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30-3-197
Section 30-3-197 Authorized actions; safeguards. (a) Provided that no actions are pending before
any circuit and district court of this state, the state Title IV-D agency may take the following
actions related to establishment of paternity or to the establishment, modification, or enforcement
of support orders, without the necessity of obtaining an order from any other judicial or
administrative tribunal, or in furtherance of any existing order, and to recognize and enforce
the authority of the state Title IV-D agencies of other states of the following actions: (1)
To order genetic testing for the purpose of paternity establishment. (2) To subpoena any financial
or other information needed to establish, modify, or enforce a support order, and to impose
penalties for failure to respond to a subpoena. (3) To require all entities in the state,
including for profit, nonprofit, and governmental employers, to provide promptly, in response
to a request by the state Title IV-D agency of this...
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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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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-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-502
Section 30-3D-502 Employer's compliance with income-withholding order of another state. (a)
Upon receipt of an income-withholding order, the obligor's employer shall immediately provide
a copy of the order to the obligor. (b) The employer shall treat an income-withholding order
issued in another state which appears regular on its face as if it had been issued by a tribunal
of this state. (c) Except as otherwise provided in subsection (d) and Section 30-3D-503, the
employer shall withhold and distribute the funds as directed in the withholding order by complying
with terms of the order which specify: (1) the duration and amount of periodic payments of
current child support, stated as a sum certain; (2) the person designated to receive payments
and the address to which the payments are to be forwarded; (3) medical support, whether in
the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide
health insurance coverage for the child under a policy...
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30-3-161
Section 30-3-161 Definitions. As used in this article, the following words and phrases shall
have the following meanings, unless the context requires a different definition: (1) CHANGE
OF PRINCIPAL RESIDENCE. A change of the residence of a child whose custody has been determined
by a prior court order, whether or not accompanied by a change of the residence of a person
entitled to custody of the child, with the intent that such change shall be permanent in nature
and not amounting to a temporary absence of the child from his or her principal residence.
(2) CHILD. A minor child as defined by subdivision (2) of Section 30-3B-102. As used in this
article, the term may include the singular and the plural. (3) CHILD CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating...
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30-3-162
Section 30-3-162 Applicability. (a) Except as provided otherwise by this chapter, the provisions
of this article apply to all orders determining custody of or visitation with a child whether
such order was issued before or after September 1, 2003. To the extent that a provision of
this article conflicts with an existing order determining custody of or visitation with a
child or other enforceable agreement, this article does not apply to alter or amend the terms
of such order or agreement which addresses the rights of the parties or the child with regard
to a change in the primary residence of a child. Any person entitled to the legal or physical
custody of or visitation with a child may commence an action for modification to incorporate
the provisions of this article into an existing order determining the custody of or visitation
with a child. Except as provided in subsection (c) of Section 30-3-165, this article shall
not apply to a person who is on active military service in the...
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30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 19 years of age. (3) CHILD CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD CUSTODY PROCEEDING. A proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
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30-3-193
Section 30-3-193 Requests for information by the state Title IV-D agency. (a) Subject to due
process safeguards, including requirements for notice, opportunity to contest the action,
and opportunity for an appeal on the record to a judicial tribunal, upon request from the
state Title IV-D agency, public and private entities and individuals as specified in this
section shall provide information when the state Title IV-D agency has reason to believe that
the information provides location information or otherwise assists in the administration of
the state's child support enforcement program. The information shall be available only for
the purposes prescribed herein. (b) The state Title IV-D agency shall be provided access to
information contained in the following records, including automated access from the governmental
entities maintaining the records: (1) State and local governmental agency records for vital
statistics including records of marriage, birth, paternity, death, and divorce....
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30-5-4
Section 30-5-4 Remedies and relief; duty to inform court of pending proceedings, litigation,
etc.; previous court orders; issuance of orders. (a) The plaintiff's right to relief under
this chapter shall not be affected by his or her leaving the residence or household to avoid
further abuse. (b) At any hearing in a proceeding to obtain a protection order, each party
has a continuing duty to inform the court of each pending proceeding in this state or any
other state for a protection order, any pending civil litigation in this state or any other
state, each pending proceeding in any family or juvenile court of this state or any other
state, each pending criminal case involving the parties in this state or any other state,
and any existing child custody or support order, including the case name, the file number,
and the county and state of the proceeding, if that information is known to the party. (c)
The remedies and procedures provided in this chapter are in addition to and not in lieu...
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