Executive Order 13752-Relating to the Implementation of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
Issued 2016-12-08 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This executive order implements an international agreement the United States ratified to help families collect child support across borders. The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance is a treaty that entered into force for the United States on January 1, 2017. The treaty required the U.S. to designate a "Central Authority" to handle certain functions related to international child support cases.
The order designates the Department of Health and Human Services as the official U.S. agency responsible for carrying out the treaty's requirements. The Secretary of Health and Human Services is authorized to perform necessary acts to fulfill these responsibilities. The order also allows the Central Authority to work with state child support agencies that operate under existing federal child support programs.
This action affects families seeking to collect child support payments when one parent lives in another country that is also part of the treaty. It matters because it establishes the U.S. government structure needed to participate in this international system for recovering child support, potentially helping custodial parents receive payments they are owed even when the other parent has moved abroad.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13752 addresses "Executive Order 13752-Relating to the Implementation of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance". The President's stated reasoning: "execute the functions of the Central Authority in a timely and efficient manner." Executive orders are a long-established exercise of presidential power, used by every President since George Washington. They are grounded in Article II of the Constitution, which vests executive power in the President and directs them to "take Care that the Laws be faithfully executed."
Executive orders cannot create new law, contradict existing federal statutes, or exceed the President's constitutional authority. The legitimacy of any specific order depends on whether it operates within statutory authority Congress has delegated, directs the executive branch on matters within its constitutional purview, or attempts to substitute executive policy for legislative choices. Courts can and do review executive orders for conformity with the Constitution and federal law.
Official Summary
Administration of Barack Obama, 2016 Executive Order 13752—Relating to the Implementation of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance December 8, 2016 The United States of America deposited its instrument of ratification of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (Convention) on September 7, 2016. The Convention will enter into force for the United States on January 1, 2017. Article 4 of the Convention imposes upon States Parties an obligation to designate a "Central Authority" for the purpose of discharging certain specified functions. Now, Therefore, by virtue of the authority vested in me as President by the Constitution and the laws of the United States of America, it is ordered as follows: Section 1 . Designation of Central Authority . The Department of Health and Human Services is hereby designated as the Central Authority of the United States for purposes of the Convention. The Secretary of Health and Human Services is hereby authorized and empowered, in accordance with such regulations as the Secretary may prescribe, to perform all lawful acts that may be necessary and proper in order to execute the functions of the Central