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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Sep 25, 2015 |
signed chap.347 |
| Sep 15, 2015 |
delivered to governor |
| Jun 16, 2015 |
returned to senate passed assembly ordered to third reading rules cal.406 substituted for a7636b |
| Jun 16, 2015 |
substituted by s5685b |
| Jun 15, 2015 |
ordered to third reading rules cal.406 rules report cal.406 reported |
| Jun 10, 2015 |
amend and recommit to rules 7636b |
| Jun 08, 2015 |
reported referred to rules |
| Jun 02, 2015 |
print number 7636a |
| Jun 02, 2015 |
amend (t) and recommit to codes |
| May 28, 2015 |
reported referred to codes |
| May 20, 2015 |
referred to judiciary |
Assembly Bill A7636B
Signed By Governor2015-2016 Legislative Session
Repeals and reenacts the Uniform Interstate Family Support Act; repealer
download bill text pdfSponsored By
WEINSTEIN
Archive: Last Bill Status Via S5685 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 16, 2015
aye (63)- Addabbo Jr.
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Libous
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Skelos
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
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Jun 2, 2015 - Judiciary Committee Vote
S568519Aye0Nay2Aye with Reservations0Absent1Excused0Abstained -
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Bill Amendments
2015-A7636 - Details
- See Senate Version of this Bill:
- S5685
- Law Section:
- Social Services Law
- Laws Affected:
- Amd §111-i, Soc Serv L; rpld & add Art 5-B, Fam Ct Act
2015-A7636 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7636
2015-2016 Regular Sessions
I N A S S E M B L Y
May 20, 2015
___________
Introduced by M. of A. WEINSTEIN -- (at request of the Office of Tempo-
rary and Disability Assistance) -- read once and referred to the
Committee on Judiciary
AN ACT to amend the social services law, in relation to the effective
date of adjustments to the combined parental income amount; and to
amend the family court act, in relation to adopting the 2008 changes
to the uniform interstate family support act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 2 of section 111-i of the
social services law, as amended by chapter 466 of the laws of 2014, is
amended to read as follows:
(b) The combined parental income amount to be reported in the child
support standards chart and utilized in calculating orders of child
support in accordance with subparagraph two of paragraph (c) of subdivi-
sion one of section four hundred thirteen of the family court act and
subparagraph two of paragraph (c) of subdivision one-b of section two
hundred forty of the domestic relations law as of January thirty-first,
two thousand fourteen shall be one hundred forty-one thousand dollars;
provided, however, beginning [January thirty-first] MARCH FIRST, two
thousand sixteen and every two years thereafter, the combined parental
income amount shall increase by the sum of the average annual percentage
changes in the consumer price index for all urban consumers (CPI-U) as
published by the United States department of labor bureau of labor
statistics for the prior two years multiplied by the current combined
parental income amount and then rounded to the nearest one thousand
dollars.
S 2. Article 5-B of the family court act is REPEALED and a new article
5-B is added to read as follows:
ARTICLE 5-B
UNIFORM INTERSTATE FAMILY SUPPORT ACT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09632-03-5
A. 7636 2
PART 1. GENERAL PROVISIONS.
2. JURISDICTION.
3. CIVIL PROVISIONS OF GENERAL APPLICATION.
4. ESTABLISHMENT OF SUPPORT ORDER OR DETERMINATION OF PARENTAGE.
5. ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION.
6. REGISTRATION, ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER.
7. SUPPORT PROCEEDING UNDER CONVENTION.
8. INTERSTATE RENDITION.
9. MISCELLANEOUS PROVISIONS.
PART 1
GENERAL PROVISIONS
SECTION 580-101. SHORT TITLE.
580-102. DEFINITIONS.
580-103. STATE TRIBUNAL AND SUPPORT ENFORCEMENT AGENCY.
580-104. REMEDIES CUMULATIVE.
580-105. APPLICATION OF ARTICLE TO RESIDENT OF FOREIGN COUNTRY
AND FOREIGN SUPPORT PROCEEDING.
S 580-101. SHORT TITLE. THIS ARTICLE MAY BE CITED AS THE "UNIFORM
INTERSTATE FAMILY SUPPORT ACT" OR "UIFSA".
S 580-102. DEFINITIONS. IN THIS ARTICLE:
(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 INDI-
VIDUAL'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 ISSU-
ING 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 TWENTY-THIRD, TWO THOUSAND SEVEN.
(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 SUBDIVI-
SION THEREOF, OTHER THAN THE UNITED STATES, THAT AUTHORIZES THE ISSUANCE
OF SUPPORT ORDERS AND:
(I) WHICH HAS BEEN DECLARED UNDER THE LAW OF THE UNITED STATES TO BE A
FOREIGN RECIPROCATING COUNTRY;
(II) WHICH HAS ESTABLISHED A RECIPROCAL ARRANGEMENT FOR CHILD SUPPORT
WITH THIS STATE AS PROVIDED IN SECTION 580-308 OF THIS ARTICLE;
(III) WHICH HAS ENACTED A LAW OR ESTABLISHED PROCEDURES FOR THE ISSU-
ANCE AND ENFORCEMENT OF SUPPORT ORDERS WHICH ARE SUBSTANTIALLY SIMILAR
TO THE PROCEDURES UNDER THIS ARTICLE; OR
(IV) IN WHICH THE CONVENTION IS IN FORCE WITH RESPECT TO THE UNITED
STATES.
(6) "FOREIGN SUPPORT ORDER" MEANS A SUPPORT ORDER OF A FOREIGN TRIBU-
NAL.
(7) "FOREIGN TRIBUNAL" MEANS A COURT, ADMINISTRATIVE AGENCY OR QUASI-
JUDICIAL ENTITY OF A FOREIGN COUNTRY WHICH IS AUTHORIZED TO ESTABLISH,
ENFORCE OR MODIFY SUPPORT ORDERS, OR TO DETERMINE PARENTAGE OF A CHILD.
THE TERM INCLUDES A COMPETENT AUTHORITY UNDER THE CONVENTION.
(8) "HOME STATE" MEANS THE STATE OR FOREIGN COUNTRY IN WHICH A CHILD
LIVED WITH A PARENT OR A PERSON ACTING AS PARENT FOR AT LEAST SIX
CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE TIME OF FILING OF A PETI-
TION OR COMPARABLE PLEADING FOR SUPPORT AND, IF A CHILD IS LESS THAN SIX
MONTHS OLD, THE STATE OR FOREIGN COUNTRY IN WHICH THE CHILD LIVED FROM
A. 7636 3
BIRTH WITH ANY OF THEM. A PERIOD OF TEMPORARY ABSENCE OF ANY OF THEM IS
COUNTED AS PART OF THE SIX-MONTH OR OTHER PERIOD.
(9) "INCOME" INCLUDES EARNINGS OR OTHER PERIODIC ENTITLEMENTS TO MONEY
FROM ANY SOURCE AND ANY OTHER PROPERTY SUBJECT TO WITHHOLDING FOR
SUPPORT AS DEFINED BY SECTION FIVE THOUSAND TWO HUNDRED FORTY-ONE OF THE
CIVIL PRACTICE LAW AND RULES.
(10) "INCOME WITHHOLDING ORDER" MEANS AN ORDER OR OTHER LEGAL PROCESS
DIRECTED TO AN OBLIGOR'S EMPLOYER, AN INCOME PAYOR AS DEFINED BY SECTION
FIVE THOUSAND TWO HUNDRED FORTY-ONE OR FIVE THOUSAND TWO HUNDRED FORTY-
TWO OF THE CIVIL PRACTICE LAW AND RULES, OR OTHER DEBTOR TO WITHHOLD
SUPPORT FROM THE INCOME OF THE OBLIGOR.
(11) "INITIATING TRIBUNAL" MEANS THE TRIBUNAL OF A STATE OR FOREIGN
COUNTRY FROM WHICH A PETITION OR COMPARABLE PLEADING IS FORWARDED OR IN
WHICH A PETITION OR COMPARABLE PLEADING IS FILED FOR FORWARDING TO
ANOTHER STATE OR FOREIGN COUNTRY.
(12) "ISSUING FOREIGN COUNTRY" MEANS THE FOREIGN COUNTRY IN WHICH A
TRIBUNAL ISSUES A SUPPORT ORDER OR A JUDGMENT DETERMINING PARENTAGE OF A
CHILD.
(13) "ISSUING STATE" MEANS THE STATE IN WHICH A TRIBUNAL ISSUES A
SUPPORT ORDER OR A JUDGMENT DETERMINING PARENTAGE OF A CHILD.
(14) "ISSUING TRIBUNAL" MEANS THE TRIBUNAL OF A STATE OR FOREIGN COUN-
TRY THAT ISSUES A SUPPORT ORDER OR A JUDGMENT DETERMINING PARENTAGE OF A
CHILD.
(15) "LAW" INCLUDES DECISIONAL AND STATUTORY LAW AND RULES AND REGU-
LATIONS HAVING THE FORCE OF LAW.
(16) "OBLIGEE" MEANS:
(I) AN INDIVIDUAL TO WHOM A DUTY OF SUPPORT IS OR IS ALLEGED TO BE
OWED OR IN WHOSE FAVOR A SUPPORT ORDER OR A JUDGMENT DETERMINING PARENT-
AGE OF A CHILD HAS BEEN ISSUED;
(II) A FOREIGN COUNTRY, STATE OR POLITICAL SUBDIVISION OF A STATE TO
WHICH THE RIGHTS UNDER A DUTY OF SUPPORT OR SUPPORT ORDER HAVE BEEN
ASSIGNED OR WHICH HAS INDEPENDENT CLAIMS BASED ON FINANCIAL ASSISTANCE
PROVIDED TO AN INDIVIDUAL OBLIGEE IN PLACE OF CHILD SUPPORT;
(III) AN INDIVIDUAL SEEKING A JUDGMENT DETERMINING PARENTAGE OF THE
INDIVIDUAL'S CHILD; OR
(IV) A PERSON THAT IS A CREDITOR IN A PROCEEDING UNDER PART SEVEN OF
THIS ARTICLE.
(17) "OBLIGOR" MEANS AN INDIVIDUAL, OR THE ESTATE OF A DECEDENT THAT:
(I) OWES OR IS ALLEGED TO OWE A DUTY OF SUPPORT;
(II) IS ALLEGED BUT HAS NOT BEEN ADJUDICATED TO BE A PARENT OF A
CHILD;
(III) IS LIABLE UNDER A SUPPORT ORDER; OR
(IV) IS A DEBTOR IN A PROCEEDING UNDER PART SEVEN OF THIS ARTICLE.
(18) "OUTSIDE THIS STATE" MEANS A LOCATION IN ANOTHER STATE OR A COUN-
TRY OTHER THAN THE UNITED STATES, WHETHER OR NOT THE COUNTRY IS A
FOREIGN COUNTRY.
(19) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST,
ESTATE, TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION,
JOINT VENTURE, PUBLIC CORPORATION, GOVERNMENT OR GOVERNMENTAL SUBDIVI-
SION, AGENCY OR INSTRUMENTALITY, OR ANY OTHER LEGAL OR COMMERCIAL ENTI-
TY.
(20) "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
PERCEIVABLE FORM.
A. 7636 4
(21) "REGISTER" MEANS TO FILE IN A TRIBUNAL OF THIS STATE A SUPPORT
ORDER OR JUDGMENT DETERMINING PARENTAGE OF A CHILD ISSUED IN ANOTHER
STATE OR A FOREIGN COUNTRY.
(22) "REGISTERING TRIBUNAL" MEANS A TRIBUNAL IN WHICH A SUPPORT ORDER
OR JUDGMENT DETERMINING PARENTAGE OF A CHILD IS REGISTERED.
(23) "RESPONDING STATE" MEANS A STATE IN WHICH A PETITION OR COMPARA-
BLE PLEADING FOR SUPPORT OR TO DETERMINE PARENTAGE OF A CHILD IS FILED
OR TO WHICH A PETITION OR COMPARABLE PLEADING IS FORWARDED FOR FILING
FROM ANOTHER STATE OR A FOREIGN COUNTRY.
(24) "RESPONDING TRIBUNAL" MEANS THE AUTHORIZED TRIBUNAL IN A RESPOND-
ING STATE OR FOREIGN COUNTRY.
(25) "SPOUSAL SUPPORT ORDER" MEANS A SUPPORT ORDER FOR A SPOUSE OR
FORMER SPOUSE OF THE OBLIGOR.
(26) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF
COLUMBIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITO-
RY OR INSULAR POSSESSION UNDER THE JURISDICTION OF THE UNITED STATES.
THE TERM INCLUDES AN INDIAN NATION OR TRIBE.
(27) "SUPPORT ENFORCEMENT AGENCY" MEANS A PUBLIC OFFICIAL, GOVERN-
MENTAL ENTITY OR PRIVATE AGENCY AUTHORIZED TO:
(I) SEEK ENFORCEMENT OF SUPPORT ORDERS OR LAWS RELATING TO THE DUTY OF
SUPPORT;
(II) SEEK ESTABLISHMENT OR MODIFICATION OF CHILD SUPPORT;
(III) REQUEST DETERMINATION OF PARENTAGE OF A CHILD;
(IV) ATTEMPT TO LOCATE OBLIGORS OR THEIR ASSETS; OR
(V) REQUEST DETERMINATION OF THE CONTROLLING CHILD SUPPORT ORDER.
(28) "SUPPORT ORDER" MEANS A JUDGMENT, DECREE, ORDER, DECISION OR
DIRECTIVE, WHETHER TEMPORARY, FINAL OR SUBJECT TO MODIFICATION, ISSUED
IN A STATE OR FOREIGN COUNTRY FOR THE BENEFIT OF A CHILD, A SPOUSE OR A
FORMER SPOUSE, WHICH PROVIDES FOR MONETARY SUPPORT, HEALTH CARE, ARREAR-
AGES, RETROACTIVE SUPPORT OR REIMBURSEMENT FOR FINANCIAL ASSISTANCE
PROVIDED TO AN INDIVIDUAL OBLIGEE IN PLACE OF CHILD SUPPORT. THE TERM
MAY INCLUDE RELATED COSTS AND FEES, INTEREST, INCOME WITHHOLDING, AUTO-
MATIC ADJUSTMENT, REASONABLE ATTORNEY'S FEES AND OTHER RELIEF.
(29) "TRIBUNAL" MEANS A COURT, ADMINISTRATIVE AGENCY, OR QUASI-JUDI-
CIAL ENTITY AUTHORIZED TO ESTABLISH, ENFORCE, OR MODIFY SUPPORT ORDERS
OR TO DETERMINE PARENTAGE OF A CHILD.
S 580-103. STATE TRIBUNAL AND STATE SUPPORT ENFORCEMENT AGENCIES. (A)
THE FAMILY COURT IS THE TRIBUNAL OF THIS STATE.
(B) THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND/OR A SOCIAL
SERVICES DISTRICT AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWO OF THE
SOCIAL SERVICES LAW ARE THE SUPPORT ENFORCEMENT AGENCIES OF THIS STATE.
S 580-104. REMEDIES CUMULATIVE. (A) REMEDIES PROVIDED BY THIS ARTICLE
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 ARTICLE 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 ARTICLE.
S 580-105. APPLICATION OF THE ARTICLE TO A RESIDENT OF A FOREIGN COUN-
TRY AND FOREIGN SUPPORT PROCEEDINGS. (A) A TRIBUNAL OF THIS STATE SHALL
APPLY PARTS ONE THROUGH SIX OF THIS ARTICLE AND, AS APPLICABLE, PART
SEVEN OF THIS ARTICLE, TO A SUPPORT PROCEEDING INVOLVING:
(1) A FOREIGN SUPPORT ORDER;
A. 7636 5
(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 PARTS ONE THROUGH SIX OF THIS ARTICLE.
(C) PART SEVEN OF THIS ARTICLE APPLIES ONLY TO A SUPPORT PROCEEDING
UNDER THE CONVENTION. IN SUCH A PROCEEDING, IF A PROVISION OF PART
SEVEN OF THIS ARTICLE IS INCONSISTENT WITH PARTS ONE THROUGH SIX OF THIS
ARTICLE, PART SEVEN OF THIS ARTICLE CONTROLS.
PART 2
JURISDICTION
SECTION 580-201. BASES FOR JURISDICTION OVER NONRESIDENT.
580-202. DURATION OF PERSONAL JURISDICTION.
580-203. INITIATING AND RESPONDING TRIBUNAL OF STATE.
580-204. SIMULTANEOUS PROCEEDINGS.
580-205. CONTINUING EXCLUSIVE JURISDICTION TO MODIFY CHILD
SUPPORT ORDER.
580-206. CONTINUING JURISDICTION TO ENFORCE CHILD SUPPORT ORDER.
580-207. DETERMINATION OF CONTROLLING CHILD SUPPORT ORDER.
580-208. CHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES.
580-209. CREDIT FOR PAYMENTS.
580-210. APPLICATION OF ARTICLE TO NONRESIDENT SUBJECT TO
PERSONAL JURISDICTION.
580-211. CONTINUING EXCLUSIVE JURISDICTION TO MODIFY
SPOUSAL-SUPPORT ORDER.
S 580-201. BASES FOR JURISDICTION OVER NONRESIDENT. (A) IN A PROCEED-
ING TO ESTABLISH OR ENFORCE A SUPPORT ORDER OR TO DETERMINE PARENTAGE OF
A CHILD, A TRIBUNAL OF THIS STATE MAY EXERCISE PERSONAL JURISDICTION
OVER A NONRESIDENT INDIVIDUAL OR THE INDIVIDUAL'S GUARDIAN OR CONSERVA-
TOR IF:
(1) THE INDIVIDUAL IS PERSONALLY SERVED WITH A SUMMONS AND PETITION
WITHIN THIS STATE;
(2) THE INDIVIDUAL SUBMITS TO THE JURISDICTION OF THIS STATE BY
CONSENT, BY ENTERING A GENERAL APPEARANCE, OR BY FILING A RESPONSIVE
DOCUMENT OR OTHER ACTION HAVING THE EFFECT OF WAIVING ANY CONTEST TO
PERSONAL JURISDICTION;
(3) THE INDIVIDUAL RESIDED WITH THE CHILD IN THIS STATE;
(4) THE INDIVIDUAL RESIDED IN THIS STATE AND PROVIDED PRENATAL
EXPENSES OR SUPPORT FOR THE CHILD;
(5) THE CHILD RESIDES IN THIS STATE AS A RESULT OF THE ACTS OR DIREC-
TIVES OF THE INDIVIDUAL;
(6) THE INDIVIDUAL ENGAGED IN SEXUAL INTERCOURSE IN THIS STATE AND THE
CHILD MAY HAVE BEEN CONCEIVED BY THAT ACT OF INTERCOURSE;
(7) THE INDIVIDUAL ASSERTED PARENTAGE OF A CHILD IN THE PUTATIVE
FATHER REGISTRY MAINTAINED IN THIS STATE BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES; OR
(8) THERE IS ANY OTHER BASIS CONSISTENT WITH THE CONSTITUTIONS OF THIS
STATE AND THE UNITED STATES FOR THE EXERCISE OF PERSONAL JURISDICTION.
