38-10-12
Section 38-10-12 Time limit for disbursement by department to child's custodian of child support payments received by it; exception. (a) When any support payments are made directly to the department, including the state and county departments, under any and all of its child support programs and other child support programs administered by it, including programs administered pursuant to the requirements of Title IV-D of the Social Security Act, and any payments, or any portion thereof, are due to be disbursed to the custodian of the child, the department receiving payment shall within five working days after the day of its receipt make remittance of the amount due by mailing it to the custodian of the child. The five-day distribution requirement shall not apply when the department has received service of an affidavit to terminate income withholding due to the fact that all children subject to the order have reached the age of majority or all arrearage obligations have been fulfilled, or...
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19-3B-504
Section 19-3B-504 Discretionary trusts; effect of standard. (a) In this section, the terms "child", "spouse", or "former spouse" include any person for whom an order or judgment for child or spousal support has been entered in this or another state. (b) Except as otherwise provided in subsection (c), whether or not a trust contains a spendthrift provision, a creditor of a beneficiary may not compel a distribution that is subject to the trustee's discretion, even if: (1) the discretion is expressed in the form of a standard of distribution; or (2) the trustee has abused the discretion. (c) To the extent a trustee has not complied with a standard of distribution or has abused a discretion: (1) a distribution may be ordered by the court to satisfy a judgment or court order against the beneficiary for support or maintenance of the beneficiary's child, spouse, or former spouse; and (2) the court shall direct the trustee to pay to the child, spouse, or former spouse such amount as is...
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25-11-9
Section 25-11-9 Compliance with Social Security Act. (a) Pursuant to Section 303(h), Social Security Act, in order for the state to receive administrative grants for unemployment compensation programs, the custodian of records shall, on a reimbursable basis, do the following: (1) Disclose quarterly to the Secretary of Health and Human Services, wage and claim information as required by Section 453(i)(1), Social Security Act. (2) Ensure that information provided pursuant to subdivision (1) meets the standards of correctness and verification as required by the Secretary of Health and Human Services, with the concurrence of the Secretary of Labor. (3) Establish safeguards as the Secretary of Labor determines are necessary to ensure that information disclosed under this section is used only for purposes of Section 453(i)(1), Social Security Act, in carrying out the child support enforcement program under Title IV. (b) The custodian of records shall supply only wage and claim information...
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26-17-624
Section 26-17-624 Temporary order. (a) In a proceeding under this article, upon a motion by a party the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is: (1) a presumed father of the child; (2) petitioning to have his paternity adjudicated; (3) identified as the father through genetic testing under Section 26-17-505; (4) an alleged father who has declined to submit to genetic testing; (5) shown by clear and convincing evidence to be the father of the child; or (6) the mother of the child. (b) A temporary order may include provisions for custody and visitation as provided by other law of this state. (Act 2008-376, p. 666, §2.)...
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30-3D-310
Section 30-3D-310 Duties of the Department of Human Resources. (a) The Department of Human Resources is the state information agency under this chapter. (b) The state information agency shall: (1) compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; (2) maintain a register of names and addresses of tribunals and support enforcement agencies received from other states; (3) forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country; and (4) obtain information concerning the location of the obligor and the obligor's property within this state not exempt...
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30-3D-506
Section 30-3D-506 Contest by obligor. (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Article 6, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state. (b) The obligor shall give notice of the contest to: (1) a support enforcement agency providing services to the obligee; (2) each employer that has directly received an income-withholding order relating to the obligor; and (3) the person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee. (Act 2015-284, §1.)...
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30-3D-606
Section 30-3D-606 Procedure to contest validity or enforcement of registered support order. (a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by Section 30-3D-605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Section 30-3D-607. (b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law. (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. (Act 2015-284, §1.)...
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30-3D-705
Section 30-3D-705 Direct request. (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies. (b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Sections 30-3D-706 through 30-3D-713 apply. (c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement: (1) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and (2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances. (d) A petitioner filing a direct request is not entitled to assistance from the Department of Human Resources. (e) This article...
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30-5B-2
Section 30-5B-2 Definitions. As used in this chapter, the following words have the following meanings: (1) COURT. A circuit or district court authorized by statute to issue or modify a protective order. (2) FOREIGN PROTECTION ORDER. A protection order issued by a tribunal of another state. (3) ISSUING STATE. The state whose tribunal issues a protection order. (4) MUTUAL FOREIGN PROTECTION ORDER. A foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent. (5) PROTECTED INDIVIDUAL. An individual protected by a protection order. (6) PROTECTION ORDER. An injunction or other order, issued by a tribunal under the domestic violence or family violence laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual. (7) RESPONDENT. The individual against whom enforcement of a...
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38-10-32
Section 38-10-32 Action to assure that parents of child in department's custody or receiving maintenance payments provide support. The department may take action under this article or any other appropriate state and federal statutes to assure that the parent or parents of a child in the custody and care of the department or otherwise receiving foster care maintenance payments under Title IV-E of the Social Security Act, provide support for such child. An order for support may be made at the time custody is granted to the department and may be made a part of the custody order. (Acts 1986, Ex. Sess., No. 86-686, p. 81, §3.)...
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