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30-3D-104
Section 30-3D-104 Remedies cumulative. (a) Remedies provided by this chapter are cumulative
and do not affect the availability of remedies under other law or the recognition of a foreign
support order on the basis of comity. (b) This chapter does not: (1) provide the exclusive
method of establishing or enforcing a support order under the law of this state; or (2) grant
a tribunal of this state jurisdiction to render judgment or issue an order relating to child
custody or visitation in a proceeding under this chapter. (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-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-709
Section 30-3D-709 Partial enforcement. If a tribunal of this state does not recognize and enforce
a Convention support order in its entirety, it shall enforce any severable part of the order.
An application or direct request may seek recognition and partial enforcement of a Convention
support order. (Act 2015-284, §1.)...
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30-3D-102
Section 30-3D-102 Definitions. In this chapter: (1) "Child" means an individual,
whether over or under the age of majority, who is or is alleged to be owed a duty of support
by the individual's parent or who is or is alleged to be the beneficiary of a support order
directed to the parent. (2) "Child-support order" means a support order for a child,
including a child who has attained the age of majority under the law of the issuing state
or foreign country. (3) "Convention" means the Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November
23, 2007. (4) "Duty of support" means an obligation imposed or imposable by law
to provide support for a child, spouse, or former spouse, including an unsatisfied obligation
to provide support. (5) "Foreign country" means a country, including a political
subdivision thereof, other than the United States, that authorizes the issuance of support
orders and: (A) which has been...
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30-5B-3
Section 30-5B-3 Judicial enforcement of order. (a) A person authorized by the law of this state
to seek enforcement of a protection order may seek enforcement of a valid foreign protection
order in a court of this state. The court shall enforce the terms of the order, including
terms that provide relief that a court of this state would lack power to provide but for this
section. The court shall enforce the order, whether the order was obtained by independent
action or in another proceeding, if it is an order issued in response to a complaint, petition,
or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce
a foreign protection order, the court shall follow the procedures of this state for the enforcement
of protection orders. (b) A court of this state may not enforce a foreign protection order
issued by a tribunal of a state that does not recognize the standing of a protected individual
to seek enforcement of the order. (c) A court of this state...
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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-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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30-3D-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-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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