(B) THE BASES OF PERSONAL JURISDICTION SET FORTH IN SUBDIVISION (A) OF
THIS SECTION OR IN ANY OTHER LAW OF THIS STATE MAY NOT BE USED TO
ACQUIRE PERSONAL JURISDICTION FOR A TRIBUNAL OF THIS STATE TO MODIFY A
CHILD SUPPORT ORDER OF ANOTHER STATE UNLESS THE REQUIREMENTS OF SECTION
580-611 OF THIS ARTICLE ARE MET, OR, IN THE CASE OF A FOREIGN SUPPORT
ORDER, UNLESS THE REQUIREMENTS OF SECTION 580-615 OF THIS ARTICLE ARE
MET.
A. 7636 6
S 580-202. DURATION OF PERSONAL JURISDICTION. PERSONAL JURISDICTION
ACQUIRED BY A TRIBUNAL OF THIS STATE IN A PROCEEDING UNDER THIS ARTICLE
OR OTHER LAW OF THIS STATE RELATING TO A SUPPORT ORDER CONTINUES AS LONG
AS A TRIBUNAL OF THIS STATE HAS CONTINUING, EXCLUSIVE JURISDICTION TO
MODIFY ITS ORDER OR CONTINUING JURISDICTION TO ENFORCE ITS ORDER AS
PROVIDED BY SECTIONS 580-205, 580-206 AND 580-211 OF THIS PART.
S 580-203. INITIATING AND RESPONDING TRIBUNAL OF STATE. UNDER THIS
ARTICLE, A TRIBUNAL OF THIS STATE MAY SERVE AS AN INITIATING TRIBUNAL TO
FORWARD PROCEEDINGS TO A TRIBUNAL OF ANOTHER STATE, AND AS A RESPONDING
TRIBUNAL FOR PROCEEDINGS INITIATED IN ANOTHER STATE OR A FOREIGN COUN-
TRY.
S 580-204. SIMULTANEOUS PROCEEDINGS. (A) A TRIBUNAL OF THIS STATE MAY
EXERCISE JURISDICTION TO ESTABLISH A SUPPORT ORDER IF THE PETITION OR
COMPARABLE PLEADING IS FILED AFTER A PLEADING IS FILED IN ANOTHER STATE
OR A FOREIGN COUNTRY ONLY IF:
(1) THE PETITION OR COMPARABLE PLEADING IN THIS STATE IS FILED BEFORE
THE EXPIRATION OF THE TIME ALLOWED IN THE OTHER STATE OR THE FOREIGN
COUNTRY FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE OF
JURISDICTION BY THE OTHER STATE OR THE FOREIGN COUNTRY;
(2) THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF JURISDIC-
TION IN THE OTHER STATE OR THE FOREIGN COUNTRY; AND
(3) IF RELEVANT, THIS STATE IS THE HOME STATE OF THE CHILD.
(B) A TRIBUNAL OF THIS STATE MAY NOT EXERCISE JURISDICTION TO ESTAB-
LISH A SUPPORT ORDER IF THE PETITION OR COMPARABLE PLEADING IS FILED
BEFORE A PETITION OR COMPARABLE PLEADING IS FILED IN ANOTHER STATE OR A
FOREIGN COUNTRY IF:
(1) THE PETITION OR COMPARABLE PLEADING IN THE OTHER STATE OR FOREIGN
COUNTRY IS FILED BEFORE THE EXPIRATION OF THE TIME ALLOWED IN THIS STATE
FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE OF JURISDIC-
TION BY THIS STATE;
(2) THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF JURISDIC-
TION IN THIS STATE; AND
(3) IF RELEVANT, THE OTHER STATE OR FOREIGN COUNTRY IS THE HOME STATE
OF THE CHILD.
S 580-205. 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 INDI-
VIDUAL OBLIGEE OR THE CHILD FOR WHOSE BENEFIT THE SUPPORT ORDER IS
ISSUED, THE PARTIES CONSENT IN A RECORD OR IN OPEN COURT THAT THE TRIBU-
NAL 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 PARTIES WHO ARE INDIVIDUALS FILE CONSENT IN A RECORD
WITH THE TRIBUNAL OF THIS STATE THAT A TRIBUNAL OF ANOTHER STATE THAT
HAS JURISDICTION OVER AT LEAST ONE OF THE PARTIES WHO IS AN INDIVIDUAL
OR THAT IS LOCATED IN THE STATE OF RESIDENCE OF THE CHILD MAY MODIFY THE
ORDER AND ASSUME CONTINUING, EXCLUSIVE JURISDICTION; OR
(2) ITS ORDER IS NOT THE CONTROLLING ORDER.
A. 7636 7
(C) IF A TRIBUNAL OF ANOTHER STATE HAS ISSUED A CHILD SUPPORT ORDER
PURSUANT TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT OR A LAW SUBSTAN-
TIALLY SIMILAR TO THAT ACT WHICH MODIFIES A CHILD SUPPORT ORDER OF A
TRIBUNAL OF THIS STATE, TRIBUNALS OF THIS STATE SHALL RECOGNIZE THE
CONTINUING, EXCLUSIVE JURISDICTION OF THE TRIBUNAL OF THE OTHER STATE.
(D) A TRIBUNAL OF THIS STATE THAT LACKS CONTINUING, EXCLUSIVE JURIS-
DICTION TO MODIFY A CHILD SUPPORT ORDER MAY SERVE AS AN INITIATING
TRIBUNAL TO REQUEST A TRIBUNAL OF ANOTHER STATE TO MODIFY A SUPPORT
ORDER ISSUED IN THAT STATE.
(E) A TEMPORARY SUPPORT ORDER ISSUED EX PARTE OR PENDING RESOLUTION OF
A JURISDICTIONAL CONFLICT DOES NOT CREATE CONTINUING, EXCLUSIVE JURIS-
DICTION IN THE ISSUING TRIBUNAL.
S 580-206. CONTINUING JURISDICTION TO ENFORCE CHILD SUPPORT ORDER.
(A) A TRIBUNAL OF THIS STATE THAT HAS ISSUED A CHILD SUPPORT ORDER
CONSISTENT WITH THE LAW OF THIS STATE MAY SERVE AS AN INITIATING TRIBU-
NAL TO REQUEST A TRIBUNAL OF ANOTHER STATE TO ENFORCE:
(1) THE ORDER IF THE ORDER IS THE CONTROLLING ORDER AND HAS NOT BEEN
MODIFIED BY A TRIBUNAL OF ANOTHER STATE THAT ASSUMED JURISDICTION PURSU-
ANT TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT; OR
(2) A MONEY JUDGMENT FOR ARREARS OF SUPPORT AND INTEREST ON THE ORDER
ACCRUED BEFORE A DETERMINATION THAT AN ORDER OF A TRIBUNAL OF ANOTHER
STATE IS THE CONTROLLING ORDER.
(B) A TRIBUNAL OF THIS STATE HAVING CONTINUING JURISDICTION OVER A
SUPPORT ORDER MAY ACT AS A RESPONDING TRIBUNAL TO ENFORCE THE ORDER.
S 580-207. DETERMINATION OF CONTROLLING CHILD SUPPORT ORDER. (A) IF A
PROCEEDING IS BROUGHT UNDER THIS ARTICLE 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 ARTICLE, AND TWO OR MORE
CHILD SUPPORT ORDERS HAVE BEEN ISSUED BY TRIBUNALS OF THIS STATE, ANOTH-
ER 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 ARTICLE, THE ORDER OF THAT TRIBUNAL CONTROLS.
(2) IF MORE THAN ONE OF THE TRIBUNALS WOULD HAVE CONTINUING, EXCLUSIVE
JURISDICTION UNDER THIS ARTICLE:
(I) AN ORDER ISSUED BY A TRIBUNAL IN THE CURRENT HOME STATE OF THE
CHILD CONTROLS; OR
(II) IF AN ORDER HAS NOT BEEN ISSUED IN THE CURRENT HOME STATE OF THE
CHILD, THE ORDER MOST RECENTLY ISSUED CONTROLS.
(3) IF NONE OF THE TRIBUNALS WOULD HAVE CONTINUING, EXCLUSIVE JURIS-
DICTION UNDER THIS ARTICLE, THE TRIBUNAL OF THIS STATE SHALL ISSUE A
CHILD SUPPORT ORDER, WHICH CONTROLS.
(C) IF TWO OR MORE CHILD SUPPORT ORDERS HAVE BEEN ISSUED FOR THE SAME
OBLIGOR AND SAME CHILD, UPON REQUEST OF A PARTY WHO IS AN INDIVIDUAL OR
THAT IS A SUPPORT ENFORCEMENT AGENCY, A TRIBUNAL OF THIS STATE HAVING
PERSONAL JURISDICTION OVER BOTH THE OBLIGOR AND THE OBLIGEE WHO IS AN
INDIVIDUAL SHALL DETERMINE WHICH ORDER CONTROLS UNDER SUBDIVISION (B) OF
THIS SECTION. THE REQUEST MAY BE FILED WITH A REGISTRATION FOR ENFORCE-
MENT OR REGISTRATION FOR MODIFICATION PURSUANT TO PART SIX OF THIS ARTI-
CLE, OR MAY BE FILED AS A SEPARATE PROCEEDING.
(D) A REQUEST TO DETERMINE WHICH IS THE CONTROLLING ORDER MUST BE
ACCOMPANIED BY A COPY OF EVERY CHILD SUPPORT ORDER IN EFFECT AND THE
APPLICABLE RECORD OF PAYMENTS. THE REQUESTING PARTY SHALL GIVE NOTICE OF
A. 7636 8
THE REQUEST TO EACH PARTY WHOSE RIGHTS MAY BE AFFECTED BY THE DETERMI-
NATION.
(E) THE TRIBUNAL THAT ISSUED THE CONTROLLING ORDER UNDER SUBDIVISION
(A), (B) OR (C) OF THIS SECTION HAS CONTINUING JURISDICTION TO THE
EXTENT PROVIDED IN SECTION 580-205 OR 580-206 OF THIS PART.
(F) A TRIBUNAL OF THIS STATE THAT DETERMINES BY ORDER WHICH IS THE
CONTROLLING ORDER UNDER PARAGRAPH ONE OR TWO OF SUBDIVISION (B) OR
SUBDIVISION (C) OF THIS SECTION, OR THAT ISSUES A NEW CONTROLLING ORDER
UNDER PARAGRAPH THREE OF SUBDIVISION (B) OF THIS SECTION, SHALL STATE IN
THAT ORDER:
(1) THE BASIS UPON WHICH THE TRIBUNAL MADE ITS DETERMINATION;
(2) THE AMOUNT OF PROSPECTIVE SUPPORT, IF ANY; AND
(3) THE TOTAL AMOUNT OF CONSOLIDATED ARREARS AND ACCRUED INTEREST, IF
ANY, UNDER ALL OF THE ORDERS AFTER ALL PAYMENTS MADE ARE CREDITED AS
PROVIDED BY SECTION 580-209 OF THIS PART.
(G) WITHIN THIRTY DAYS AFTER ISSUANCE OF AN ORDER DETERMINING WHICH IS
THE CONTROLLING ORDER, THE PARTY OBTAINING THE ORDER SHALL FILE A CERTI-
FIED COPY OF IT IN EACH TRIBUNAL THAT ISSUED OR REGISTERED AN EARLIER
ORDER OF CHILD SUPPORT. A PARTY OR SUPPORT ENFORCEMENT AGENCY OBTAINING
THE ORDER THAT FAILS TO FILE A CERTIFIED COPY IS SUBJECT TO APPROPRIATE
SANCTIONS BY A TRIBUNAL IN WHICH THE ISSUE OF FAILURE TO FILE ARISES.
THE FAILURE TO FILE DOES NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF
THE CONTROLLING ORDER.
(H) AN ORDER THAT HAS BEEN DETERMINED TO BE THE CONTROLLING ORDER, OR
A JUDGMENT FOR CONSOLIDATED ARREARS OF SUPPORT AND INTEREST, IF ANY,
MADE PURSUANT TO THIS SECTION MUST BE RECOGNIZED IN PROCEEDINGS UNDER
THIS ARTICLE.
S 580-208. CHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES. IN RESPOND-
ING TO REGISTRATIONS OR PETITIONS FOR ENFORCEMENT OF TWO OR MORE CHILD
SUPPORT ORDERS IN EFFECT AT THE SAME TIME WITH REGARD TO THE SAME OBLI-
GOR AND DIFFERENT INDIVIDUAL OBLIGEES, AT LEAST ONE OF WHICH WAS ISSUED
BY A TRIBUNAL OF ANOTHER STATE OR A FOREIGN COUNTRY, A TRIBUNAL OF THIS
STATE SHALL ENFORCE THOSE ORDERS IN THE SAME MANNER AS IF THE ORDERS HAD
BEEN ISSUED BY A TRIBUNAL OF THIS STATE.
S 580-209. CREDIT FOR PAYMENTS. A TRIBUNAL OF THIS STATE SHALL CREDIT
AMOUNTS COLLECTED FOR A PARTICULAR PERIOD PURSUANT TO ANY CHILD SUPPORT
ORDER AGAINST THE AMOUNTS OWED FOR THE SAME PERIOD UNDER ANY OTHER CHILD
SUPPORT ORDER FOR SUPPORT OF THE SAME CHILD ISSUED BY A TRIBUNAL OF THIS
STATE, ANOTHER STATE, OR A FOREIGN COUNTRY.
S 580-210. APPLICATION OF ARTICLE TO NONRESIDENT SUBJECT TO PERSONAL
JURISDICTION. A TRIBUNAL OF THIS STATE EXERCISING PERSONAL JURISDICTION
OVER A NONRESIDENT IN A PROCEEDING UNDER THIS ARTICLE, UNDER OTHER LAW
OF THIS STATE RELATING TO A SUPPORT ORDER, OR RECOGNIZING A FOREIGN
SUPPORT ORDER MAY RECEIVE EVIDENCE FROM OUTSIDE THIS STATE PURSUANT TO
SECTION 580-316 OF THIS ARTICLE, COMMUNICATE WITH A TRIBUNAL OUTSIDE
THIS STATE PURSUANT TO SECTION 580-317 OF THIS ARTICLE AND OBTAIN
DISCOVERY THROUGH A TRIBUNAL OUTSIDE THIS STATE PURSUANT TO SECTION
580-318 OF THIS ARTICLE. IN ALL OTHER RESPECTS, PARTS THREE THROUGH SIX
OF THIS ARTICLE DO NOT APPLY, AND THE TRIBUNAL SHALL APPLY THE PROCE-
DURAL AND SUBSTANTIVE LAW OF THIS STATE.
S 580-211. CONTINUING EXCLUSIVE JURISDICTION TO MODIFY SPOUSAL-SUPPORT
ORDER. (A) A TRIBUNAL OF THIS STATE ISSUING A SPOUSAL-SUPPORT ORDER
CONSISTENT WITH THE LAW OF THIS STATE HAS CONTINUING, EXCLUSIVE JURIS-
DICTION TO MODIFY THE SPOUSAL-SUPPORT ORDER THROUGHOUT THE EXISTENCE OF
THE SUPPORT OBLIGATION.
A. 7636 9
(B) A TRIBUNAL OF THIS STATE MAY NOT MODIFY A SPOUSAL-SUPPORT ORDER
ISSUED BY A TRIBUNAL OF ANOTHER STATE OR A FOREIGN COUNTRY HAVING
CONTINUING, EXCLUSIVE JURISDICTION OVER THAT ORDER UNDER THE LAW OF THAT
STATE OR FOREIGN COUNTRY.
(C) A TRIBUNAL OF THIS STATE THAT HAS CONTINUING, EXCLUSIVE JURISDIC-
TION OVER A SPOUSAL-SUPPORT ORDER MAY SERVE AS:
(1) AN INITIATING TRIBUNAL TO REQUEST A TRIBUNAL OF ANOTHER STATE TO
ENFORCE THE SPOUSAL-SUPPORT ORDER ISSUED IN THIS STATE; OR
(2) A RESPONDING TRIBUNAL TO ENFORCE OR MODIFY ITS OWN SPOUSAL-SUPPORT
ORDER.
PART 3
CIVIL PROVISIONS OF GENERAL APPLICATION
SECTION 580-301. PROCEEDINGS UNDER ARTICLE.
580-302. ACTION BY MINOR PARENT.
580-303. APPLICATION OF LAW OF STATE.
580-304. DUTIES OF INITIATING TRIBUNAL.
580-305. DUTIES AND POWERS OF RESPONDING TRIBUNAL.
580-306. INAPPROPRIATE TRIBUNAL.
580-307. DUTIES OF SUPPORT ENFORCEMENT AGENCY.
580-308. DUTY OF CERTAIN STATE OFFICIALS.
580-309. PRIVATE COUNSEL.
580-310. DUTIES OF STATE INFORMATION AGENCY.
580-311. PLEADINGS AND ACCOMPANYING DOCUMENTS.
580-312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUM-
STANCES.
580-313. COSTS AND FEES.
580-314. LIMITED IMMUNITY OF PETITIONER.
580-315. NONPARENTAGE AS A DEFENSE.
580-316. SPECIAL RULES OF EVIDENCE AND PROCEDURE.
580-317. COMMUNICATIONS BETWEEN TRIBUNALS.
580-318. ASSISTANCE WITH DISCOVERY.
580-319. RECEIPT AND DISBURSEMENT OF PAYMENTS.
S 580-301. PROCEEDINGS UNDER ARTICLE. (A) EXCEPT AS OTHERWISE PROVIDED
IN THIS ARTICLE, THIS PART APPLIES TO ALL PROCEEDINGS UNDER THIS ARTI-
CLE.
(B) AN INDIVIDUAL PETITIONER OR A SUPPORT ENFORCEMENT AGENCY MAY
INITIATE A PROCEEDING AUTHORIZED UNDER THIS ARTICLE BY FILING A PETITION
IN AN INITIATING TRIBUNAL FOR FORWARDING TO A RESPONDING TRIBUNAL OR BY
FILING A PETITION OR A COMPARABLE PLEADING DIRECTLY IN A TRIBUNAL OF
ANOTHER STATE OR A FOREIGN COUNTRY WHICH HAS OR CAN OBTAIN PERSONAL
JURISDICTION OVER THE RESPONDENT.
S 580-302. PROCEEDING BY A MINOR PARENT. A MINOR PARENT, OR A GUARDI-
AN OR OTHER LEGAL REPRESENTATIVE OF A MINOR PARENT, MAY MAINTAIN A
PROCEEDING ON BEHALF OF OR FOR THE BENEFIT OF THE MINOR'S CHILD.
S 580-303. APPLICATION OF LAW OF STATE. EXCEPT AS OTHERWISE PROVIDED
IN THIS ARTICLE, A RESPONDING TRIBUNAL OF THIS STATE SHALL:
1. APPLY THE PROCEDURAL AND SUBSTANTIVE LAW GENERALLY APPLICABLE TO
SIMILAR PROCEEDINGS ORIGINATING IN THIS STATE AND MAY EXERCISE ALL
POWERS AND PROVIDE ALL REMEDIES AVAILABLE IN THOSE PROCEEDINGS; AND
2. DETERMINE THE DUTY OF SUPPORT AND THE AMOUNT PAYABLE IN ACCORDANCE
WITH THE LAW AND SUPPORT GUIDELINES OF THIS STATE.
