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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-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-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-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-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-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-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-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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30-3-197
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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30-5B-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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