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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-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-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-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-207
Section 30-3D-207 Determination of controlling child-support order. (a) If a proceeding is
brought under this chapter and only one tribunal has issued a child-support order, the order
of that tribunal controls and must be recognized. (b) If a proceeding is brought under this
chapter, and two or more child-support orders have been issued by tribunals of this state,
another state, or a foreign country with regard to the same obligor and same child, a tribunal
of this state having personal jurisdiction over both the obligor and individual obligee shall
apply the following rules and by order shall determine which order controls and must be recognized:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the order of that tribunal controls. (2) If more than one of the tribunals would
have continuing, exclusive jurisdiction under this chapter: (A) an order issued by a tribunal
in the current home state of the child controls; or (B) if an order...
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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-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-104
Section 30-3D-104 Remedies cumulative. (a) Remedies provided by this chapter are cumulative
and do not affect the availability of remedies under other law or the recognition of a foreign
support order on the basis of comity. (b) This chapter does not: (1) provide the exclusive
method of establishing or enforcing a support order under the law of this state; or (2) grant
a tribunal of this state jurisdiction to render judgment or issue an order relating to child
custody or visitation in a proceeding under this chapter. (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-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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