S 580-304. DUTIES OF INITIATING TRIBUNAL. (A) UPON THE FILING OF A
PETITION AUTHORIZED BY THIS ARTICLE, AN INITIATING TRIBUNAL OF THIS
STATE SHALL FORWARD THE PETITION AND ITS ACCOMPANYING DOCUMENTS:
(1) TO THE RESPONDING TRIBUNAL OR APPROPRIATE SUPPORT ENFORCEMENT
AGENCY IN THE RESPONDING STATE; OR
A. 7636 10
(2) IF THE IDENTITY OF THE RESPONDING TRIBUNAL IS UNKNOWN, TO THE
STATE INFORMATION AGENCY OF THE RESPONDING STATE WITH A REQUEST THAT
THEY BE FORWARDED TO THE APPROPRIATE TRIBUNAL AND THAT RECEIPT BE
ACKNOWLEDGED.
(B) IF REQUESTED BY THE RESPONDING TRIBUNAL, A TRIBUNAL OF THIS STATE
SHALL ISSUE A CERTIFICATE OR OTHER DOCUMENT AND MAKE FINDINGS REQUIRED
BY THE LAW OF THE RESPONDING STATE. IF THE RESPONDING TRIBUNAL IS IN A
FOREIGN COUNTRY, UPON REQUEST THE TRIBUNAL OF THIS STATE SHALL SPECIFY
THE AMOUNT OF SUPPORT SOUGHT, CONVERT THAT AMOUNT INTO THE EQUIVALENT
AMOUNT IN THE FOREIGN CURRENCY UNDER APPLICABLE OFFICIAL OR MARKET
EXCHANGE RATE AS PUBLICLY REPORTED, AND PROVIDE ANY OTHER DOCUMENTS
NECESSARY TO SATISFY THE REQUIREMENTS OF THE RESPONDING FOREIGN TRIBU-
NAL.
S 580-305. 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 SUBDIVISION
(B) OF SECTION 580-301 OF THIS PART, 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;
(8) ORDER AN OBLIGOR TO KEEP THE TRIBUNAL INFORMED OF THE OBLIGOR'S
CURRENT RESIDENTIAL ADDRESS, ELECTRONIC-MAIL ADDRESS, TELEPHONE NUMBER,
EMPLOYER, ADDRESS OF EMPLOYMENT AND TELEPHONE NUMBER AT THE PLACE OF
EMPLOYMENT;
(9) ISSUE A WARRANT FOR AN OBLIGOR WHO HAS FAILED AFTER PROPER NOTICE
TO APPEAR AT A HEARING ORDERED BY THE TRIBUNAL AND ENTER THE WARRANT IN
ANY LOCAL AND STATE COMPUTER SYSTEMS FOR CRIMINAL WARRANTS;
(10) ORDER THE OBLIGOR TO SEEK APPROPRIATE EMPLOYMENT BY SPECIFIED
METHODS;
(11) AWARD REASONABLE ATTORNEY'S FEES AND OTHER FEES AND COSTS; AND
(12) GRANT ANY OTHER AVAILABLE REMEDY.
(C) A RESPONDING TRIBUNAL OF THIS STATE SHALL INCLUDE IN A SUPPORT
ORDER ISSUED UNDER THIS ARTICLE, OR IN THE DOCUMENTS ACCOMPANYING THE
ORDER, THE CALCULATIONS ON WHICH THE SUPPORT ORDER IS BASED.
(D) A RESPONDING TRIBUNAL OF THIS STATE MAY NOT CONDITION THE PAYMENT
OF A SUPPORT ORDER ISSUED UNDER THIS ARTICLE UPON COMPLIANCE BY A PARTY
WITH PROVISIONS FOR VISITATION.
(E) IF A RESPONDING TRIBUNAL OF THIS STATE ISSUES AN ORDER UNDER THIS
ARTICLE, THE TRIBUNAL SHALL SEND A COPY OF THE ORDER TO THE PETITIONER
AND THE RESPONDENT AND TO THE INITIATING TRIBUNAL, IF ANY.
(F) IF REQUESTED TO ENFORCE A SUPPORT ORDER, ARREARS, OR JUDGMENT OR
MODIFY A SUPPORT ORDER STATED IN A FOREIGN CURRENCY, A RESPONDING TRIBU-
NAL OF THIS STATE SHALL CONVERT THE AMOUNT STATED IN THE FOREIGN CURREN-
A. 7636 11
CY TO THE EQUIVALENT AMOUNT IN DOLLARS UNDER THE APPLICABLE OFFICIAL OR
MARKET EXCHANGE RATE AS PUBLICLY REPORTED.
S 580-306. INAPPROPRIATE TRIBUNAL. IF A PETITION OR COMPARABLE PLEAD-
ING IS RECEIVED BY AN INAPPROPRIATE TRIBUNAL OF THIS STATE, THE TRIBUNAL
SHALL FORWARD THE PLEADING AND ACCOMPANYING DOCUMENTS TO AN APPROPRIATE
TRIBUNAL OF THIS STATE OR ANOTHER STATE AND NOTIFY THE PETITIONER WHERE
AND WHEN THE PLEADING WAS SENT.
S 580-307. DUTIES OF SUPPORT ENFORCEMENT AGENCY. (A) A SUPPORT
ENFORCEMENT AGENCY OF THIS STATE, UPON REQUEST OR, WHERE REQUIRED BY
STATE LAW, UPON APPLICATION, SHALL PROVIDE SERVICES TO A PETITIONER IN A
PROCEEDING UNDER THIS ARTICLE.
(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 TEN DAYS, EXCLUSIVE OF SATURDAYS, SUNDAYS AND LEGAL HOLI-
DAYS, 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 TEN DAYS, EXCLUSIVE OF SATURDAYS, SUNDAYS AND LEGAL HOLI-
DAYS, AFTER RECEIPT OF COMMUNICATION IN A RECORD FROM THE RESPONDENT OR
THE RESPONDENT'S ATTORNEY, SEND A COPY OF THE COMMUNICATION TO THE PETI-
TIONER; AND
(6) NOTIFY THE PETITIONER IF JURISDICTION OVER THE RESPONDENT CANNOT
BE OBTAINED.
(C) A SUPPORT ENFORCEMENT AGENCY OF THIS STATE THAT REQUESTS REGISTRA-
TION OF A CHILD SUPPORT ORDER IN THIS STATE FOR ENFORCEMENT OR FOR
MODIFICATION SHALL MAKE REASONABLE EFFORTS:
(1) TO ENSURE THAT THE ORDER TO BE REGISTERED IS THE CONTROLLING
ORDER; OR
(2) IF TWO OR MORE CHILD SUPPORT ORDERS EXIST AND THE IDENTITY OF THE
CONTROLLING ORDER HAS NOT BEEN DETERMINED, TO ENSURE THAT A REQUEST FOR
SUCH A DETERMINATION IS MADE IN A TRIBUNAL HAVING JURISDICTION TO DO SO.
(D) A SUPPORT ENFORCEMENT AGENCY OF THIS STATE THAT REQUESTS REGISTRA-
TION AND ENFORCEMENT OF A SUPPORT ORDER, ARREARS OR JUDGMENT STATED IN A
FOREIGN CURRENCY SHALL CONVERT THE AMOUNTS STATED IN THE FOREIGN CURREN-
CY INTO THE EQUIVALENT AMOUNTS IN DOLLARS UNDER THE APPLICABLE OFFICIAL
OR MARKET EXCHANGE RATE AS PUBLICLY REPORTED.
(E) A SUPPORT ENFORCEMENT AGENCY OF THIS STATE SHALL ISSUE OR REQUEST
A TRIBUNAL OF THIS STATE TO ISSUE A CHILD SUPPORT ORDER AND AN INCOME
WITHHOLDING ORDER THAT REDIRECT PAYMENT OF CURRENT SUPPORT, ARREARS, AND
INTEREST IF REQUESTED TO DO SO BY A SUPPORT ENFORCEMENT AGENCY OF ANOTH-
ER STATE PURSUANT TO SECTION 580-319 OF THIS PART.
(F) THIS ARTICLE DOES NOT CREATE OR NEGATE A RELATIONSHIP OF ATTORNEY
AND CLIENT OR OTHER FIDUCIARY RELATIONSHIP BETWEEN A SUPPORT ENFORCEMENT
AGENCY OR THE ATTORNEY FOR THE AGENCY AND THE INDIVIDUAL BEING ASSISTED
BY THE AGENCY.
S 580-308. DUTY OF CERTAIN STATE OFFICIALS. (A) IF THE ATTORNEY
GENERAL DETERMINES THAT THE SUPPORT ENFORCEMENT AGENCY IS NEGLECTING OR
REFUSING TO PROVIDE SERVICES TO AN INDIVIDUAL, THE ATTORNEY GENERAL MAY
ORDER THE AGENCY TO PERFORM ITS DUTIES UNDER THIS ARTICLE OR MAY PROVIDE
THOSE SERVICES DIRECTLY TO THE INDIVIDUAL.
A. 7636 12
(B) THE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE MAY DETER-
MINE THAT A FOREIGN COUNTRY HAS ESTABLISHED A RECIPROCAL ARRANGEMENT FOR
CHILD SUPPORT WITH THIS STATE AND TAKE APPROPRIATE ACTION FOR NOTIFICA-
TION OF THE DETERMINATION.
S 580-309. PRIVATE COUNSEL. AN INDIVIDUAL MAY EMPLOY PRIVATE COUNSEL
TO REPRESENT THE INDIVIDUAL IN PROCEEDINGS AUTHORIZED BY THIS ARTICLE.
S 580-310. DUTIES OF STATE INFORMATION AGENCY. (A) THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE IS THE STATE INFORMATION AGENCY
UNDER THIS ARTICLE.
(B) THE STATE INFORMATION AGENCY SHALL:
(1) COMPILE AND MAINTAIN A CURRENT LIST, INCLUDING ADDRESSES, OF THE
TRIBUNALS IN THIS STATE WHICH HAVE JURISDICTION UNDER THIS ARTICLE AND
ANY SUPPORT ENFORCEMENT AGENCIES IN THIS STATE AND TRANSMIT A COPY TO
THE STATE INFORMATION AGENCY OF EVERY OTHER STATE;
(2) MAINTAIN A REGISTER OF NAMES AND ADDRESSES OF TRIBUNALS AND
SUPPORT ENFORCEMENT AGENCIES RECEIVED FROM OTHER STATES;
(3) FORWARD TO THE APPROPRIATE TRIBUNAL IN THE COUNTY IN THIS STATE IN
WHICH THE OBLIGEE WHO IS AN INDIVIDUAL OR THE OBLIGOR RESIDES, OR IN
WHICH THE OBLIGOR'S PROPERTY IS BELIEVED TO BE LOCATED, ALL DOCUMENTS
CONCERNING A PROCEEDING UNDER THIS ARTICLE RECEIVED FROM ANOTHER STATE
OR A FOREIGN COUNTRY; AND
(4) OBTAIN INFORMATION CONCERNING THE LOCATION OF THE OBLIGOR AND THE
OBLIGOR'S PROPERTY WITHIN THIS STATE NOT EXEMPT FROM EXECUTION, BY SUCH
MEANS AS POSTAL VERIFICATION AND FEDERAL OR STATE LOCATOR SERVICES,
EXAMINATION OF TELEPHONE DIRECTORIES, REQUESTS FOR THE OBLIGOR'S ADDRESS
FROM EMPLOYERS AND EXAMINATION OF GOVERNMENTAL RECORDS, INCLUDING, TO
THE EXTENT NOT PROHIBITED BY OTHER LAW, THOSE RELATING TO REAL PROPERTY,
VITAL STATISTICS, LAW ENFORCEMENT, TAXATION, MOTOR VEHICLES, DRIVER'S
LICENSES AND SOCIAL SECURITY.
S 580-311. PLEADINGS AND ACCOMPANYING DOCUMENTS. (A) IN A PROCEEDING
UNDER THIS ARTICLE, A PETITIONER SEEKING TO ESTABLISH A SUPPORT ORDER,
TO DETERMINE PARENTAGE OF A CHILD OR TO REGISTER AND MODIFY A SUPPORT
ORDER OF A TRIBUNAL OF ANOTHER STATE OR A FOREIGN COUNTRY MUST FILE A
PETITION. UNLESS OTHERWISE ORDERED UNDER SECTION 580-312 OF THIS PART,
THE PETITION OR ACCOMPANYING DOCUMENTS MUST PROVIDE, SO FAR AS KNOWN,
THE NAME, RESIDENTIAL ADDRESS AND SOCIAL SECURITY NUMBERS OF THE OBLIGOR
AND THE OBLIGEE OR THE PARENT AND ALLEGED PARENT, AND THE NAME, SEX,
RESIDENTIAL ADDRESS, SOCIAL SECURITY NUMBER AND DATE OF BIRTH OF EACH
CHILD FOR WHOSE BENEFIT SUPPORT IS SOUGHT OR WHOSE PARENTAGE IS TO BE
DETERMINED. UNLESS FILED AT THE TIME OF REGISTRATION, THE PETITION MUST
BE ACCOMPANIED BY A COPY OF ANY SUPPORT ORDER KNOWN TO HAVE BEEN ISSUED
BY ANOTHER TRIBUNAL. THE PETITION MAY INCLUDE ANY OTHER INFORMATION THAT
MAY ASSIST IN LOCATING OR IDENTIFYING THE RESPONDENT.
(B) THE PETITION MUST SPECIFY THE RELIEF SOUGHT. THE PETITION AND
ACCOMPANYING DOCUMENTS MUST CONFORM SUBSTANTIALLY WITH THE REQUIREMENTS
IMPOSED BY THE FORMS MANDATED BY FEDERAL LAW FOR USE IN CASES FILED BY A
SUPPORT ENFORCEMENT AGENCY.
S 580-312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES.
IF A PARTY ALLEGES IN AN AFFIDAVIT OR A PLEADING UNDER OATH THAT THE
HEALTH, SAFETY OR LIBERTY OF A PARTY OR CHILD WOULD BE JEOPARDIZED BY
DISCLOSURE OF SPECIFIC IDENTIFYING INFORMATION, THAT INFORMATION MUST BE
SEALED AND MAY NOT BE DISCLOSED TO THE OTHER PARTY OR THE PUBLIC. AFTER
A HEARING IN WHICH A TRIBUNAL TAKES INTO CONSIDERATION THE HEALTH, SAFE-
TY OR LIBERTY OF THE PARTY OR CHILD, THE TRIBUNAL MAY ORDER DISCLOSURE
OF INFORMATION THAT THE TRIBUNAL DETERMINES TO BE IN THE INTEREST OF
JUSTICE.
A. 7636 13
S 580-313. COSTS AND FEES. (A) THE PETITIONER MAY NOT BE REQUIRED TO
PAY A FILING FEE OR OTHER COSTS.
(B) IF AN OBLIGEE PREVAILS, A RESPONDING TRIBUNAL OF THIS STATE MAY
ASSESS AGAINST AN OBLIGOR FILING FEES, REASONABLE ATTORNEY'S FEES, OTHER
COSTS, AND NECESSARY TRAVEL AND OTHER REASONABLE EXPENSES INCURRED BY
THE OBLIGEE AND THE OBLIGEE'S WITNESSES. THE TRIBUNAL MAY NOT ASSESS
FEES, COSTS OR EXPENSES AGAINST THE OBLIGEE OR THE SUPPORT ENFORCEMENT
AGENCY OF EITHER THE INITIATING OR RESPONDING STATE OR FOREIGN COUNTRY,
EXCEPT AS PROVIDED BY OTHER LAW. ATTORNEY'S FEES MAY BE TAXED AS COSTS,
AND MAY BE ORDERED PAID DIRECTLY TO THE ATTORNEY, WHO MAY ENFORCE THE
ORDER IN THE ATTORNEY'S OWN NAME. PAYMENT OF SUPPORT OWED TO THE OBLIGEE
HAS PRIORITY OVER FEES, COSTS, AND EXPENSES.
(C) THE TRIBUNAL SHALL ORDER THE PAYMENT OF COSTS AND REASONABLE
ATTORNEY'S FEES IF IT DETERMINES THAT A HEARING WAS REQUESTED PRIMARILY
FOR DELAY. IN A PROCEEDING UNDER PART SIX OF THIS ARTICLE, A HEARING IS
PRESUMED TO HAVE BEEN REQUESTED PRIMARILY FOR DELAY IF A REGISTERED
SUPPORT ORDER IS CONFIRMED OR ENFORCED WITHOUT CHANGE.
S 580-314. LIMITED IMMUNITY OF PETITIONER. (A) PARTICIPATION BY A
PETITIONER IN A PROCEEDING UNDER THIS ARTICLE BEFORE A RESPONDING TRIBU-
NAL, WHETHER IN PERSON, BY PRIVATE ATTORNEY OR THROUGH SERVICES PROVIDED
BY THE SUPPORT ENFORCEMENT AGENCY, DOES NOT CONFER PERSONAL JURISDICTION
OVER THE PETITIONER IN ANOTHER PROCEEDING.
(B) A PETITIONER IS NOT AMENABLE TO SERVICE OF CIVIL PROCESS WHILE
PHYSICALLY PRESENT IN THIS STATE TO PARTICIPATE IN A PROCEEDING UNDER
THIS ARTICLE.
(C) THE IMMUNITY GRANTED BY THIS SECTION DOES NOT EXTEND TO CIVIL
LITIGATION BASED ON ACTS UNRELATED TO A PROCEEDING UNDER THIS ARTICLE
COMMITTED BY A PARTY WHILE PHYSICALLY PRESENT IN THIS STATE TO PARTIC-
IPATE IN THE PROCEEDING.
S 580-315. NONPARENTAGE AS DEFENSE. A PARTY WHOSE PARENTAGE OF A
CHILD HAS BEEN PREVIOUSLY DETERMINED BY OR PURSUANT TO LAW MAY NOT PLEAD
NONPARENTAGE AS A DEFENSE TO A PROCEEDING UNDER THIS ARTICLE.
S 580-316. 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 MODIFI-
CATION 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 THE MOTHER AND CHILD, FURNISHED TO
THE ADVERSE PARTY AT LEAST TEN DAYS BEFORE TRIAL, ARE ADMISSIBLE IN
EVIDENCE TO PROVE THE AMOUNT OF THE CHARGES BILLED AND THAT THE CHARGES
WERE REASONABLE, NECESSARY AND CUSTOMARY.
(E) DOCUMENTARY EVIDENCE TRANSMITTED FROM OUTSIDE THIS STATE TO A
TRIBUNAL OF THIS STATE BY TELEPHONE, TELECOPIER OR OTHER ELECTRONIC
MEANS THAT DO NOT PROVIDE AN ORIGINAL RECORD MAY NOT BE EXCLUDED FROM
EVIDENCE ON AN OBJECTION BASED ON THE MEANS OF TRANSMISSION.
A. 7636 14
(F) IN A PROCEEDING UNDER THIS ARTICLE, A TRIBUNAL OF THIS STATE SHALL
PERMIT A PARTY OR WITNESS RESIDING OUTSIDE THIS STATE TO BE DEPOSED OR
TO TESTIFY UNDER PENALTY OF PERJURY BY TELEPHONE, AUDIOVISUAL MEANS OR
OTHER ELECTRONIC MEANS AT A DESIGNATED TRIBUNAL OR OTHER LOCATION. A
TRIBUNAL OF THIS STATE SHALL COOPERATE WITH OTHER TRIBUNALS IN DESIGNAT-
ING AN APPROPRIATE LOCATION FOR THE DEPOSITION OR TESTIMONY.
