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30-3B-313
Section 30-3B-313 Recognition and enforcement. A court of this state shall accord full faith
and credit to an order issued by another state and consistent with this chapter which enforces
a child custody determination by a court of another state unless the order has been vacated,
stayed, or modified by a court having jurisdiction to do so under Article 2. (Act 99-438,
p. 866, §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-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-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-105
Section 30-3D-105 Application of chapter to resident of foreign country and foreign support
proceeding. (a) A tribunal of this state shall apply Articles 1 through 6 and, as applicable,
Article 7, to a support proceeding involving: (1) a foreign support order; (2) a foreign tribunal;
or (3) an obligee, obligor, or child residing in a foreign country. (b) A tribunal of this
state that is requested to recognize and enforce a support order on the basis of comity may
apply the procedural and substantive provisions of Articles 1 through 6. (c) Article 7 applies
only to a support proceeding under the Convention. In such a proceeding, if a provision of
Article 7 is inconsistent with Articles 1 through 6, Article 7 controls. (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-604
Section 30-3D-604 Choice of law. (a) Except as otherwise provided in subsection (d), the law
of the issuing state or foreign country governs: (1) the nature, extent, amount, and duration
of current payments under a registered support order; (2) the computation and payment of arrearages
and accrual of interest on the arrearages under the support order; and (3) the existence and
satisfaction of other obligations under the support order. (b) In a proceeding for arrears
under a registered support order, the statute of limitation of this state, or of the issuing
state or foreign country, whichever is longer, applies. (c) A responding tribunal of this
state shall apply the procedures and remedies of this state to enforce current support and
collect arrears and interest due on a support order of another state or a foreign country
registered in this state. (d) After a tribunal of this state or another state determines which
is the controlling order and issues an order consolidating arrears, if...
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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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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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