30-3D-616
Section 30-3D-616 Procedure to register child-support order of foreign country for modification.
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign
child-support order not under the Convention may register that order in this state under Sections
30-3D-601 through 30-3D-608 if the order has not been registered. A petition for modification
may be filed at the same time as a request for registration, or at another time. The petition
must specify the grounds for modification. (Act 2015-284, §1.)...
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30-3D-603
Section 30-3D-603 Effect of registration for enforcement. (a) A support order or income-withholding
order issued in another state or a foreign support order is registered when the order is filed
in the registering tribunal of this state. (b) A registered support order issued in another
state or a foreign country is enforceable in the same manner and is subject to the same procedures
as an order issued by a tribunal of this state. (c) Except as otherwise provided in this chapter,
a tribunal of this state shall recognize and enforce, but may not modify, a registered support
order if the issuing tribunal had jurisdiction. (Act 2015-284, §1.)...
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30-3D-311
Section 30-3D-311 Pleadings and accompanying documents. (a) In a proceeding under this chapter,
a petitioner seeking to establish a support order, to determine parentage of a child, or to
register and modify a support order of a tribunal of another state or a foreign country must
file a petition. Unless otherwise ordered under Section 30-3D-312, the petition or accompanying
documents must provide, so far as known, the name, residential address, and Social Security
numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex,
residential address, Social Security number, and date of birth of each child for whose benefit
support is sought or whose parentage is to be determined. Unless filed at the time of registration,
the petition must be accompanied by a copy of any support order known to have been issued
by another tribunal. The petition may include any other information that may assist in locating
or identifying the respondent. (b) The petition must...
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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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30-3D-319
Section 30-3D-319 Receipt and disbursement of payments. (a) A support enforcement agency or
tribunal of this state shall disburse promptly any amounts received pursuant to a support
order, as directed by the order. The agency or tribunal shall furnish to a requesting party
or tribunal of another state or a foreign country a certified statement by the custodian of
the record of the amounts and dates of all payments received. (b) If neither the obligor,
nor the obligee who is an individual, nor the child resides in this state, upon request from
the support enforcement agency of this state or another state, the support enforcement agency
or a tribunal of this state shall: (1) direct that the support payment be made to the support
enforcement agency in the state in which the obligee is receiving services; and (2) issue
and send to the obligor's employer a conforming income-withholding order or an administrative
notice of change of payee, reflecting the redirected payments. (c) The support...
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30-3D-210
Section 30-3D-210 Application of act to nonresident subject to personal jurisdiction. A tribunal
of this state exercising personal jurisdiction over a nonresident in a proceeding under this
chapter, under other law of this state relating to a support order, or recognizing a foreign
support order may receive evidence from outside this state pursuant to Section 30-3D-316,
communicate with a tribunal outside this state pursuant to Section 30-3D-317, and obtain discovery
through a tribunal outside this state pursuant to Section 30-3D-318. In all other respects,
Articles 3 through 6 do not apply, and the tribunal shall apply the procedural and substantive
law of this state. (Act 2015-284, §1.)...
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30-3D-316
Section 30-3D-316 Special rules of evidence and procedure. (a) The physical presence of a nonresident
party who is an individual in a tribunal of this state is not required for the establishment,
enforcement, or modification of a support order or the rendition of a judgment determining
parentage of a child. (b) An affidavit, a document substantially complying with federally
mandated forms, or a document incorporated by reference in any of them, which would not be
excluded under the hearsay rule if given in person, is admissible in evidence if given under
penalty of perjury by a party or witness residing outside this state. (c) A copy of the record
of child-support payments certified as a true copy of the original by the custodian of the
record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in
it, and is admissible to show whether payments were made. (d) Copies of bills for testing
for parentage of a child, and for prenatal and postnatal health care of...
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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-607
Section 30-3D-607 Contest of registration or enforcement. (a) A party contesting the validity
or enforcement of a registered support order or seeking to vacate the registration has the
burden of proving one or more of the following defenses: (1) the issuing tribunal lacked personal
jurisdiction over the contesting party; (2) the order was obtained by fraud; (3) the order
has been vacated, suspended, or modified by a later order; (4) the issuing tribunal has stayed
the order pending appeal; (5) there is a defense under the law of this state to the remedy
sought; (6) full or partial payment has been made; (7) the statute of limitation under Section
30-3D-604 precludes enforcement of some or all of the alleged arrearages; or (8) the alleged
controlling order is not the controlling order. (b) If a party presents evidence establishing
a full or partial defense under subsection (a), a tribunal may stay enforcement of a registered
support order, continue the proceeding to permit production of...
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