(G) IF A PARTY CALLED TO TESTIFY AT A CIVIL HEARING REFUSES TO ANSWER
ON THE GROUND THAT THE TESTIMONY MAY BE SELF-INCRIMINATING, THE TRIER OF
FACT MAY DRAW AN ADVERSE INFERENCE FROM THE REFUSAL.
(H) A PRIVILEGE AGAINST DISCLOSURE OF COMMUNICATIONS BETWEEN SPOUSES
DOES NOT APPLY IN A PROCEEDING UNDER THIS ARTICLE.
(I) THE DEFENSE OF IMMUNITY BASED ON THE RELATIONSHIP OF HUSBAND AND
WIFE OR PARENT AND CHILD DOES NOT APPLY IN A PROCEEDING UNDER THIS ARTI-
CLE.
(J) A VOLUNTARY ACKNOWLEDGMENT OF PATERNITY, CERTIFIED AS A TRUE COPY,
IS ADMISSIBLE TO ESTABLISH PARENTAGE OF THE CHILD.
S 580-317. COMMUNICATIONS BETWEEN TRIBUNALS. A TRIBUNAL OF THIS STATE
MAY COMMUNICATE WITH A TRIBUNAL OUTSIDE THIS STATE IN A RECORD OR BY
TELEPHONE, ELECTRONIC MAIL OR OTHER MEANS, TO OBTAIN INFORMATION
CONCERNING THE LAWS, THE LEGAL EFFECT OF A JUDGMENT, DECREE OR ORDER OF
THAT TRIBUNAL, AND THE STATUS OF A PROCEEDING. A TRIBUNAL OF THIS STATE
MAY FURNISH SIMILAR INFORMATION BY SIMILAR MEANS TO A TRIBUNAL OUTSIDE
THIS STATE.
S 580-318. ASSISTANCE WITH DISCOVERY. A TRIBUNAL OF THIS STATE MAY:
1. REQUEST A TRIBUNAL OUTSIDE THIS STATE TO ASSIST IN OBTAINING
DISCOVERY; AND
2. UPON REQUEST, COMPEL A PERSON OVER WHICH IT HAS JURISDICTION TO
RESPOND TO A DISCOVERY ORDER ISSUED BY A TRIBUNAL OUTSIDE THIS STATE.
S 580-319. RECEIPT AND DISBURSEMENT OF PAYMENTS. (A) A SUPPORT
ENFORCEMENT AGENCY OR TRIBUNAL OF THIS STATE SHALL DISBURSE PROMPTLY ANY
AMOUNTS RECEIVED PURSUANT TO A SUPPORT ORDER, AS DIRECTED BY THE ORDER.
THE AGENCY OR TRIBUNAL SHALL FURNISH TO A REQUESTING PARTY OR TRIBUNAL
OF ANOTHER STATE OR A FOREIGN COUNTRY A CERTIFIED STATEMENT BY THE
CUSTODIAN OF THE RECORD OF THE AMOUNTS AND DATES OF ALL PAYMENTS
RECEIVED.
(B) IF NEITHER THE OBLIGOR, NOR THE OBLIGEE WHO IS AN INDIVIDUAL, NOR
THE CHILD RESIDES IN THIS STATE, UPON REQUEST FROM A SUPPORT ENFORCEMENT
AGENCY OF THIS STATE OR ANOTHER STATE, A SUPPORT ENFORCEMENT AGENCY OR A
TRIBUNAL OF THIS STATE SHALL:
(1) DIRECT THAT THE SUPPORT PAYMENT BE MADE TO THE SUPPORT ENFORCEMENT
AGENCY IN THE STATE IN WHICH THE OBLIGEE IS RECEIVING SERVICES; AND
(2) ISSUE AND SEND TO THE OBLIGOR'S EMPLOYER A CONFORMING INCOME WITH-
HOLDING ORDER OR AN ADMINISTRATIVE NOTICE OF CHANGE OF PAYEE, REFLECTING
THE REDIRECTED PAYMENTS.
(C) A SUPPORT ENFORCEMENT AGENCY OF THIS STATE RECEIVING REDIRECTED
PAYMENTS FROM ANOTHER STATE PURSUANT TO A LAW SIMILAR TO SUBDIVISION (B)
OF THIS SECTION SHALL FURNISH TO A REQUESTING PARTY OR TRIBUNAL OF THE
OTHER STATE A CERTIFIED STATEMENT BY THE CUSTODIAN OF THE RECORD OF THE
AMOUNT AND DATES OF ALL PAYMENTS RECEIVED.
PART 4
ESTABLISHMENT OF SUPPORT ORDER OR
DETERMINATION OF PARENTAGE
SECTION 580-401. ESTABLISHMENT OF SUPPORT ORDER.
580-402. PROCEEDING TO DETERMINE PARENTAGE.
S 580-401. ESTABLISHMENT OF SUPPORT ORDER. (A) IF A SUPPORT ORDER
ENTITLED TO RECOGNITION UNDER THIS ARTICLE HAS NOT BEEN ISSUED, A
A. 7636 15
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 APPLICABLE STATE LAW;
(7) THE MOTHER OF THE CHILD; OR
(8) AN INDIVIDUAL WHO HAS BEEN ORDERED TO PAY CHILD SUPPORT IN A
PREVIOUS PROCEEDING AND THE ORDER HAS NOT BEEN REVERSED OR VACATED.
(C) UPON FINDING, AFTER NOTICE AND OPPORTUNITY TO BE HEARD, THAT AN
OBLIGOR OWES A DUTY OF SUPPORT, THE TRIBUNAL SHALL ISSUE A SUPPORT ORDER
DIRECTED TO THE OBLIGOR AND MAY ISSUE OTHER ORDERS PURSUANT TO SECTION
580-305 OF THIS ARTICLE.
S 580-402. PROCEEDING TO DETERMINE PARENTAGE. A TRIBUNAL OF THIS
STATE AUTHORIZED TO DETERMINE PARENTAGE OF A CHILD MAY SERVE AS A
RESPONDING TRIBUNAL IN A PROCEEDING TO DETERMINE PARENTAGE OF A CHILD
BROUGHT UNDER THIS ARTICLE OR A LAW OR PROCEDURE SUBSTANTIALLY SIMILAR
TO THIS ARTICLE.
PART 5
ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION
SECTION 580-501. EMPLOYER'S RECEIPT OF INCOME WITHHOLDING ORDER OF
ANOTHER STATE.
580-502. EMPLOYER'S COMPLIANCE WITH INCOME WITHHOLDING ORDER OF
ANOTHER STATE.
580-503. COMPLIANCE WITH MULTIPLE INCOME WITHHOLDING ORDERS.
580-504. IMMUNITY FROM CIVIL LIABILITY.
580-505. PENALTIES FOR NONCOMPLIANCE.
580-506. CONTEST BY OBLIGOR.
580-507. ADMINISTRATIVE ENFORCEMENT OF ORDERS.
S 580-501. EMPLOYER'S RECEIPT OF INCOME WITHHOLDING ORDER OF ANOTHER
STATE. AN INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE MAY BE SENT
BY OR ON BEHALF OF THE OBLIGEE, OR BY THE SUPPORT ENFORCEMENT AGENCY, TO
THE PERSON DEFINED AS THE OBLIGOR'S EMPLOYER OR INCOME PAYOR UNDER
SECTION FIVE THOUSAND TWO HUNDRED FORTY-ONE OF THE CIVIL PRACTICE LAW
AND RULES OR OTHER DEBTOR (FOR PURPOSES OF THIS PART AND SECTION 580-605
OF THIS ARTICLE, EMPLOYER SHALL ALSO INCLUDE INCOME PAYOR OR OTHER
DEBTOR) WITHOUT FIRST FILING A PETITION OR COMPARABLE PLEADING OR REGIS-
TERING THE ORDER WITH A TRIBUNAL OF THIS STATE.
S 580-502. 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 SUBDIVISION (D) OF THIS SECTION
AND SECTION 580-503 OF THIS PART, THE EMPLOYER SHALL WITHHOLD AND
A. 7636 16
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 AVAILABLE THROUGH THE
OBLIGOR'S EMPLOYMENT;
(4) THE AMOUNT OF PERIODIC PAYMENTS OF FEES AND COSTS FOR A SUPPORT
ENFORCEMENT AGENCY, THE ISSUING TRIBUNAL AND THE OBLIGEE'S ATTORNEY,
STATED AS SUMS CERTAIN; AND
(5) THE AMOUNT OF PERIODIC PAYMENTS OF ARREARAGES AND INTEREST ON
ARREARAGES, STATED AS SUMS CERTAIN.
(D) AN EMPLOYER SHALL COMPLY WITH THE LAW OF THE STATE OF THE
OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT FOR WITHHOLDING FROM INCOME WITH
RESPECT TO:
(1) THE EMPLOYER'S FEE FOR PROCESSING AN INCOME WITHHOLDING ORDER;
(2) THE MAXIMUM AMOUNT PERMITTED TO BE WITHHELD FROM THE OBLIGOR'S
INCOME; AND
(3) THE TIMES WITHIN WHICH THE EMPLOYER MUST IMPLEMENT THE WITHHOLDING
ORDER AND FORWARD THE CHILD SUPPORT PAYMENT.
S 580-503. COMPLIANCE WITH MULTIPLE INCOME WITHHOLDING ORDERS. IF AN
OBLIGOR'S EMPLOYER RECEIVES TWO OR MORE INCOME WITHHOLDING ORDERS WITH
RESPECT TO THE EARNINGS OF THE SAME OBLIGOR, THE EMPLOYER SATISFIES THE
TERMS OF THE ORDERS IF THE EMPLOYER COMPLIES WITH THE LAW OF THE STATE
OF THE OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT TO ESTABLISH THE PRIORI-
TIES FOR WITHHOLDING AND ALLOCATING INCOME WITHHELD FOR TWO OR MORE
CHILD SUPPORT OBLIGEES.
S 580-504. IMMUNITY FROM CIVIL LIABILITY. AN EMPLOYER THAT COMPLIES
WITH AN INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE IN ACCORDANCE
WITH THIS PART IS NOT SUBJECT TO CIVIL LIABILITY TO AN INDIVIDUAL OR
AGENCY WITH REGARD TO THE EMPLOYER'S WITHHOLDING OF CHILD SUPPORT FROM
THE OBLIGOR'S INCOME.
S 580-505. PENALTIES FOR NONCOMPLIANCE. AN EMPLOYER THAT WILLFULLY
FAILS TO COMPLY WITH AN INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE
AND RECEIVED FOR ENFORCEMENT IS SUBJECT TO THE SAME PENALTIES THAT MAY
BE IMPOSED FOR NONCOMPLIANCE WITH AN ORDER ISSUED BY A TRIBUNAL OF THIS
STATE.
S 580-506. CONTEST BY OBLIGOR. (A) AN OBLIGOR MAY CONTEST THE VALIDI-
TY OR ENFORCEMENT OF AN INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE
AND RECEIVED DIRECTLY BY AN EMPLOYER IN THIS STATE BY REGISTERING THE
ORDER IN A TRIBUNAL OF THIS STATE AND FILING A CONTEST TO THAT ORDER AS
PROVIDED IN PART SIX OF THIS ARTICLE, OR OTHERWISE CONTESTING THE ORDER
IN THE SAME MANNER AS IF THE ORDER HAD BEEN ISSUED BY A TRIBUNAL OF THIS
STATE.
(B) THE OBLIGOR SHALL GIVE NOTICE OF THE CONTEST TO:
(1) A SUPPORT ENFORCEMENT AGENCY PROVIDING SERVICES TO THE OBLIGEE;
(2) EACH EMPLOYER THAT HAS DIRECTLY RECEIVED AN INCOME WITHHOLDING
ORDER RELATING TO THE OBLIGOR; AND
(3) THE PERSON DESIGNATED TO RECEIVE PAYMENTS IN THE INCOME WITHHOLD-
ING ORDER OR, IF NO PERSON IS DESIGNATED, TO THE OBLIGEE.
S 580-507. ADMINISTRATIVE ENFORCEMENT OF ORDERS. (A) A PARTY OR
SUPPORT ENFORCEMENT AGENCY SEEKING TO ENFORCE A SUPPORT ORDER OR AN
INCOME WITHHOLDING ORDER, OR BOTH, ISSUED IN ANOTHER STATE OR A FOREIGN
A. 7636 17
SUPPORT ORDER MAY SEND THE DOCUMENTS REQUIRED FOR REGISTERING THE ORDER
TO A SUPPORT ENFORCEMENT AGENCY OF THIS STATE.
(B) UPON RECEIPT OF THE DOCUMENTS, THE SUPPORT ENFORCEMENT AGENCY,
WITHOUT INITIALLY SEEKING TO REGISTER THE ORDER, SHALL CONSIDER AND, IF
APPROPRIATE, USE ANY ADMINISTRATIVE PROCEDURE AUTHORIZED BY THE LAW OF
THIS STATE TO ENFORCE A SUPPORT ORDER OR AN INCOME WITHHOLDING ORDER, OR
BOTH. IF THE OBLIGOR DOES NOT CONTEST ADMINISTRATIVE ENFORCEMENT, THE
ORDER NEED NOT BE REGISTERED. IF THE OBLIGOR CONTESTS THE VALIDITY OR
ADMINISTRATIVE ENFORCEMENT OF THE ORDER, THE SUPPORT ENFORCEMENT AGENCY
SHALL REGISTER THE ORDER PURSUANT TO THIS ARTICLE.
PART 6
REGISTRATION, ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
SUBPART A. REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER.
B. CONTEST OF VALIDITY OR ENFORCEMENT.
C. REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER OF
ANOTHER STATE.
D. REGISTRATION AND MODIFICATION OF FOREIGN CHILD SUPPORT ORDER.
SUBPART A
REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
SECTION 580-601. REGISTRATION OF ORDER FOR ENFORCEMENT.
580-602. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT.
580-603. EFFECT OF REGISTRATION FOR ENFORCEMENT.
580-604. CHOICE OF LAW.
S 580-601. REGISTRATION OF ORDER FOR ENFORCEMENT. A SUPPORT ORDER OR
INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE OR A FOREIGN SUPPORT
ORDER MAY BE REGISTERED IN THIS STATE FOR ENFORCEMENT.
S 580-602. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT. (A) EXCEPT AS
OTHERWISE PROVIDED IN SECTION 580-706 OF THIS ARTICLE, 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:
(I) THE OBLIGOR'S ADDRESS AND SOCIAL SECURITY NUMBER;
(II) THE NAME AND ADDRESS OF THE OBLIGOR'S EMPLOYER AND ANY OTHER
SOURCE OF INCOME OF THE OBLIGOR; AND
(III) A DESCRIPTION AND THE LOCATION OF PROPERTY OF THE OBLIGOR IN
THIS STATE NOT EXEMPT FROM EXECUTION; AND
(5) EXCEPT AS OTHERWISE PROVIDED IN SECTION 580-312 OF THIS ARTICLE,
THE NAME AND ADDRESS OF THE OBLIGEE AND, IF APPLICABLE, THE PERSON TO
WHOM SUPPORT PAYMENTS ARE TO BE REMITTED.
(B) ON RECEIPT OF A REQUEST FOR REGISTRATION, THE REGISTERING TRIBUNAL
SHALL CAUSE THE ORDER TO BE FILED AS AN ORDER OF A TRIBUNAL OF ANOTHER
STATE OR A FOREIGN SUPPORT ORDER, TOGETHER WITH ONE COPY OF THE DOCU-
MENTS AND INFORMATION, REGARDLESS OF THEIR FORM.
(C) A PETITION OR COMPARABLE PLEADING SEEKING A REMEDY THAT MUST BE
AFFIRMATIVELY SOUGHT UNDER OTHER LAW OF THIS STATE MAY BE FILED AT THE
SAME TIME AS THE REQUEST FOR REGISTRATION OR LATER. THE PLEADING MUST
SPECIFY THE GROUNDS FOR THE REMEDY SOUGHT.
A. 7636 18
(D) IF TWO OR MORE ORDERS ARE IN EFFECT, THE PERSON REQUESTING REGIS-
TRATION SHALL:
(1) FURNISH TO THE TRIBUNAL A COPY OF EVERY SUPPORT ORDER ASSERTED TO
BE IN EFFECT IN ADDITION TO THE DOCUMENTS SPECIFIED IN THIS SECTION;
(2) SPECIFY THE ORDER ALLEGED TO BE THE CONTROLLING ORDER, IF ANY; AND
(3) SPECIFY THE AMOUNT OF CONSOLIDATED ARREARS, IF ANY.
(E) A REQUEST FOR A DETERMINATION OF WHICH IS THE CONTROLLING ORDER
MAY BE FILED SEPARATELY OR WITH A REQUEST FOR REGISTRATION AND ENFORCE-
MENT OR FOR REGISTRATION AND MODIFICATION. THE PERSON REQUESTING REGIS-
TRATION SHALL GIVE NOTICE OF THE REQUEST TO EACH PARTY WHOSE RIGHTS MAY
BE AFFECTED BY THE DETERMINATION.
S 580-603. 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 ARTICLE, A TRIBUNAL OF THIS
STATE SHALL RECOGNIZE AND ENFORCE, BUT MAY NOT MODIFY, A REGISTERED
SUPPORT ORDER IF THE ISSUING TRIBUNAL HAD JURISDICTION.
S 580-604. CHOICE OF LAW. (A) EXCEPT AS OTHERWISE PROVIDED IN SUBDI-
VISION (D) OF THIS SECTION, 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 COUN-
TRY 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
ANY, A TRIBUNAL OF THIS STATE SHALL PROSPECTIVELY APPLY THE LAW OF THE
STATE OR FOREIGN COUNTRY ISSUING THE CONTROLLING ORDER, INCLUDING ITS
LAW ON INTEREST ON ARREARS, ON CURRENT AND FUTURE SUPPORT, AND ON
CONSOLIDATED ARREARS.
SUBPART B
CONTEST OF VALIDITY OR ENFORCEMENT
SECTION 580-605. NOTICE OF REGISTRATION OF ORDER.
580-606. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGIS-
TERED SUPPORT ORDER.
580-607. CONTEST OF REGISTRATION OR ENFORCEMENT.
580-608. CONFIRMED ORDER.
S 580-605. 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 ACCOMPA-
NYING THE ORDER.
A. 7636 19
(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 TWENTY DAYS AFTER NOTICE
UNLESS THE REGISTERED ORDER IS UNDER SECTION 580-707 OF THIS ARTICLE;
(3) THAT FAILURE TO CONTEST THE VALIDITY OR ENFORCEMENT OF THE REGIS-
TERED 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 ARREARAGES.
(C) IF THE REGISTERING PARTY ASSERTS THAT TWO OR MORE ORDERS ARE IN
EFFECT, A NOTICE MUST ALSO:
(1) IDENTIFY THE TWO OR MORE ORDERS AND THE ORDER ALLEGED BY THE
REGISTERING PARTY TO BE THE CONTROLLING ORDER AND THE CONSOLIDATED
ARREARS, IF ANY;
(2) NOTIFY THE NONREGISTERING PARTY OF THE RIGHT TO A DETERMINATION OF
WHICH IS THE CONTROLLING ORDER;
(3) STATE THAT THE PROCEDURES PROVIDED IN SUBDIVISION (B) OF THIS
SECTION APPLY TO THE DETERMINATION OF WHICH IS THE CONTROLLING ORDER;
AND
(4) STATE THAT FAILURE TO CONTEST THE VALIDITY OR ENFORCEMENT OF THE
ORDER ALLEGED TO BE THE CONTROLLING ORDER IN A TIMELY MANNER MAY RESULT
IN CONFIRMATION THAT THE ORDER IS THE CONTROLLING ORDER.
