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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-204
Section 30-3D-204 Simultaneous proceedings. (a) A tribunal of this state may exercise
jurisdiction to establish a support order if the petition or comparable pleading is filed
after a pleading is filed in another state or a foreign country only if: (1) the petition
or comparable pleading in this state is filed before the expiration of the time allowed in
the other state or the foreign country for filing a responsive pleading challenging the exercise
of jurisdiction by the other state or the foreign country; (2) the contesting party timely
challenges the exercise of jurisdiction in the other state or the foreign country; and (3)
if relevant, this state is the home state of the child. (b) A tribunal of this state may not
exercise jurisdiction to establish a support order if the petition or comparable pleading
is filed before a petition or comparable pleading is filed in another state or a foreign country
if: (1) the petition or comparable pleading in the other state or foreign country is...
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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-202
Section 30-3D-202 Duration of personal jurisdiction. Personal jurisdiction acquired
by a tribunal of this state in a proceeding under this chapter or other law of this state
relating to a support order continues as long as a tribunal of this state has continuing,
exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order
as provided by Sections 30-3D-205, 30-3D-206, and 30-3D-211. (Act 2015-284, §1.)...
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30-3D-401
Section 30-3D-401 Establishment of support order. (a) If a support order entitled to
recognition under this chapter has not been issued, a responding tribunal of this state with
personal jurisdiction over the parties may issue a support order if: (1) the individual seeking
the order resides outside this state; or (2) the support enforcement agency seeking the order
is located outside this state. (b) The tribunal may issue a temporary child-support order
if the tribunal determines that such an order is appropriate and the individual ordered to
pay is: (1) a presumed father of the child; (2) petitioning to have his paternity adjudicated;
(3) identified as the father of the child through genetic testing; (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; (6) an acknowledged father as provided by Section 26-17-101
et seq.; (7) the mother of the child; or (8) an individual who has been ordered to pay...
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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-305
Section 30-3D-305 Duties and powers of responding tribunal. (a) When a responding tribunal
of this state receives a petition or comparable pleading from an initiating tribunal or directly
pursuant to Section 30-3D-301(b), it shall cause the petition or pleading to be filed
and notify the petitioner where and when it was filed. (b) A responding tribunal of this state,
to the extent not prohibited by other law, may do one or more of the following: (1) establish
or enforce a support order, modify a child-support order, determine the controlling child-support
order, or determine parentage of a child; (2) order an obligor to comply with a support order,
specifying the amount and the manner of compliance; (3) order income withholding; (4) determine
the amount of any arrearages, and specify a method of payment; (5) enforce orders by civil
or criminal contempt, or both; (6) set aside property for satisfaction of the support order;
(7) place liens and order execution on the obligor's property;...
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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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30-3-6
Section 30-3-6 Bond, security, or other guarantee to secure payment of overdue support
or compliance with visitation order. (a) As used in this section, the following terms
shall have the following meanings: (1) SUPPORT. Support of any child, with respect to whom
a support order exists, and support of a spouse or former spouse with respect to whom a support
order exists where incidental to an order of child support as required by Title IV-D of the
Social Security Act. (2) OVERDUE SUPPORT. A delinquency in an obligation of "support,"
as such term is defined in this section, the obligation having been previously determined
under a court order or judgment. (3) OBLIGOR. Any person required to make payments under the
terms of a support order or comply with visitation orders. (4) OBLIGEE. Any person or entity
which is entitled to receive support pursuant to a support order and who is receiving support
services from the Department of Human Resources pursuant to Title IV-D of the Social...
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30-3D-307
Section 30-3D-307 Duties of support enforcement agency. (a) A support enforcement agency
of this state, upon request, shall provide services to a petitioner in a proceeding under
this chapter. (b) A support enforcement agency of this state that is providing services to
the petitioner shall: (1) take all steps necessary to enable an appropriate tribunal of this
state, another state, or a foreign country to obtain jurisdiction over the respondent; (2)
request an appropriate tribunal to set a date, time, and place for a hearing; (3) make a reasonable
effort to obtain all relevant information, including information as to income and property
of the parties; (4) within seven days, exclusive of Saturdays, Sundays, and legal holidays,
after receipt of notice in a record from an initiating, responding, or registering tribunal,
send a copy of the notice to the petitioner; (5) within seven days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of communication in a record from...
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