30-3D-706
Section 30-3D-706 Registration of Convention support order. (a) Except as otherwise provided
in this article, a party who is an individual or a support enforcement agency seeking recognition
of a Convention support order shall register the order in this state as provided in Article
6. (b) Notwithstanding Sections 30-3D-311 and 30-3D-602(a), a request for registration of
a Convention support order must be accompanied by: (1) a complete text of the support order
or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which
may be in the form recommended by The Hague Conference on Private International Law; (2) a
record stating that the support order is enforceable in the issuing country; (3) if the respondent
did not appear and was not represented in the proceedings in the issuing country, a record
attesting, as appropriate, either that the respondent had proper notice of the proceedings
and an opportunity to be heard or that the respondent had proper...
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30-3D-708
Section 30-3D-708 Recognition and enforcement of registered Convention support order. (a) Except
as otherwise provided in subsection (b), a tribunal of this state shall recognize and enforce
a registered Convention support order. (b) The following grounds are the only grounds on which
a tribunal of this state may refuse recognition and enforcement of a registered Convention
support order: (1) recognition and enforcement of the order is manifestly incompatible with
public policy, including the failure of the issuing tribunal to observe minimum standards
of due process, which include notice and an opportunity to be heard; (2) the issuing tribunal
lacked personal jurisdiction consistent with Section 30-3D-201; (3) the order is not enforceable
in the issuing country; (4) the order was obtained by fraud in connection with a matter of
procedure; (5) a record transmitted in accordance with Section 30-3D-706 lacks authenticity
or integrity; (6) a proceeding between the same parties and having...
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30-3D-710
Section 30-3D-710 Foreign support agreement. (a) Except as otherwise provided in subsections
(c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement
registered in this state. (b) An application or direct request for recognition and enforcement
of a foreign support agreement must be accompanied by: (1) a complete text of the foreign
support agreement; and (2) a record stating that the foreign support agreement is enforceable
as an order of support in the issuing country. (c) A tribunal of this state may vacate the
registration of a foreign support agreement only if, acting on its own motion, the tribunal
finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition
and enforcement of the agreement if it finds: (1) recognition and enforcement of the agreement
is manifestly incompatible with public policy; (2) the agreement...
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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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30-3D-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-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-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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30-3D-605
Section 30-3D-605 Notice of registration of order. (a) When a support order or income-withholding
order issued in another state or a foreign support order is registered, the registering tribunal
of this state shall notify the nonregistering party. The notice must be accompanied by a copy
of the registered order and the documents and relevant information accompanying the order.
(b) A notice must inform the nonregistering party: (1) that a registered support order is
enforceable as of the date of registration in the same manner as an order issued by a tribunal
of this state; (2) that a hearing to contest the validity or enforcement of the registered
order must be requested within 30 days after notice unless the registered order is under Section
30-3D-707; (3) that failure to contest the validity or enforcement of the registered order
in a timely manner will result in confirmation of the order and enforcement of the order and
the alleged arrearages; and (4) of the amount of any alleged...
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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-205
Section 30-3D-205 Continuing, exclusive jurisdiction to modify child-support order. (a) A tribunal
of this state that has issued a child-support order consistent with the law of this state
has and shall exercise continuing, exclusive jurisdiction to modify its child-support order
if the order is the controlling order and: (1) at the time of the filing of a request for
modification this state is the residence of the obligor, the individual obligee, or the child
for whose benefit the support order is issued; or (2) even if this state is not the residence
of the obligor, the individual obligee, or the child for whose benefit the support order is
issued, the parties consent in a record or in open court that the tribunal of this state may
continue to exercise jurisdiction to modify its order. (b) A tribunal of this state that has
issued a child-support order consistent with the law of this state may not exercise continuing,
exclusive jurisdiction to modify the order if: (1) all of the...
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