(D) UPON REGISTRATION OF AN INCOME WITHHOLDING ORDER FOR ENFORCEMENT,
THE SUPPORT ENFORCEMENT AGENCY OR THE REGISTERING TRIBUNAL SHALL NOTIFY
THE OBLIGOR'S EMPLOYER PURSUANT TO SECTION FIVE THOUSAND TWO HUNDRED
FORTY-ONE OR FIVE THOUSAND TWO HUNDRED FORTY-TWO OF THE CIVIL PRACTICE
LAW AND RULES.
S 580-606. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGISTERED
SUPPORT ORDER. (A) A NONREGISTERING PARTY SEEKING TO CONTEST THE VALID-
ITY OR ENFORCEMENT OF A REGISTERED SUPPORT ORDER IN THIS STATE SHALL
REQUEST A HEARING WITHIN THE TIME REQUIRED BY SECTION 580-605 OF THIS
SUBPART. THE NONREGISTERING PARTY MAY SEEK TO VACATE THE REGISTRATION,
TO ASSERT ANY DEFENSE TO AN ALLEGATION OF NONCOMPLIANCE WITH THE REGIS-
TERED ORDER, OR TO CONTEST THE REMEDIES BEING SOUGHT OR THE AMOUNT OF
ANY ALLEGED ARREARAGES PURSUANT TO SECTION 580-607 OF THIS SUBPART.
(B) IF THE NONREGISTERING PARTY FAILS TO CONTEST THE VALIDITY OR
ENFORCEMENT OF THE REGISTERED SUPPORT ORDER IN A TIMELY MANNER, THE
ORDER IS CONFIRMED BY OPERATION OF LAW.
(C) IF A NONREGISTERING PARTY REQUESTS A HEARING TO CONTEST THE VALID-
ITY OR ENFORCEMENT OF THE REGISTERED SUPPORT ORDER, THE REGISTERING
TRIBUNAL SHALL SCHEDULE THE MATTER FOR HEARING AND GIVE NOTICE TO THE
PARTIES OF THE DATE, TIME, AND PLACE OF THE HEARING.
S 580-607. CONTEST OF REGISTRATION OR ENFORCEMENT. (A) A PARTY
CONTESTING THE VALIDITY OR ENFORCEMENT OF A REGISTERED SUPPORT ORDER OR
SEEKING TO VACATE THE REGISTRATION HAS THE BURDEN OF PROVING ONE OR MORE
OF THE FOLLOWING DEFENSES:
(1) THE ISSUING TRIBUNAL LACKED PERSONAL JURISDICTION OVER THE
CONTESTING PARTY;
(2) THE ORDER WAS OBTAINED BY FRAUD;
(3) THE ORDER HAS BEEN VACATED, SUSPENDED, OR MODIFIED BY A LATER
ORDER;
(4) THE ISSUING TRIBUNAL HAS STAYED THE ORDER PENDING APPEAL;
(5) THERE IS A DEFENSE UNDER THE LAW OF THIS STATE TO THE REMEDY
SOUGHT;
A. 7636 20
(6) FULL OR PARTIAL PAYMENT HAS BEEN MADE;
(7) THE STATUTE OF LIMITATION UNDER SECTION 580-604 OF THIS PART
PRECLUDES ENFORCEMENT OF SOME OR ALL OF THE ALLEGED ARREARAGES; OR
(8) THE ALLEGED CONTROLLING ORDER IS NOT THE CONTROLLING ORDER.
(B) IF A PARTY PRESENTS EVIDENCE ESTABLISHING A FULL OR PARTIAL
DEFENSE UNDER SUBDIVISION (A) OF THIS SECTION, A TRIBUNAL MAY STAY
ENFORCEMENT OF A REGISTERED SUPPORT ORDER, CONTINUE THE PROCEEDING TO
PERMIT PRODUCTION OF ADDITIONAL RELEVANT EVIDENCE, AND ISSUE OTHER
APPROPRIATE ORDERS. AN UNCONTESTED PORTION OF THE REGISTERED SUPPORT
ORDER MAY BE ENFORCED BY ALL REMEDIES AVAILABLE UNDER THE LAW OF THIS
STATE.
(C) IF THE CONTESTING PARTY DOES NOT ESTABLISH A DEFENSE UNDER SUBDI-
VISION (A) OF THIS SECTION TO THE VALIDITY OR ENFORCEMENT OF A REGIS-
TERED SUPPORT ORDER, THE REGISTERING TRIBUNAL SHALL ISSUE AN ORDER
CONFIRMING THE ORDER.
S 580-608. CONFIRMED ORDER. CONFIRMATION OF A REGISTERED SUPPORT
ORDER, WHETHER BY OPERATION OF LAW OR AFTER NOTICE AND HEARING,
PRECLUDES FURTHER CONTEST OF THE ORDER WITH RESPECT TO ANY MATTER THAT
COULD HAVE BEEN ASSERTED AT THE TIME OF REGISTRATION.
SUBPART C
REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER
OF ANOTHER STATE
SECTION 580-609. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF ANOTHER
STATE FOR MODIFICATION.
580-610. EFFECT OF REGISTRATION FOR MODIFICATION.
580-611. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE.
580-612. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.
580-613. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF ANOTHER
STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.
580-614. NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.
S 580-609. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF ANOTHER STATE
FOR MODIFICATION. A PARTY OR SUPPORT ENFORCEMENT AGENCY SEEKING TO MODI-
FY, OR TO MODIFY AND ENFORCE A CHILD SUPPORT ORDER ISSUED IN ANOTHER
STATE SHALL REGISTER THAT ORDER IN THIS STATE IN THE SAME MANNER
PROVIDED IN SECTIONS 580-601 THROUGH 580-608 OF THIS PART IF THE ORDER
HAS NOT BEEN REGISTERED. A PETITION FOR MODIFICATION MAY BE FILED AT THE
SAME TIME AS A REQUEST FOR REGISTRATION, OR LATER. THE PLEADING MUST
SPECIFY THE GROUNDS FOR MODIFICATION.
S 580-610. EFFECT OF REGISTRATION FOR MODIFICATION. A TRIBUNAL OF
THIS STATE MAY ENFORCE A CHILD SUPPORT ORDER OF ANOTHER STATE REGISTERED
FOR PURPOSES OF MODIFICATION, IN THE SAME MANNER AS IF THE ORDER HAD
BEEN ISSUED BY A TRIBUNAL OF THIS STATE, BUT THE REGISTERED SUPPORT
ORDER MAY BE MODIFIED ONLY IF THE REQUIREMENTS OF SECTION 580-611 OR
580-613 OF THIS SUBPART HAVE BEEN MET.
S 580-611. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE. (A)
IF SECTION 580-613 OF THIS SUBPART DOES NOT APPLY, UPON PETITION A
TRIBUNAL OF THIS STATE MAY MODIFY A CHILD SUPPORT ORDER ISSUED IN ANOTH-
ER STATE WHICH IS REGISTERED IN THIS STATE IF, AFTER NOTICE AND HEARING,
THE TRIBUNAL FINDS THAT:
(1) THE FOLLOWING REQUIREMENTS ARE MET:
(I) NEITHER THE CHILD, NOR THE OBLIGEE WHO IS AN INDIVIDUAL, NOR THE
OBLIGOR RESIDES IN THE ISSUING STATE;
(II) A PETITIONER WHO IS A NONRESIDENT OF THIS STATE SEEKS MODIFICA-
TION; AND
(III) THE RESPONDENT IS SUBJECT TO THE PERSONAL JURISDICTION OF THE
TRIBUNAL OF THIS STATE; OR
A. 7636 21
(2) THIS STATE IS THE RESIDENCE OF THE CHILD, OR A PARTY WHO IS AN
INDIVIDUAL IS SUBJECT TO THE PERSONAL JURISDICTION OF THE TRIBUNAL OF
THIS STATE, AND ALL OF THE PARTIES WHO ARE INDIVIDUALS HAVE FILED
CONSENTS IN A RECORD IN THE ISSUING TRIBUNAL FOR A TRIBUNAL OF THIS
STATE TO MODIFY THE SUPPORT ORDER AND ASSUME CONTINUING, EXCLUSIVE
JURISDICTION.
(B) MODIFICATION OF A REGISTERED CHILD SUPPORT ORDER IS SUBJECT TO THE
SAME REQUIREMENTS, PROCEDURES, AND DEFENSES THAT APPLY TO THE MODIFICA-
TION OF AN ORDER ISSUED BY A TRIBUNAL OF THIS STATE AND THE ORDER MAY BE
ENFORCED AND SATISFIED IN THE SAME MANNER.
(C) A TRIBUNAL OF THIS STATE MAY NOT MODIFY ANY ASPECT OF A CHILD
SUPPORT ORDER THAT MAY NOT BE MODIFIED UNDER THE LAW OF THE ISSUING
STATE, INCLUDING THE DURATION OF THE OBLIGATION OF SUPPORT. IF TWO OR
MORE TRIBUNALS HAVE ISSUED CHILD SUPPORT ORDERS FOR THE SAME OBLIGOR AND
SAME CHILD, THE ORDER THAT CONTROLS AND MUST BE SO RECOGNIZED UNDER
SECTION 580-207 OF THIS ARTICLE ESTABLISHES THE ASPECTS OF THE SUPPORT
ORDER WHICH ARE NONMODIFIABLE.
(D) IN A PROCEEDING TO MODIFY A CHILD SUPPORT ORDER, THE LAW OF THE
STATE THAT IS DETERMINED TO HAVE ISSUED THE INITIAL CONTROLLING ORDER
GOVERNS THE DURATION OF THE OBLIGATION OF SUPPORT. THE OBLIGOR'S
FULFILLMENT OF THE DUTY OF SUPPORT ESTABLISHED BY THAT ORDER PRECLUDES
IMPOSITION OF A FURTHER OBLIGATION OF SUPPORT BY A TRIBUNAL OF THIS
STATE.
(E) ON THE ISSUANCE OF AN ORDER BY A TRIBUNAL OF THIS STATE MODIFYING
A CHILD SUPPORT ORDER ISSUED IN ANOTHER STATE, THE TRIBUNAL OF THIS
STATE BECOMES THE TRIBUNAL HAVING CONTINUING, EXCLUSIVE JURISDICTION.
(F) NOTWITHSTANDING SUBDIVISIONS (A) THROUGH (E) OF THIS SECTION AND
SUBDIVISION (B) OF SECTION 580-201 OF THIS ARTICLE, A TRIBUNAL OF THIS
STATE RETAINS JURISDICTION TO MODIFY AN ORDER ISSUED BY A TRIBUNAL OF
THIS STATE IF:
(1) ONE PARTY RESIDES IN ANOTHER STATE; AND
(2) THE OTHER PARTY RESIDES OUTSIDE THE UNITED STATES.
S 580-612. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE. IF A CHILD
SUPPORT ORDER ISSUED BY A TRIBUNAL OF THIS STATE IS MODIFIED BY A TRIBU-
NAL OF ANOTHER STATE WHICH ASSUMED JURISDICTION PURSUANT TO THE UNIFORM
INTERSTATE FAMILY SUPPORT ACT, A TRIBUNAL OF THIS STATE:
(A) MAY ENFORCE ITS ORDER THAT WAS MODIFIED ONLY AS TO ARREARS AND
INTEREST ACCRUING BEFORE THE MODIFICATION;
(B) MAY PROVIDE APPROPRIATE RELIEF FOR VIOLATIONS OF ITS ORDER WHICH
OCCURRED BEFORE THE EFFECTIVE DATE OF THE MODIFICATION; AND
(C) SHALL RECOGNIZE THE MODIFYING ORDER OF THE OTHER STATE, UPON
REGISTRATION, FOR THE PURPOSE OF ENFORCEMENT.
S 580-613. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF ANOTHER STATE
WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE. (A) IF ALL OF THE PARTIES
WHO ARE INDIVIDUALS RESIDE IN THIS STATE AND THE CHILD DOES NOT RESIDE
IN THE ISSUING STATE, A TRIBUNAL OF THIS STATE HAS JURISDICTION TO
ENFORCE AND TO MODIFY THE ISSUING STATE'S CHILD SUPPORT ORDER IN A
PROCEEDING TO REGISTER THAT ORDER.
(B) A TRIBUNAL OF THIS STATE EXERCISING JURISDICTION UNDER THIS
SECTION SHALL APPLY THE PROVISIONS OF PARTS ONE AND TWO OF THIS ARTICLE,
THIS PART AND THE PROCEDURAL AND SUBSTANTIVE LAW OF THIS STATE TO THE
PROCEEDING FOR ENFORCEMENT OR MODIFICATION. PARTS THREE, FOUR, FIVE,
SEVEN AND EIGHT OF THIS ARTICLE DO NOT APPLY.
S 580-614. NOTICE TO ISSUING TRIBUNAL OF MODIFICATION. WITHIN THIRTY
DAYS AFTER ISSUANCE OF A MODIFIED CHILD SUPPORT ORDER, THE PARTY OBTAIN-
ING THE MODIFICATION SHALL FILE A CERTIFIED COPY OF THE ORDER WITH THE
A. 7636 22
ISSUING TRIBUNAL THAT HAD CONTINUING, EXCLUSIVE JURISDICTION OVER THE
EARLIER ORDER, AND IN EACH TRIBUNAL IN WHICH THE PARTY KNOWS THE EARLIER
ORDER HAS BEEN REGISTERED. A PARTY WHO OBTAINS THE ORDER AND FAILS TO
FILE A CERTIFIED COPY IS SUBJECT TO APPROPRIATE SANCTIONS BY A TRIBUNAL
IN WHICH THE ISSUE OF FAILURE TO FILE ARISES. THE FAILURE TO FILE DOES
NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE MODIFIED ORDER OF THE
NEW TRIBUNAL HAVING CONTINUING, EXCLUSIVE JURISDICTION.
SUBPART D
REGISTRATION AND MODIFICATION OF FOREIGN CHILD SUPPORT ORDER
SECTION 580-615. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN
COUNTRY.
580-616. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF FOREIGN
COUNTRY FOR MODIFICATION.
S 580-615. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN COUN-
TRY. (A) EXCEPT AS OTHERWISE PROVIDED IN SECTION 580-711 OF THIS ARTI-
CLE, IF A FOREIGN COUNTRY LACKS OR REFUSES TO EXERCISE JURISDICTION TO
MODIFY ITS CHILD SUPPORT ORDER PURSUANT TO ITS LAWS, A TRIBUNAL OF THIS
STATE MAY ASSUME JURISDICTION TO MODIFY THE CHILD SUPPORT ORDER AND BIND
ALL INDIVIDUALS SUBJECT TO THE PERSONAL JURISDICTION OF THE TRIBUNAL
WHETHER THE CONSENT TO MODIFICATION OF A CHILD SUPPORT ORDER OTHERWISE
REQUIRED OF THE INDIVIDUAL PURSUANT TO SECTION 580-611 OF THIS PART HAS
BEEN GIVEN OR WHETHER THE INDIVIDUAL SEEKING MODIFICATION IS A RESIDENT
OF THIS STATE OR OF THE FOREIGN COUNTRY.
(B) AN ORDER ISSUED BY A TRIBUNAL OF THIS STATE MODIFYING A FOREIGN
CHILD SUPPORT ORDER PURSUANT TO THIS SECTION IS THE CONTROLLING ORDER.
S 580-616. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF FOREIGN COUN-
TRY 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 580-601 THROUGH 580-608 OF THIS PART 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 SPECI-
FY THE GROUNDS FOR MODIFICATION.
PART 7
SUPPORT PROCEEDINGS UNDER CONVENTION
SECTION 580-701. DEFINITIONS.
580-702. APPLICABILITY.
580-703. RELATIONSHIP OF OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE TO UNITED STATES CENTRAL AUTHORITY.
580-704. INITIATION BY STATE SUPPORT ENFORCEMENT AGENCIES OF
SUPPORT PROCEEDING UNDER CONVENTION.
580-705. DIRECT REQUEST.
580-706. REGISTRATION OF CONVENTION SUPPORT ORDER.
580-707. CONTEST OF REGISTERED CONVENTION SUPPORT ORDER.
580-708. RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION
SUPPORT ORDER.
580-709. PARTIAL ENFORCEMENT.
580-710. FOREIGN SUPPORT AGREEMENT.
580-711. MODIFICATION OF CONVENTION CHILD SUPPORT ORDER.
580-712. PERSONAL INFORMATION; LIMIT ON USE.
580-713. RECORD IN ORIGINAL LANGUAGE; ENGLISH TRANSLATION.
S 580-701. DEFINITIONS. IN THIS PART:
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.
A. 7636 23
2. "CENTRAL AUTHORITY" MEANS THE ENTITY DESIGNATED BY THE UNITED
STATES OR A FOREIGN COUNTRY DESCRIBED IN PARAGRAPH (IV) OF SUBDIVISION
FIVE OF SECTION 580-102 OF THIS ARTICLE TO PERFORM THE FUNCTIONS SPECI-
FIED IN THE CONVENTION.
3. "CONVENTION SUPPORT ORDER" MEANS A SUPPORT ORDER OF A TRIBUNAL OF A
FOREIGN COUNTRY DESCRIBED IN PARAGRAPH (IV) OF SUBDIVISION FIVE OF
SECTION 580-102 OF THIS ARTICLE.
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 PARAGRAPH (IV) OF SUBDIVISION FIVE OF
SECTION 580-102 OF THIS ARTICLE TO PERFORM THE FUNCTIONS SPECIFIED IN
THE CONVENTION.
6. "FOREIGN SUPPORT AGREEMENT":
(I) MEANS AN AGREEMENT FOR SUPPORT IN A RECORD THAT:
(A) IS ENFORCEABLE AS A SUPPORT ORDER IN THE COUNTRY OF ORIGIN;
(B) HAS BEEN:
(A) FORMALLY DRAWN UP OR REGISTERED AS AN AUTHENTIC INSTRUMENT BY A
FOREIGN TRIBUNAL; OR
(B) AUTHENTICATED BY, OR CONCLUDED, REGISTERED OR FILED WITH A FOREIGN
TRIBUNAL; AND
(C) MAY BE REVIEWED AND MODIFIED BY A FOREIGN TRIBUNAL; AND
(II) INCLUDES A MAINTENANCE ARRANGEMENT OR AUTHENTIC INSTRUMENT UNDER
THE CONVENTION.
7. "UNITED STATES CENTRAL AUTHORITY" MEANS THE SECRETARY OF THE UNITED
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
S 580-702. APPLICABILITY. THIS PART APPLIES ONLY TO A SUPPORT
PROCEEDING UNDER THE CONVENTION. IN SUCH A PROCEEDING, IF A PROVISION OF
THIS PART IS INCONSISTENT WITH PARTS ONE THROUGH SIX OF THIS ARTICLE,
THIS PART CONTROLS.
S 580-703. RELATIONSHIP OF OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE TO UNITED STATES CENTRAL AUTHORITY. THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE IS RECOGNIZED AS THE AGENCY DESIGNATED BY THE
UNITED STATES CENTRAL AUTHORITY TO PERFORM SPECIFIC FUNCTIONS UNDER THE
CONVENTION; PROVIDED, HOWEVER, THAT A SOCIAL SERVICES DISTRICT OF THIS
STATE MAY PERFORM ANY FUNCTION AUTHORIZED UNDER STATE LAW.
