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30-3D-704
Section 30-3D-704 Initiation by the Department of Human Resources of support proceeding under
Convention. (a) In a support proceeding under this article, the Department of Human Resources
shall: (1) transmit and receive applications; and (2) initiate or facilitate the institution
of a proceeding regarding an application in a tribunal of this state. (b) The following support
proceedings are available to an obligee under the Convention: (1) recognition or recognition
and enforcement of a foreign support order; (2) enforcement of a support order issued or recognized
in this state; (3) establishment of a support order if there is no existing order, including,
if necessary, determination of parentage of a child; (4) establishment of a support order
if recognition of a foreign support order is refused under Section 30-3D-708(b)(2), (4), or
(9); (5) modification of a support order of a tribunal of this state; and (6) modification
of a support order of a tribunal of another state or a foreign...
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30-3D-208
Section 30-3D-208 Child-support orders for two or more obligees. In responding to registrations
or petitions for enforcement of two or more child-support orders in effect at the same time
with regard to the same obligor and different individual obligees, at least one of which was
issued by a tribunal of another state or a foreign country, a tribunal of this state shall
enforce those orders in the same manner as if the orders had been issued by a tribunal of
this state. (Act 2015-284, ยง1.)...
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30-3D-602
Section 30-3D-602 Procedure to register order for enforcement. (a) Except as otherwise provided
in Section 30-3D-706, a support order or income-withholding order of another state or a foreign
support order may be registered in this state by sending the following records to the appropriate
tribunal in this state: (1) a letter of transmittal to the tribunal requesting registration
and enforcement; (2) two copies, including one certified copy, of the order to be registered,
including any modification of the order; (3) a sworn statement by the person requesting registration
or a certified statement by the custodian of the records showing the amount of any arrearage;
(4) the name of the obligor and, if known: (A) the obligor's address and Social Security number;
(B) the name and address of the obligor's employer and any other source of income of the obligor;
and (C) a description and the location of property of the obligor in this state not exempt
from execution; and (5) except as otherwise...
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30-3-60
Section 30-3-60 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CLERK OF THE COURT. Any circuit court clerk, district court clerk or juvenile
court clerk, or their employees, with responsibility for docketing or otherwise carrying out
the court's clerical duties in regard to domestic relations matters, support and nonsupport
cases, including the receipt and disbursement of support payments. (2) COURT. Any juvenile
or family court division of the circuit or district court in the county where the mother of
the child resides or is found, in the county where the father resides or is found, or in the
county where the child resides or is found and, in the case of a petition seeking a divorce
or legal separation, a petition seeking a modification of support previously ordered under
a divorce decree or a petition seeking a contempt citation for failure to pay support previously
ordered under a divorce decree, the circuit court or the domestic...
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30-3D-701
Section 30-3D-701 Definitions. In this article: (1) "Application" means a request
under the Convention by an obligee or obligor, or on behalf of a child, made through a central
authority for assistance from another central authority. (2) "Central authority"
means the entity designated by the United States or a foreign country described in Section
30-3D-102(5)(D) to perform the functions specified in the Convention. (3) "Convention
support order" means a support order of a tribunal of a foreign country described in
Section 30-3D-102(5)(D). (4) "Direct request" means a petition filed by an individual
in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing
outside the United States. (5) "Foreign central authority" means the entity designated
by a foreign country described in Section 30-3D-102(5)(D) to perform the functions specified
in the Convention. (6) "Foreign support agreement": (A) means an agreement for support
in a record that: (i) is...
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30-3D-707
Section 30-3D-707 Contest of registered Convention support order. (a) Except as otherwise provided
in this article, Sections 30-3D-605 through 30-3D-608 apply to a contest of a registered Convention
support order. (b) A party contesting a registered Convention support order shall file a contest
not later than 30 days after notice of the registration, but if the contesting party does
not reside in the United States, the contest must be filed not later than 60 days after notice
of the registration. (c) If the nonregistering party fails to contest the registered Convention
support order by the time specified in subsection (b), the order is enforceable. (d) A contest
of a registered Convention support order may be based only on grounds set forth in Section
30-3D-708. The contesting party bears the burden of proof. (e) In a contest of a registered
Convention support order, a tribunal of this state: (1) is bound by the findings of fact on
which the foreign tribunal based its jurisdiction;...
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12-19-26
Section 12-19-26 Administrative fee for periodic payments; payment to General Fund; notice
of fee. (a) There is hereby imposed an administrative fee of $1.00 to be collected by the
clerks of the circuit and district courts and the registers of the circuit courts for the
receipt and disbursement of each periodic payment made to their offices under any order, decree
or judgment of the circuit or district court which provides for periodic and continuing payments
of alimony, child support, or court-ordered restitution, except for payments received from
a responding state pursuant to Sections 30-4-80 through 30-4-98. Said fee shall be collected
from the individual responsible for the periodic payments at the time each payment is receipted
through the office of the clerk or register, whether such payment is collected for the benefit
of a private individual or the state, including any department or agency thereof and whether
the duty to collect such payments is imposed upon the clerk or...
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12-15-117
Section 12-15-117 Retention and termination of jurisdiction generally. (a) Once a child has
been adjudicated dependent, delinquent, or in need of supervision, jurisdiction of the juvenile
court shall terminate when the child becomes 21 years of age unless, prior thereto, the judge
of the juvenile court terminates its jurisdiction by explicitly stating in a written order
that it is terminating jurisdiction over the case involving the child. Nothing in this section
is intended to affect the initial and continuing jurisdiction of juvenile courts over cases
other than delinquency, dependency, or in need of supervision cases as provided in Sections
12-15-114, 12-15-115, 12-15-116, or any other statute by which jurisdiction was initially
lawfully invoked. (b) The jurisdiction of the juvenile court shall terminate when the child
is convicted or adjudicated a youthful offender as provided in Section 12-15-203(i) and Section
12-15-204(b). If a person already under the jurisdiction of the...
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30-3-169.9
Section 30-3-169.9 Change of principal residence outside state. (a) In those instances where
the change of principal residence of a child results in the relocation of a child to a residence
outside this state, the provisions of Sections 30-3B-101 to 30-3B-314, inclusive, shall apply
to actions commenced under this article. (b) Where the parties have been awarded joint custody,
joint legal custody, or joint physical custody of a child as defined in Section 30-3-151,
and at least one parent having joint custody, joint legal custody, or joint physical custody
of a child continues to maintain a principal residence in this state, the child shall have
a significant connection with this state and a court in fashioning its judgments, orders,
or decrees may retain continuing jurisdiction under Sections 30-3B-202 to 30-3B-204, inclusive,
even though the child's principal residence after the relocation is outside this state. (c)
In a proceeding commenced to modify, interpret, or enforce a final...
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30-3D-313
Section 30-3D-313 Costs and fees. (a) The petitioner may not be required to pay a filing fee
or other costs. (b) If an obligee prevails, a responding tribunal of this state may assess
against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel
and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal
may not assess fees, costs, or expenses against the obligee or the support enforcement agency
of either the initiating or responding state or foreign country, except as provided by other
law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney,
who may enforce the order in the attorney's own name. Payment of support owed to the obligee
has priority over fees, costs, and expenses. (c) The tribunal shall order the payment of costs
and reasonable attorney's fees if it determines that a hearing was requested primarily for
delay. In a proceeding under Article 6, a hearing is presumed to...
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