party's inability, owing to its
domestic law, to carry out its obligations under this
Agreement, that Party may suspend application of this
Agreement, or with the agreement of the other Party, any part
of this Agreement or application of this Agreement in respect
of a portion of its territory. The suspension and, as the case
may be, the other Party's agreement to partial suspension shall
be notified in writing through the diplomatic channel.
3. The suspension shall take effect upon the date of the
receipt of notification of the suspension, provided, however,
that the suspension shall not take effect sooner than thirty
days after a notification is made pursuant to paragraph 4 that
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there is good cause to believe that a situation as referred to
in paragraph 2 may occur. A partial suspension shall take
effect upon receipt of the notification of the other Party's
agreement to a partial suspension.
4. In the event that a Party deems that there is good
cause to believe that a situation as referred to in paragraph 2
may occur, that Party shall so notify the other Party as far in
advance as possible of giving notice of suspension under that
paragraph. In such circumstances, the Parties shall consult on
how to minimize the potential unfavorable effects on the
continued recognition and enforcement of maintenance
obligations covered by this Agreement.
5. In the event of suspension or termination, the Parties
will seek, to the fullest extent practicable in accordance with
domestic law, to minimize unfavorable effects on the continued
recognition and enforcement of maintenance obligations covered
by this Agreement.
6. Termination or suspension under this Article shall not
affect the legal status of any maintenance decision already
registered or declared enforceable under the domestic law of a
Party.
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IN WITNESS WHEREOF, the undersigned, being duly authorized
by their respective Governments, have signed this Agreement.
DONE at Washington, in duplicate, this thirtieth day of
May, 2001, in the English language.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA: KINGDOM OF THE NETEHRLANDS:



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