S 580-704. INITIATION BY STATE SUPPORT ENFORCEMENT AGENCIES OF SUPPORT
PROCEEDING UNDER CONVENTION. (A) IN A SUPPORT PROCEEDING UNDER THIS
PART, THE SUPPORT ENFORCEMENT AGENCIES OF THIS STATE 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 PARAGRAPH TWO, FOUR OR NINE OF SUBDIVI-
SION (B) OF SECTION 580-708 OF THIS PART;
(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 COUNTRY.
A. 7636 24
(C) THE FOLLOWING SUPPORT PROCEEDINGS ARE AVAILABLE UNDER THE CONVEN-
TION TO AN OBLIGOR AGAINST WHICH THERE IS AN EXISTING SUPPORT ORDER:
(1) RECOGNITION OF AN ORDER SUSPENDING OR LIMITING ENFORCEMENT OF AN
EXISTING SUPPORT ORDER OF A TRIBUNAL OF THIS STATE;
(2) MODIFICATION OF A SUPPORT ORDER OF A TRIBUNAL OF THIS STATE; AND
(3) MODIFICATION OF A SUPPORT ORDER OF A TRIBUNAL OF ANOTHER STATE OR
A FOREIGN COUNTRY.
(D) A TRIBUNAL OF THIS STATE MAY NOT REQUIRE SECURITY, BOND OR DEPOS-
IT, HOWEVER DESCRIBED, TO GUARANTEE THE PAYMENT OF COSTS AND EXPENSES IN
PROCEEDINGS UNDER THE CONVENTION.
S 580-705. DIRECT REQUEST. (A) A PETITIONER MAY FILE A DIRECT REQUEST
SEEKING ESTABLISHMENT OR MODIFICATION OF A SUPPORT ORDER OR DETERMI-
NATION 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 580-706 THROUGH 580-713 OF THIS PART APPLY.
(C) IN A DIRECT REQUEST FOR RECOGNITION AND ENFORCEMENT OF A CONVEN-
TION 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 STATE CHILD SUPPORT AGENCIES.
(E) THIS PART DOES NOT PREVENT THE APPLICATION OF LAWS OF THIS STATE
THAT PROVIDE SIMPLIFIED, MORE EXPEDITIOUS RULES REGARDING A DIRECT
REQUEST FOR RECOGNITION AND ENFORCEMENT OF A FOREIGN SUPPORT ORDER OR
FOREIGN SUPPORT AGREEMENT.
S 580-706. REGISTRATION OF CONVENTION SUPPORT ORDER. (A) EXCEPT AS
OTHERWISE PROVIDED IN THIS PART, 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 PART SIX OF
THIS ARTICLE.
(B) NOTWITHSTANDING SECTION 580-311 AND SUBDIVISION (A) OF SECTION
580-602 OF THIS ARTICLE, 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 NOTICE OF THE
SUPPORT ORDER AND AN OPPORTUNITY TO BE HEARD IN A CHALLENGE OR APPEAL ON
FACT OR LAW BEFORE A TRIBUNAL;
(4) A RECORD SHOWING THE AMOUNT OF ARREARS, IF ANY, AND THE DATE THE
AMOUNT WAS CALCULATED;
(5) A RECORD SHOWING A REQUIREMENT FOR AUTOMATIC ADJUSTMENT OF THE
AMOUNT OF SUPPORT, IF ANY, AND THE INFORMATION NECESSARY TO MAKE THE
APPROPRIATE CALCULATIONS; AND
A. 7636 25
(6) IF NECESSARY, A RECORD SHOWING THE EXTENT TO WHICH THE APPLICANT
RECEIVED FREE LEGAL ASSISTANCE IN THE ISSUING COUNTRY.
(C) A REQUEST FOR REGISTRATION OF A CONVENTION SUPPORT ORDER MAY SEEK
RECOGNITION AND PARTIAL ENFORCEMENT OF THE ORDER.
(D) A TRIBUNAL OF THIS STATE MAY VACATE THE REGISTRATION OF A CONVEN-
TION SUPPORT ORDER WITHOUT THE FILING OF A CONTEST UNDER SECTION 580-707
OF THIS PART ONLY IF, ACTING ON ITS OWN MOTION, THE TRIBUNAL FINDS THAT
RECOGNITION AND ENFORCEMENT OF THE ORDER WOULD BE MANIFESTLY INCOMPAT-
IBLE WITH PUBLIC POLICY.
(E) THE TRIBUNAL SHALL PROMPTLY NOTIFY THE PARTIES OF THE REGISTRATION
OR THE ORDER VACATING THE REGISTRATION OF A CONVENTION SUPPORT ORDER.
S 580-707. CONTEST OF REGISTERED CONVENTION SUPPORT ORDER. (A) EXCEPT
AS OTHERWISE PROVIDED IN THIS PART, SECTIONS 580-605 THROUGH 580-608 OF
THIS ARTICLE 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 THIRTY DAYS AFTER NOTICE OF THE REGISTRA-
TION, BUT IF THE CONTESTING PARTY DOES NOT RESIDE IN THE UNITED STATES,
THE CONTEST MUST BE FILED NOT LATER THAN SIXTY DAYS AFTER NOTICE OF THE
REGISTRATION.
(C) IF THE NONREGISTERING PARTY FAILS TO CONTEST THE REGISTERED
CONVENTION SUPPORT ORDER BY THE TIME SPECIFIED IN SUBDIVISION (B) OF
THIS SECTION, THE ORDER IS ENFORCEABLE.
(D) A CONTEST OF A REGISTERED CONVENTION SUPPORT ORDER MAY BE BASED
ONLY ON GROUNDS SET FORTH IN SECTION 580-708 OF THIS PART. THE CONTEST-
ING 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; AND
(2) MAY NOT REVIEW THE MERITS OF THE ORDER.
(F) A TRIBUNAL OF THIS STATE DECIDING A CONTEST OF A REGISTERED
CONVENTION SUPPORT ORDER SHALL PROMPTLY NOTIFY THE PARTIES OF ITS DECI-
SION.
(G) A CHALLENGE OR APPEAL, IF ANY, DOES NOT STAY THE ENFORCEMENT OF A
CONVENTION SUPPORT ORDER UNLESS THERE ARE EXCEPTIONAL CIRCUMSTANCES.
S 580-708. RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION
SUPPORT ORDER. (A) EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION (B) OF
THIS SECTION, 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 INCOMPAT-
IBLE 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 580-201 OF THIS ARTICLE;
(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 580-706 OF THIS
PART LACKS AUTHENTICITY OR INTEGRITY;
A. 7636 26
(6) A PROCEEDING BETWEEN THE SAME PARTIES AND HAVING THE SAME PURPOSE
IS PENDING BEFORE A TRIBUNAL OF THIS STATE AND THAT PROCEEDING WAS THE
FIRST TO BE FILED;
(7) THE ORDER IS INCOMPATIBLE WITH A MORE RECENT SUPPORT ORDER INVOLV-
ING THE SAME PARTIES AND HAVING THE SAME PURPOSE IF THE MORE RECENT
SUPPORT ORDER IS ENTITLED TO RECOGNITION AND ENFORCEMENT UNDER THIS
ARTICLE IN THIS STATE;
(8) PAYMENT, TO THE EXTENT ALLEGED ARREARS HAVE BEEN PAID IN WHOLE OR
IN PART;
(9) IN A CASE IN WHICH THE RESPONDENT NEITHER APPEARED NOR WAS REPRES-
ENTED IN THE PROCEEDING IN THE ISSUING FOREIGN COUNTRY:
(I) IF THE LAW OF THAT COUNTRY PROVIDES FOR PRIOR NOTICE OF
PROCEEDINGS, THE RESPONDENT DID NOT HAVE PROPER NOTICE OF THE
PROCEEDINGS AND AN OPPORTUNITY TO BE HEARD; OR
(II) IF THE LAW OF THAT COUNTRY DOES NOT PROVIDE FOR PRIOR NOTICE OF
THE PROCEEDINGS, THE RESPONDENT DID NOT HAVE PROPER NOTICE OF THE ORDER
AND AN OPPORTUNITY TO BE HEARD IN A CHALLENGE OR APPEAL ON FACT OR LAW
BEFORE A TRIBUNAL; OR
(10) THE ORDER WAS MADE IN VIOLATION OF SECTION 580-711 OF THIS PART.
(C) IF A TRIBUNAL OF THIS STATE DOES NOT RECOGNIZE A CONVENTION
SUPPORT ORDER UNDER PARAGRAPH TWO, FOUR OR NINE OF SUBDIVISION (B) OF
THIS SECTION:
(1) THE TRIBUNAL MAY NOT DISMISS THE PROCEEDING WITHOUT ALLOWING A
REASONABLE TIME FOR A PARTY TO REQUEST THE ESTABLISHMENT OF A NEW
CONVENTION SUPPORT ORDER; AND
(2) THE STATE CHILD SUPPORT AGENCY SHALL TAKE ALL APPROPRIATE MEASURES
TO REQUEST A CHILD SUPPORT ORDER FOR THE OBLIGEE IF THE APPLICATION FOR
RECOGNITION AND ENFORCEMENT WAS RECEIVED UNDER SECTION 580-704 OF THIS
PART.
S 580-709. 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.
S 580-710. FOREIGN SUPPORT AGREEMENT. (A) EXCEPT AS OTHERWISE
PROVIDED IN SUBDIVISIONS (C) AND (D) OF THIS SECTION, 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 INCOM-
PATIBLE WITH PUBLIC POLICY;
(2) THE AGREEMENT WAS OBTAINED BY FRAUD OR FALSIFICATION;
(3) THE AGREEMENT IS INCOMPATIBLE WITH A SUPPORT ORDER INVOLVING THE
SAME PARTIES AND HAVING THE SAME PURPOSE IN THIS STATE, ANOTHER STATE,
A. 7636 27
OR A FOREIGN COUNTRY IF THE SUPPORT ORDER IS ENTITLED TO RECOGNITION AND
ENFORCEMENT UNDER THIS ARTICLE IN THIS STATE; OR
(4) THE RECORD SUBMITTED UNDER SUBDIVISION (B) OF THIS SECTION LACKS
AUTHENTICITY OR INTEGRITY.
(E) A PROCEEDING FOR RECOGNITION AND ENFORCEMENT OF A FOREIGN SUPPORT
AGREEMENT MUST BE SUSPENDED DURING THE PENDENCY OF A CHALLENGE TO OR
APPEAL OF THE AGREEMENT BEFORE A TRIBUNAL OF ANOTHER STATE OR A FOREIGN
COUNTRY.
S 580-711. MODIFICATION OF CONVENTION CHILD SUPPORT ORDER. (A) A
TRIBUNAL OF THIS STATE MAY NOT MODIFY A CONVENTION CHILD SUPPORT ORDER
IF THE OBLIGEE REMAINS A RESIDENT OF THE FOREIGN COUNTRY WHERE THE
SUPPORT ORDER WAS ISSUED UNLESS:
(1) THE OBLIGEE SUBMITS TO THE JURISDICTION OF A TRIBUNAL OF THIS
STATE, EITHER EXPRESSLY OR BY DEFENDING ON THE MERITS OF THE CASE WITH-
OUT OBJECTING TO THE JURISDICTION AT THE FIRST AVAILABLE OPPORTUNITY; OR
(2) THE FOREIGN TRIBUNAL LACKS OR REFUSES TO EXERCISE JURISDICTION TO
MODIFY ITS SUPPORT ORDER OR ISSUE A NEW SUPPORT ORDER.
(B) IF A TRIBUNAL OF THIS STATE DOES NOT MODIFY A CONVENTION CHILD
SUPPORT ORDER BECAUSE THE ORDER IS NOT RECOGNIZED IN THIS STATE, SUBDI-
VISION (C) OF SECTION 580-708 OF THIS PART APPLIES.
S 580-712. PERSONAL INFORMATION; LIMIT ON USE. PERSONAL INFORMATION
GATHERED OR TRANSMITTED UNDER THIS PART MAY BE USED ONLY FOR THE
PURPOSES FOR WHICH IT WAS GATHERED OR TRANSMITTED.
S 580-713. RECORD IN ORIGINAL LANGUAGE; ENGLISH TRANSLATION. A RECORD
FILED WITH A TRIBUNAL OF THIS STATE UNDER THIS PART MUST BE IN THE
ORIGINAL LANGUAGE AND, IF NOT IN ENGLISH, MUST BE ACCOMPANIED BY AN
ENGLISH TRANSLATION.
PART 8
INTERSTATE RENDITION
SECTION 580-801. GROUNDS FOR RENDITION.
580-802. CONDITIONS OF RENDITION.
S 580-801. GROUNDS FOR RENDITION. (A) FOR PURPOSES OF THIS PART,
"GOVERNOR" INCLUDES AN INDIVIDUAL PERFORMING THE FUNCTIONS OF GOVERNOR
OR THE EXECUTIVE AUTHORITY OF A STATE COVERED BY THIS ARTICLE.
(B) THE GOVERNOR OF THIS STATE MAY:
(1) DEMAND THAT THE GOVERNOR OF ANOTHER STATE SURRENDER AN INDIVIDUAL
FOUND IN THE OTHER STATE WHO IS CHARGED CRIMINALLY IN THIS STATE WITH
HAVING FAILED TO PROVIDE FOR THE SUPPORT OF AN OBLIGEE; OR
(2) ON THE DEMAND OF THE GOVERNOR OF ANOTHER STATE, SURRENDER AN INDI-
VIDUAL FOUND IN THIS STATE WHO IS CHARGED CRIMINALLY IN THE OTHER STATE
WITH HAVING FAILED TO PROVIDE FOR THE SUPPORT OF AN OBLIGEE.
(C) A PROVISION FOR EXTRADITION OF INDIVIDUALS NOT INCONSISTENT WITH
THIS ARTICLE APPLIES TO THE DEMAND EVEN IF THE INDIVIDUAL WHOSE SURREN-
DER IS DEMANDED WAS NOT IN THE DEMANDING STATE WHEN THE CRIME WAS
ALLEGEDLY COMMITTED AND HAS NOT FLED THEREFROM.
S 580-802. CONDITIONS OF RENDITION. (A) BEFORE MAKING A DEMAND THAT
THE GOVERNOR OF ANOTHER STATE SURRENDER AN INDIVIDUAL CHARGED CRIMINALLY
IN THIS STATE WITH HAVING FAILED TO PROVIDE FOR THE SUPPORT OF AN OBLI-
GEE, THE GOVERNOR OF THIS STATE MAY REQUIRE A PROSECUTOR OF THIS STATE
TO DEMONSTRATE THAT AT LEAST SIXTY DAYS PREVIOUSLY THE OBLIGEE HAD
INITIATED PROCEEDINGS FOR SUPPORT PURSUANT TO THIS ARTICLE OR THAT THE
PROCEEDING WOULD BE OF NO AVAIL.
(B) IF, UNDER THIS ARTICLE OR A LAW SUBSTANTIALLY SIMILAR TO THIS
ARTICLE, THE GOVERNOR OF ANOTHER STATE MAKES A DEMAND THAT THE GOVERNOR
OF THIS STATE SURRENDER AN INDIVIDUAL CHARGED CRIMINALLY IN THAT STATE
WITH HAVING FAILED TO PROVIDE FOR THE SUPPORT OF A CHILD OR OTHER INDI-
A. 7636 28
VIDUAL TO WHOM A DUTY OF SUPPORT IS OWED, THE GOVERNOR MAY REQUIRE A
PROSECUTOR TO INVESTIGATE THE DEMAND AND REPORT WHETHER A PROCEEDING FOR
SUPPORT HAS BEEN INITIATED OR WOULD BE EFFECTIVE. IF IT APPEARS THAT A
PROCEEDING WOULD BE EFFECTIVE BUT HAS NOT BEEN INITIATED, THE GOVERNOR
MAY DELAY HONORING THE DEMAND FOR A REASONABLE TIME TO PERMIT THE INITI-
ATION OF A PROCEEDING.
(C) IF A PROCEEDING FOR SUPPORT HAS BEEN INITIATED AND THE INDIVIDUAL
WHOSE RENDITION IS DEMANDED PREVAILS, THE GOVERNOR MAY DECLINE TO HONOR
THE DEMAND. IF THE PETITIONER PREVAILS AND THE INDIVIDUAL WHOSE RENDI-
TION IS DEMANDED IS SUBJECT TO A SUPPORT ORDER, THE GOVERNOR MAY DECLINE
TO HONOR THE DEMAND IF THE INDIVIDUAL IS COMPLYING WITH THE SUPPORT
ORDER.
PART 9
MISCELLANEOUS PROVISIONS
SECTION 580-901. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
580-902. SEVERABILITY.
580-903. EFFECTIVE DATE.
S 580-901. UNIFORMITY OF APPLICATION AND CONSTRUCTION. IN APPLYING
AND CONSTRUING THIS UNIFORM ACT, CONSIDERATION MUST BE GIVEN TO THE NEED
TO PROMOTE UNIFORMITY OF THE LAW WITH RESPECT TO ITS SUBJECT MATTER
AMONG STATES THAT ENACT IT.
S 580-902. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR ITS
APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDI-
TY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE
WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION,
AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERABLE.
S 580-903. EFFECTIVE DATE. THIS ARTICLE SHALL TAKE EFFECT ON JANUARY
FIRST, TWO THOUSAND SIXTEEN; PROVIDED, HOWEVER, THAT IF IT SHALL BECOME
A LAW AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, IT SHALL BE DEEMED TO
HAVE BEEN IN FULL FORCE AND EFFECT ON AND AFTER JANUARY FIRST, TWO THOU-
SAND SIXTEEN; AND PROVIDED FURTHER, THAT THE PROVISIONS OF THIS ARTICLE
SHALL APPLY TO ANY ACTION OR PROCEEDING FILED OR ORDER ISSUED ON OR
BEFORE THE EFFECTIVE DATE OF THIS ARTICLE.
S 3. Section one of this act shall take effect on the ninetieth day
after it shall have become a law; and section two of this act shall take
effect consistent with section 580-903 of article 5-B of the family
court act, as added by section two of this act.
2015-A7636A - Details
- See Senate Version of this Bill:
- S5685
- Law Section:
- Social Services Law
- Laws Affected:
- Amd §111-i, Soc Serv L; rpld & add Art 5-B, Fam Ct Act
2015-A7636A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7636--A
2015-2016 Regular Sessions
I N A S S E M B L Y
May 20, 2015
___________
Introduced by M. of A. WEINSTEIN -- (at request of the Office of Tempo-
rary and Disability Assistance) -- read once and referred to the
Committee on Judiciary -- reported and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the social services law, in relation to the effective
date of adjustments to the combined parental income amount; to amend
the family court act, in relation to adopting the 2008 changes to the
uniform interstate family support act; and to repeal article 5-B of
the family court act relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 2 of section 111-i of the
social services law, as amended by chapter 466 of the laws of 2014, is
amended to read as follows:
(b) The combined parental income amount to be reported in the child
support standards chart and utilized in calculating orders of child
support in accordance with subparagraph two of paragraph (c) of subdivi-
sion one of section four hundred thirteen of the family court act and
subparagraph two of paragraph (c) of subdivision one-b of section two
hundred forty of the domestic relations law as of January thirty-first,
two thousand fourteen shall be one hundred forty-one thousand dollars;
provided, however, beginning [January thirty-first] MARCH FIRST, two
thousand sixteen and every two years thereafter, the combined parental
income amount shall increase by the sum of the average annual percentage
changes in the consumer price index for all urban consumers (CPI-U) as
published by the United States department of labor bureau of labor
statistics for the prior two years multiplied by the current combined
parental income amount and then rounded to the nearest one thousand
dollars.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09632-05-5
A. 7636--A 2
S 2. Article 5-B of the family court act is REPEALED and a new article
5-B is added to read as follows:
ARTICLE 5-B
UNIFORM INTERSTATE FAMILY SUPPORT ACT
PART 1. GENERAL PROVISIONS.
2. JURISDICTION.
3. CIVIL PROVISIONS OF GENERAL APPLICATION.
4. ESTABLISHMENT OF SUPPORT ORDER OR DETERMINATION OF PARENTAGE.
5. ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION.
6. REGISTRATION, ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER.
7. SUPPORT PROCEEDING UNDER CONVENTION.
8. INTERSTATE RENDITION.
9. MISCELLANEOUS PROVISIONS.
PART 1
GENERAL PROVISIONS
SECTION 580-101. SHORT TITLE.
580-102. DEFINITIONS.
580-103. STATE TRIBUNAL AND SUPPORT ENFORCEMENT AGENCY.
580-104. REMEDIES CUMULATIVE.
580-105. APPLICATION OF ARTICLE TO RESIDENT OF FOREIGN COUNTRY
AND FOREIGN SUPPORT PROCEEDING.
S 580-101. SHORT TITLE. THIS ARTICLE MAY BE CITED AS THE "UNIFORM
INTERSTATE FAMILY SUPPORT ACT" OR "UIFSA".
S 580-102. DEFINITIONS. IN THIS ARTICLE:
(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 INDI-
VIDUAL'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 ISSU-
ING 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 TWENTY-THIRD, TWO THOUSAND SEVEN.
(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 SUBDIVI-
SION THEREOF, OTHER THAN THE UNITED STATES, THAT AUTHORIZES THE ISSUANCE
OF SUPPORT ORDERS AND:
(I) WHICH HAS BEEN DECLARED UNDER THE LAW OF THE UNITED STATES TO BE A
FOREIGN RECIPROCATING COUNTRY;
(II) WHICH HAS ESTABLISHED A RECIPROCAL ARRANGEMENT FOR CHILD SUPPORT
WITH THIS STATE AS PROVIDED IN SECTION 580-308 OF THIS ARTICLE;
(III) WHICH HAS ENACTED A LAW OR ESTABLISHED PROCEDURES FOR THE ISSU-
ANCE AND ENFORCEMENT OF SUPPORT ORDERS WHICH ARE SUBSTANTIALLY SIMILAR
TO THE PROCEDURES UNDER THIS ARTICLE; OR
(IV) IN WHICH THE CONVENTION IS IN FORCE WITH RESPECT TO THE UNITED
STATES.
(6) "FOREIGN SUPPORT ORDER" MEANS A SUPPORT ORDER OF A FOREIGN TRIBU-
NAL.
(7) "FOREIGN TRIBUNAL" MEANS A COURT, ADMINISTRATIVE AGENCY OR QUASI-
JUDICIAL ENTITY OF A FOREIGN COUNTRY WHICH IS AUTHORIZED TO ESTABLISH,
ENFORCE OR MODIFY SUPPORT ORDERS, OR TO DETERMINE PARENTAGE OF A CHILD.
THE TERM INCLUDES A COMPETENT AUTHORITY UNDER THE CONVENTION.
A. 7636--A 3
(8) "HOME STATE" MEANS THE STATE OR FOREIGN COUNTRY IN WHICH A CHILD
LIVED WITH A PARENT OR A PERSON ACTING AS PARENT FOR AT LEAST SIX
CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE TIME OF FILING OF A PETI-
TION OR COMPARABLE PLEADING FOR SUPPORT AND, IF A CHILD IS LESS THAN SIX
MONTHS OLD, THE STATE OR FOREIGN COUNTRY IN WHICH THE CHILD LIVED FROM
BIRTH WITH ANY OF THEM. A PERIOD OF TEMPORARY ABSENCE OF ANY OF THEM IS
COUNTED AS PART OF THE SIX-MONTH OR OTHER PERIOD.
(9) "INCOME" INCLUDES EARNINGS OR OTHER PERIODIC ENTITLEMENTS TO MONEY
FROM ANY SOURCE AND ANY OTHER PROPERTY SUBJECT TO WITHHOLDING FOR
SUPPORT AS DEFINED BY SECTION FIVE THOUSAND TWO HUNDRED FORTY-ONE OF THE
CIVIL PRACTICE LAW AND RULES.
(10) "INCOME WITHHOLDING ORDER" MEANS AN ORDER OR OTHER LEGAL PROCESS
DIRECTED TO AN OBLIGOR'S EMPLOYER, AN INCOME PAYOR AS DEFINED BY SECTION
FIVE THOUSAND TWO HUNDRED FORTY-ONE OR FIVE THOUSAND TWO HUNDRED FORTY-
TWO OF THE CIVIL PRACTICE LAW AND RULES, OR OTHER DEBTOR TO WITHHOLD
SUPPORT FROM THE INCOME OF THE OBLIGOR.
(11) "INITIATING TRIBUNAL" MEANS THE TRIBUNAL OF A STATE OR FOREIGN
COUNTRY FROM WHICH A PETITION OR COMPARABLE PLEADING IS FORWARDED OR IN
WHICH A PETITION OR COMPARABLE PLEADING IS FILED FOR FORWARDING TO
ANOTHER STATE OR FOREIGN COUNTRY.
(12) "ISSUING FOREIGN COUNTRY" MEANS THE FOREIGN COUNTRY IN WHICH A
TRIBUNAL ISSUES A SUPPORT ORDER OR A JUDGMENT DETERMINING PARENTAGE OF A
CHILD.
(13) "ISSUING STATE" MEANS THE STATE IN WHICH A TRIBUNAL ISSUES A
SUPPORT ORDER OR A JUDGMENT DETERMINING PARENTAGE OF A CHILD.
(14) "ISSUING TRIBUNAL" MEANS THE TRIBUNAL OF A STATE OR FOREIGN COUN-
TRY THAT ISSUES A SUPPORT ORDER OR A JUDGMENT DETERMINING PARENTAGE OF A
CHILD.
(15) "LAW" INCLUDES DECISIONAL AND STATUTORY LAW AND RULES AND REGU-
LATIONS HAVING THE FORCE OF LAW.
(16) "OBLIGEE" MEANS:
(I) AN INDIVIDUAL TO WHOM A DUTY OF SUPPORT IS OR IS ALLEGED TO BE
OWED OR IN WHOSE FAVOR A SUPPORT ORDER OR A JUDGMENT DETERMINING PARENT-
AGE OF A CHILD HAS BEEN ISSUED;
(II) A FOREIGN COUNTRY, STATE OR POLITICAL SUBDIVISION OF A STATE TO
WHICH THE RIGHTS UNDER A DUTY OF SUPPORT OR SUPPORT ORDER HAVE BEEN
ASSIGNED OR WHICH HAS INDEPENDENT CLAIMS BASED ON FINANCIAL ASSISTANCE
PROVIDED TO AN INDIVIDUAL OBLIGEE IN PLACE OF CHILD SUPPORT;
(III) AN INDIVIDUAL SEEKING A JUDGMENT DETERMINING PARENTAGE OF THE
INDIVIDUAL'S CHILD; OR
(IV) A PERSON THAT IS A CREDITOR IN A PROCEEDING UNDER PART SEVEN OF
THIS ARTICLE.
(17) "OBLIGOR" MEANS AN INDIVIDUAL, OR THE ESTATE OF A DECEDENT THAT:
(I) OWES OR IS ALLEGED TO OWE A DUTY OF SUPPORT;
(II) IS ALLEGED BUT HAS NOT BEEN ADJUDICATED TO BE A PARENT OF A
CHILD;
(III) IS LIABLE UNDER A SUPPORT ORDER; OR
(IV) IS A DEBTOR IN A PROCEEDING UNDER PART SEVEN OF THIS ARTICLE.
(18) "OUTSIDE THIS STATE" MEANS A LOCATION IN ANOTHER STATE OR A COUN-
TRY OTHER THAN THE UNITED STATES, WHETHER OR NOT THE COUNTRY IS A
FOREIGN COUNTRY.
(19) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST,
ESTATE, TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION,
JOINT VENTURE, PUBLIC CORPORATION, GOVERNMENT OR GOVERNMENTAL SUBDIVI-
SION, AGENCY OR INSTRUMENTALITY, OR ANY OTHER LEGAL OR COMMERCIAL ENTI-
TY.
A. 7636--A 4
(20) "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
PERCEIVABLE FORM.
(21) "REGISTER" MEANS TO FILE IN A TRIBUNAL OF THIS STATE A SUPPORT
ORDER OR JUDGMENT DETERMINING PARENTAGE OF A CHILD ISSUED IN ANOTHER
STATE OR A FOREIGN COUNTRY.
(22) "REGISTERING TRIBUNAL" MEANS A TRIBUNAL IN WHICH A SUPPORT ORDER
OR JUDGMENT DETERMINING PARENTAGE OF A CHILD IS REGISTERED.
(23) "RESPONDING STATE" MEANS A STATE IN WHICH A PETITION OR COMPARA-
BLE PLEADING FOR SUPPORT OR TO DETERMINE PARENTAGE OF A CHILD IS FILED
OR TO WHICH A PETITION OR COMPARABLE PLEADING IS FORWARDED FOR FILING
FROM ANOTHER STATE OR A FOREIGN COUNTRY.
(24) "RESPONDING TRIBUNAL" MEANS THE AUTHORIZED TRIBUNAL IN A RESPOND-
ING STATE OR FOREIGN COUNTRY.
(25) "SPOUSAL-SUPPORT ORDER" MEANS A SUPPORT ORDER FOR A SPOUSE OR
FORMER SPOUSE OF THE OBLIGOR.
(26) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF
COLUMBIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITO-
RY OR INSULAR POSSESSION UNDER THE JURISDICTION OF THE UNITED STATES.
THE TERM INCLUDES AN INDIAN NATION OR TRIBE.
(27) "SUPPORT ENFORCEMENT AGENCY" MEANS A PUBLIC OFFICIAL, GOVERN-
MENTAL ENTITY OR PRIVATE AGENCY AUTHORIZED TO:
(I) SEEK ENFORCEMENT OF SUPPORT ORDERS OR LAWS RELATING TO THE DUTY OF
SUPPORT;
(II) SEEK ESTABLISHMENT OR MODIFICATION OF CHILD SUPPORT;
(III) REQUEST DETERMINATION OF PARENTAGE OF A CHILD;
(IV) ATTEMPT TO LOCATE OBLIGORS OR THEIR ASSETS; OR
(V) REQUEST DETERMINATION OF THE CONTROLLING CHILD SUPPORT ORDER.
(28) "SUPPORT ORDER" MEANS A JUDGMENT, DECREE, ORDER, DECISION OR
DIRECTIVE, WHETHER TEMPORARY, FINAL OR SUBJECT TO MODIFICATION, ISSUED
IN A STATE OR FOREIGN COUNTRY FOR THE BENEFIT OF A CHILD, A SPOUSE OR A
FORMER SPOUSE, WHICH PROVIDES FOR MONETARY SUPPORT, HEALTH CARE, ARREAR-
AGES, RETROACTIVE SUPPORT OR REIMBURSEMENT FOR FINANCIAL ASSISTANCE
PROVIDED TO AN INDIVIDUAL OBLIGEE IN PLACE OF CHILD SUPPORT. THE TERM
MAY INCLUDE RELATED COSTS AND FEES, INTEREST, INCOME WITHHOLDING, AUTO-
MATIC ADJUSTMENT, REASONABLE ATTORNEY'S FEES AND OTHER RELIEF.
(29) "TRIBUNAL" MEANS A COURT, ADMINISTRATIVE AGENCY, OR QUASI-JUDI-
CIAL ENTITY AUTHORIZED TO ESTABLISH, ENFORCE, OR MODIFY SUPPORT ORDERS
OR TO DETERMINE PARENTAGE OF A CHILD.
S 580-103. STATE TRIBUNAL AND STATE SUPPORT ENFORCEMENT AGENCIES. (A)
THE FAMILY COURT IS THE TRIBUNAL OF THIS STATE.
(B) THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND/OR A SOCIAL
SERVICES DISTRICT AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWO OF THE
SOCIAL SERVICES LAW ARE THE SUPPORT ENFORCEMENT AGENCIES OF THIS STATE.
S 580-104. REMEDIES CUMULATIVE. (A) REMEDIES PROVIDED BY THIS ARTICLE
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 ARTICLE 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 ARTICLE.
S 580-105. APPLICATION OF THE ARTICLE TO A RESIDENT OF A FOREIGN COUN-
TRY AND FOREIGN SUPPORT PROCEEDINGS. (A) A TRIBUNAL OF THIS STATE SHALL
A. 7636--A 5
APPLY PARTS ONE THROUGH SIX OF THIS ARTICLE AND, AS APPLICABLE, PART
SEVEN OF THIS ARTICLE, 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 PARTS ONE THROUGH SIX OF THIS ARTICLE.
(C) PART SEVEN OF THIS ARTICLE APPLIES ONLY TO A SUPPORT PROCEEDING
UNDER THE CONVENTION. IN SUCH A PROCEEDING, IF A PROVISION OF PART
SEVEN OF THIS ARTICLE IS INCONSISTENT WITH PARTS ONE THROUGH SIX OF THIS
ARTICLE, PART SEVEN OF THIS ARTICLE CONTROLS.
PART 2
JURISDICTION
SECTION 580-201. BASES FOR JURISDICTION OVER NONRESIDENT.
580-202. DURATION OF PERSONAL JURISDICTION.
580-203. INITIATING AND RESPONDING TRIBUNAL OF STATE.
580-204. SIMULTANEOUS PROCEEDINGS.
580-205. CONTINUING EXCLUSIVE JURISDICTION TO MODIFY CHILD
SUPPORT ORDER.
580-206. CONTINUING JURISDICTION TO ENFORCE CHILD SUPPORT ORDER.
580-207. DETERMINATION OF CONTROLLING CHILD SUPPORT ORDER.
580-208. CHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES.
580-209. CREDIT FOR PAYMENTS.
580-210. APPLICATION OF ARTICLE TO NONRESIDENT SUBJECT TO
PERSONAL JURISDICTION.
580-211. CONTINUING EXCLUSIVE JURISDICTION TO MODIFY
SPOUSAL-SUPPORT ORDER.
S 580-201. BASES FOR JURISDICTION OVER NONRESIDENT. (A) IN A PROCEED-
ING TO ESTABLISH OR ENFORCE A SUPPORT ORDER OR TO DETERMINE PARENTAGE OF
A CHILD, A TRIBUNAL OF THIS STATE MAY EXERCISE PERSONAL JURISDICTION
OVER A NONRESIDENT INDIVIDUAL OR THE INDIVIDUAL'S GUARDIAN OR CONSERVA-
TOR IF:
(1) THE INDIVIDUAL IS PERSONALLY SERVED WITH A SUMMONS AND PETITION
WITHIN THIS STATE;
(2) THE INDIVIDUAL SUBMITS TO THE JURISDICTION OF THIS STATE BY
CONSENT, BY ENTERING A GENERAL APPEARANCE, OR BY FILING A RESPONSIVE
DOCUMENT OR OTHER ACTION HAVING THE EFFECT OF WAIVING ANY CONTEST TO
PERSONAL JURISDICTION;
(3) THE INDIVIDUAL RESIDED WITH THE CHILD IN THIS STATE;
(4) THE INDIVIDUAL RESIDED IN THIS STATE AND PROVIDED PRENATAL
EXPENSES OR SUPPORT FOR THE CHILD;
(5) THE CHILD RESIDES IN THIS STATE AS A RESULT OF THE ACTS OR DIREC-
TIVES OF THE INDIVIDUAL;
(6) THE INDIVIDUAL ENGAGED IN SEXUAL INTERCOURSE IN THIS STATE AND THE
CHILD MAY HAVE BEEN CONCEIVED BY THAT ACT OF INTERCOURSE;
(7) THE INDIVIDUAL ASSERTED PARENTAGE OF A CHILD IN THE PUTATIVE
FATHER REGISTRY MAINTAINED IN THIS STATE BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES; OR
(8) THERE IS ANY OTHER BASIS CONSISTENT WITH THE CONSTITUTIONS OF THIS
STATE AND THE UNITED STATES FOR THE EXERCISE OF PERSONAL JURISDICTION.
(B) THE BASES OF PERSONAL JURISDICTION SET FORTH IN SUBDIVISION (A) OF
THIS SECTION OR IN ANY OTHER LAW OF THIS STATE MAY NOT BE USED TO
ACQUIRE PERSONAL JURISDICTION FOR A TRIBUNAL OF THIS STATE TO MODIFY A
CHILD SUPPORT ORDER OF ANOTHER STATE UNLESS THE REQUIREMENTS OF SECTION
580-611 OF THIS ARTICLE ARE MET, OR, IN THE CASE OF A FOREIGN SUPPORT
A. 7636--A 6
ORDER, UNLESS THE REQUIREMENTS OF SECTION 580-615 OF THIS ARTICLE ARE
MET.
S 580-202. DURATION OF PERSONAL JURISDICTION. PERSONAL JURISDICTION
ACQUIRED BY A TRIBUNAL OF THIS STATE IN A PROCEEDING UNDER THIS ARTICLE
OR OTHER LAW OF THIS STATE RELATING TO A SUPPORT ORDER CONTINUES AS LONG
AS A TRIBUNAL OF THIS STATE HAS CONTINUING, EXCLUSIVE JURISDICTION TO
MODIFY ITS ORDER OR CONTINUING JURISDICTION TO ENFORCE ITS ORDER AS
PROVIDED BY SECTIONS 580-205, 580-206 AND 580-211 OF THIS PART.
S 580-203. INITIATING AND RESPONDING TRIBUNAL OF STATE. UNDER THIS
ARTICLE, A TRIBUNAL OF THIS STATE MAY SERVE AS AN INITIATING TRIBUNAL TO
FORWARD PROCEEDINGS TO A TRIBUNAL OF ANOTHER STATE, AND AS A RESPONDING
TRIBUNAL FOR PROCEEDINGS INITIATED IN ANOTHER STATE OR A FOREIGN COUN-
TRY.
S 580-204. SIMULTANEOUS PROCEEDINGS. (A) A TRIBUNAL OF THIS STATE MAY
EXERCISE JURISDICTION TO ESTABLISH A SUPPORT ORDER IF THE PETITION OR
COMPARABLE PLEADING IS FILED AFTER A PLEADING IS FILED IN ANOTHER STATE
OR A FOREIGN COUNTRY ONLY IF:
(1) THE PETITION OR COMPARABLE PLEADING IN THIS STATE IS FILED BEFORE
THE EXPIRATION OF THE TIME ALLOWED IN THE OTHER STATE OR THE FOREIGN
COUNTRY FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE OF
JURISDICTION BY THE OTHER STATE OR THE FOREIGN COUNTRY;
(2) THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF JURISDIC-
TION IN THE OTHER STATE OR THE FOREIGN COUNTRY; AND
(3) IF RELEVANT, THIS STATE IS THE HOME STATE OF THE CHILD.
(B) A TRIBUNAL OF THIS STATE MAY NOT EXERCISE JURISDICTION TO ESTAB-
LISH A SUPPORT ORDER IF THE PETITION OR COMPARABLE PLEADING IS FILED
BEFORE A PETITION OR COMPARABLE PLEADING IS FILED IN ANOTHER STATE OR A
FOREIGN COUNTRY IF:
(1) THE PETITION OR COMPARABLE PLEADING IN THE OTHER STATE OR FOREIGN
COUNTRY IS FILED BEFORE THE EXPIRATION OF THE TIME ALLOWED IN THIS STATE
FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE OF JURISDIC-
TION BY THIS STATE;
(2) THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF JURISDIC-
TION IN THIS STATE; AND
(3) IF RELEVANT, THE OTHER STATE OR FOREIGN COUNTRY IS THE HOME STATE
OF THE CHILD.
S 580-205. 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 INDI-
VIDUAL OBLIGEE OR THE CHILD FOR WHOSE BENEFIT THE SUPPORT ORDER IS
ISSUED, THE PARTIES CONSENT IN A RECORD OR IN OPEN COURT THAT THE TRIBU-
NAL 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 PARTIES WHO ARE INDIVIDUALS FILE CONSENT IN A RECORD
WITH THE TRIBUNAL OF THIS STATE THAT A TRIBUNAL OF ANOTHER STATE THAT
HAS JURISDICTION OVER AT LEAST ONE OF THE PARTIES WHO IS AN INDIVIDUAL
A. 7636--A 7
OR THAT IS LOCATED IN THE STATE OF RESIDENCE OF THE CHILD MAY MODIFY THE
ORDER AND ASSUME CONTINUING, EXCLUSIVE JURISDICTION; OR
(2) ITS ORDER IS NOT THE CONTROLLING ORDER.
(C) IF A TRIBUNAL OF ANOTHER STATE HAS ISSUED A CHILD SUPPORT ORDER
PURSUANT TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT OR A LAW SUBSTAN-
TIALLY SIMILAR TO THAT ACT WHICH MODIFIES A CHILD SUPPORT ORDER OF A
TRIBUNAL OF THIS STATE, TRIBUNALS OF THIS STATE SHALL RECOGNIZE THE
CONTINUING, EXCLUSIVE JURISDICTION OF THE TRIBUNAL OF THE OTHER STATE.
(D) A TRIBUNAL OF THIS STATE THAT LACKS CONTINUING, EXCLUSIVE JURIS-
DICTION TO MODIFY A CHILD SUPPORT ORDER MAY SERVE AS AN INITIATING
TRIBUNAL TO REQUEST A TRIBUNAL OF ANOTHER STATE TO MODIFY A SUPPORT
ORDER ISSUED IN THAT STATE.
(E) A TEMPORARY SUPPORT ORDER ISSUED EX PARTE OR PENDING RESOLUTION OF
A JURISDICTIONAL CONFLICT DOES NOT CREATE CONTINUING, EXCLUSIVE JURIS-
DICTION IN THE ISSUING TRIBUNAL.
S 580-206. CONTINUING JURISDICTION TO ENFORCE CHILD SUPPORT ORDER.
(A) A TRIBUNAL OF THIS STATE THAT HAS ISSUED A CHILD SUPPORT ORDER
CONSISTENT WITH THE LAW OF THIS STATE MAY SERVE AS AN INITIATING TRIBU-
NAL TO REQUEST A TRIBUNAL OF ANOTHER STATE TO ENFORCE:
(1) THE ORDER IF THE ORDER IS THE CONTROLLING ORDER AND HAS NOT BEEN
MODIFIED BY A TRIBUNAL OF ANOTHER STATE THAT ASSUMED JURISDICTION PURSU-
ANT TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT; OR
(2) A MONEY JUDGMENT FOR ARREARS OF SUPPORT AND INTEREST ON THE ORDER
ACCRUED BEFORE A DETERMINATION THAT AN ORDER OF A TRIBUNAL OF ANOTHER
STATE IS THE CONTROLLING ORDER.
(B) A TRIBUNAL OF THIS STATE HAVING CONTINUING JURISDICTION OVER A
SUPPORT ORDER MAY ACT AS A RESPONDING TRIBUNAL TO ENFORCE THE ORDER.
S 580-207. DETERMINATION OF CONTROLLING CHILD SUPPORT ORDER. (A) IF A
PROCEEDING IS BROUGHT UNDER THIS ARTICLE 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 ARTICLE, AND TWO OR MORE
CHILD SUPPORT ORDERS HAVE BEEN ISSUED BY TRIBUNALS OF THIS STATE, ANOTH-
ER 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 ARTICLE, THE ORDER OF THAT TRIBUNAL CONTROLS.
(2) IF MORE THAN ONE OF THE TRIBUNALS WOULD HAVE CONTINUING, EXCLUSIVE
JURISDICTION UNDER THIS ARTICLE:
(I) AN ORDER ISSUED BY A TRIBUNAL IN THE CURRENT HOME STATE OF THE
CHILD CONTROLS; OR
(II) IF AN ORDER HAS NOT BEEN ISSUED IN THE CURRENT HOME STATE OF THE
CHILD, THE ORDER MOST RECENTLY ISSUED CONTROLS.
(3) IF NONE OF THE TRIBUNALS WOULD HAVE CONTINUING, EXCLUSIVE JURIS-
DICTION UNDER THIS ARTICLE, THE TRIBUNAL OF THIS STATE SHALL ISSUE A
CHILD SUPPORT ORDER, WHICH CONTROLS.
(C) IF TWO OR MORE CHILD SUPPORT ORDERS HAVE BEEN ISSUED FOR THE SAME
OBLIGOR AND SAME CHILD, UPON REQUEST OF A PARTY WHO IS AN INDIVIDUAL OR
THAT IS A SUPPORT ENFORCEMENT AGENCY, A TRIBUNAL OF THIS STATE HAVING
PERSONAL JURISDICTION OVER BOTH THE OBLIGOR AND THE OBLIGEE WHO IS AN
INDIVIDUAL SHALL DETERMINE WHICH ORDER CONTROLS UNDER SUBDIVISION (B) OF
THIS SECTION. THE REQUEST MAY BE FILED WITH A REGISTRATION FOR ENFORCE-
MENT OR REGISTRATION FOR MODIFICATION PURSUANT TO PART SIX OF THIS ARTI-
CLE, OR MAY BE FILED AS A SEPARATE PROCEEDING.
A. 7636--A 8
(D) A REQUEST TO DETERMINE WHICH IS THE CONTROLLING ORDER MUST BE
ACCOMPANIED BY A COPY OF EVERY CHILD SUPPORT ORDER IN EFFECT AND THE
APPLICABLE RECORD OF PAYMENTS. THE REQUESTING PARTY SHALL GIVE NOTICE OF
THE REQUEST TO EACH PARTY WHOSE RIGHTS MAY BE AFFECTED BY THE DETERMI-
NATION.
(E) THE TRIBUNAL THAT ISSUED THE CONTROLLING ORDER UNDER SUBDIVISION
(A), (B) OR (C) OF THIS SECTION HAS CONTINUING JURISDICTION TO THE
EXTENT PROVIDED IN SECTION 580-205 OR 580-206 OF THIS PART.
(F) A TRIBUNAL OF THIS STATE THAT DETERMINES BY ORDER WHICH IS THE
CONTROLLING ORDER UNDER PARAGRAPH ONE OR TWO OF SUBDIVISION (B) OR
SUBDIVISION (C) OF THIS SECTION, OR THAT ISSUES A NEW CONTROLLING ORDER
UNDER PARAGRAPH THREE OF SUBDIVISION (B) OF THIS SECTION, SHALL STATE IN
THAT ORDER:
(1) THE BASIS UPON WHICH THE TRIBUNAL MADE ITS DETERMINATION;
(2) THE AMOUNT OF PROSPECTIVE SUPPORT, IF ANY; AND
(3) THE TOTAL AMOUNT OF CONSOLIDATED ARREARS AND ACCRUED INTEREST, IF
ANY, UNDER ALL OF THE ORDERS AFTER ALL PAYMENTS MADE ARE CREDITED AS
PROVIDED BY SECTION 580-209 OF THIS PART.
(G) WITHIN THIRTY DAYS AFTER ISSUANCE OF AN ORDER DETERMINING WHICH IS
THE CONTROLLING ORDER, THE PARTY OBTAINING THE ORDER SHALL FILE A CERTI-
FIED COPY OF IT IN EACH TRIBUNAL THAT ISSUED OR REGISTERED AN EARLIER
ORDER OF CHILD SUPPORT. A PARTY OR SUPPORT ENFORCEMENT AGENCY OBTAINING
THE ORDER THAT FAILS TO FILE A CERTIFIED COPY IS SUBJECT TO APPROPRIATE
SANCTIONS BY A TRIBUNAL IN WHICH THE ISSUE OF FAILURE TO FILE ARISES.
THE FAILURE TO FILE DOES NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF
THE CONTROLLING ORDER.
(H) AN ORDER THAT HAS BEEN DETERMINED TO BE THE CONTROLLING ORDER, OR
A JUDGMENT FOR CONSOLIDATED ARREARS OF SUPPORT AND INTEREST, IF ANY,
MADE PURSUANT TO THIS SECTION MUST BE RECOGNIZED IN PROCEEDINGS UNDER
THIS ARTICLE.
S 580-208. CHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES. IN RESPOND-
ING TO REGISTRATIONS OR PETITIONS FOR ENFORCEMENT OF TWO OR MORE CHILD
SUPPORT ORDERS IN EFFECT AT THE SAME TIME WITH REGARD TO THE SAME OBLI-
GOR AND DIFFERENT INDIVIDUAL OBLIGEES, AT LEAST ONE OF WHICH WAS ISSUED
BY A TRIBUNAL OF ANOTHER STATE OR A FOREIGN COUNTRY, A TRIBUNAL OF THIS
STATE SHALL ENFORCE THOSE ORDERS IN THE SAME MANNER AS IF THE ORDERS HAD
BEEN ISSUED BY A TRIBUNAL OF THIS STATE.
S 580-209. CREDIT FOR PAYMENTS. A TRIBUNAL OF THIS STATE SHALL CREDIT
AMOUNTS COLLECTED FOR A PARTICULAR PERIOD PURSUANT TO ANY CHILD SUPPORT
ORDER AGAINST THE AMOUNTS OWED FOR THE SAME PERIOD UNDER ANY OTHER CHILD
SUPPORT ORDER FOR SUPPORT OF THE SAME CHILD ISSUED BY A TRIBUNAL OF THIS
STATE, ANOTHER STATE, OR A FOREIGN COUNTRY.
S 580-210. APPLICATION OF ARTICLE TO NONRESIDENT SUBJECT TO PERSONAL
JURISDICTION. A TRIBUNAL OF THIS STATE EXERCISING PERSONAL JURISDICTION
OVER A NONRESIDENT IN A PROCEEDING UNDER THIS ARTICLE, UNDER OTHER LAW
OF THIS STATE RELATING TO A SUPPORT ORDER, OR RECOGNIZING A FOREIGN
SUPPORT ORDER MAY RECEIVE EVIDENCE FROM OUTSIDE THIS STATE PURSUANT TO
SECTION 580-316 OF THIS ARTICLE, COMMUNICATE WITH A TRIBUNAL OUTSIDE
THIS STATE PURSUANT TO SECTION 580-317 OF THIS ARTICLE AND OBTAIN
DISCOVERY THROUGH A TRIBUNAL OUTSIDE THIS STATE PURSUANT TO SECTION
580-318 OF THIS ARTICLE. IN ALL OTHER RESPECTS, PARTS THREE THROUGH SIX
OF THIS ARTICLE DO NOT APPLY, AND THE TRIBUNAL SHALL APPLY THE PROCE-
DURAL AND SUBSTANTIVE LAW OF THIS STATE.
S 580-211. CONTINUING EXCLUSIVE JURISDICTION TO MODIFY SPOUSAL-SUPPORT
ORDER. (A) A TRIBUNAL OF THIS STATE ISSUING A SPOUSAL-SUPPORT ORDER
CONSISTENT WITH THE LAW OF THIS STATE HAS CONTINUING, EXCLUSIVE JURIS-
A. 7636--A 9
DICTION TO MODIFY THE SPOUSAL-SUPPORT ORDER THROUGHOUT THE EXISTENCE OF
THE SUPPORT OBLIGATION.
(B) A TRIBUNAL OF THIS STATE MAY NOT MODIFY A SPOUSAL-SUPPORT ORDER
ISSUED BY A TRIBUNAL OF ANOTHER STATE OR A FOREIGN COUNTRY HAVING
CONTINUING, EXCLUSIVE JURISDICTION OVER THAT ORDER UNDER THE LAW OF THAT
STATE OR FOREIGN COUNTRY.
(C) A TRIBUNAL OF THIS STATE THAT HAS CONTINUING, EXCLUSIVE JURISDIC-
TION OVER A SPOUSAL-SUPPORT ORDER MAY SERVE AS:
(1) AN INITIATING TRIBUNAL TO REQUEST A TRIBUNAL OF ANOTHER STATE TO
ENFORCE THE SPOUSAL-SUPPORT ORDER ISSUED IN THIS STATE; OR
(2) A RESPONDING TRIBUNAL TO ENFORCE OR MODIFY ITS OWN SPOUSAL-SUPPORT
ORDER.
PART 3
CIVIL PROVISIONS OF GENERAL APPLICATION
SECTION 580-301. PROCEEDINGS UNDER ARTICLE.
580-302. ACTION BY MINOR PARENT.
580-303. APPLICATION OF LAW OF STATE.
580-304. DUTIES OF INITIATING TRIBUNAL.
580-305. DUTIES AND POWERS OF RESPONDING TRIBUNAL.
580-306. INAPPROPRIATE TRIBUNAL.
580-307. DUTIES OF SUPPORT ENFORCEMENT AGENCY.
580-308. DUTY OF CERTAIN STATE OFFICIALS.
580-309. PRIVATE COUNSEL.
580-310. DUTIES OF STATE INFORMATION AGENCY.
580-311. PLEADINGS AND ACCOMPANYING DOCUMENTS.
580-312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUM-
STANCES.
580-313. COSTS AND FEES.
580-314. LIMITED IMMUNITY OF PETITIONER.
580-315. NONPARENTAGE AS A DEFENSE.
580-316. SPECIAL RULES OF EVIDENCE AND PROCEDURE.
580-317. COMMUNICATIONS BETWEEN TRIBUNALS.
580-318. ASSISTANCE WITH DISCOVERY.
580-319. RECEIPT AND DISBURSEMENT OF PAYMENTS.
S 580-301. PROCEEDINGS UNDER ARTICLE. (A) EXCEPT AS OTHERWISE PROVIDED
IN THIS ARTICLE, THIS PART APPLIES TO ALL PROCEEDINGS UNDER THIS ARTI-
CLE.
(B) AN INDIVIDUAL PETITIONER OR A SUPPORT ENFORCEMENT AGENCY MAY
INITIATE A PROCEEDING AUTHORIZED UNDER THIS ARTICLE BY FILING A PETITION
IN AN INITIATING TRIBUNAL FOR FORWARDING TO A RESPONDING TRIBUNAL OR BY
FILING A PETITION OR A COMPARABLE PLEADING DIRECTLY IN A TRIBUNAL OF
ANOTHER STATE OR A FOREIGN COUNTRY WHICH HAS OR CAN OBTAIN PERSONAL
JURISDICTION OVER THE RESPONDENT.
S 580-302. PROCEEDING BY A MINOR PARENT. A MINOR PARENT, OR A GUARDI-
AN OR OTHER LEGAL REPRESENTATIVE OF A MINOR PARENT, MAY MAINTAIN A
PROCEEDING ON BEHALF OF OR FOR THE BENEFIT OF THE MINOR'S CHILD.
S 580-303. APPLICATION OF LAW OF STATE. EXCEPT AS OTHERWISE PROVIDED
IN THIS ARTICLE, A RESPONDING TRIBUNAL OF THIS STATE SHALL:
1. APPLY THE PROCEDURAL AND SUBSTANTIVE LAW GENERALLY APPLICABLE TO
SIMILAR PROCEEDINGS ORIGINATING IN THIS STATE AND MAY EXERCISE ALL
POWERS AND PROVIDE ALL REMEDIES AVAILABLE IN THOSE PROCEEDINGS; AND
2. DETERMINE THE DUTY OF SUPPORT AND THE AMOUNT PAYABLE IN ACCORDANCE
WITH THE LAW AND SUPPORT GUIDELINES OF THIS STATE.
S 580-304. DUTIES OF INITIATING TRIBUNAL. (A) UPON THE FILING OF A
PETITION AUTHORIZED BY THIS ARTICLE, AN INITIATING TRIBUNAL OF THIS
STATE SHALL FORWARD THE PETITION AND ITS ACCOMPANYING DOCUMENTS:
A. 7636--A 10
(1) TO THE RESPONDING TRIBUNAL OR APPROPRIATE SUPPORT ENFORCEMENT
AGENCY IN THE RESPONDING STATE; OR
(2) IF THE IDENTITY OF THE RESPONDING TRIBUNAL IS UNKNOWN, TO THE
STATE INFORMATION AGENCY OF THE RESPONDING STATE WITH A REQUEST THAT
THEY BE FORWARDED TO THE APPROPRIATE TRIBUNAL AND THAT RECEIPT BE
ACKNOWLEDGED.
(B) IF REQUESTED BY THE RESPONDING TRIBUNAL, A TRIBUNAL OF THIS STATE
SHALL ISSUE A CERTIFICATE OR OTHER DOCUMENT AND MAKE FINDINGS REQUIRED
BY THE LAW OF THE RESPONDING STATE. IF THE RESPONDING TRIBUNAL IS IN A
FOREIGN COUNTRY, UPON REQUEST THE TRIBUNAL OF THIS STATE SHALL SPECIFY
THE AMOUNT OF SUPPORT SOUGHT, CONVERT THAT AMOUNT INTO THE EQUIVALENT
AMOUNT IN THE FOREIGN CURRENCY UNDER APPLICABLE OFFICIAL OR MARKET
EXCHANGE RATE AS PUBLICLY REPORTED, AND PROVIDE ANY OTHER DOCUMENTS
NECESSARY TO SATISFY THE REQUIREMENTS OF THE RESPONDING FOREIGN TRIBU-
NAL.
S 580-305. 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 SUBDIVISION
(B) OF SECTION 580-301 OF THIS PART, 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;
(8) ORDER AN OBLIGOR TO KEEP THE TRIBUNAL INFORMED OF THE OBLIGOR'S
CURRENT RESIDENTIAL ADDRESS, ELECTRONIC-MAIL ADDRESS, TELEPHONE NUMBER,
EMPLOYER, ADDRESS OF EMPLOYMENT AND TELEPHONE NUMBER AT THE PLACE OF
EMPLOYMENT;
(9) ISSUE A WARRANT FOR AN OBLIGOR WHO HAS FAILED AFTER PROPER NOTICE
TO APPEAR AT A HEARING ORDERED BY THE TRIBUNAL AND ENTER THE WARRANT IN
ANY LOCAL AND STATE COMPUTER SYSTEMS FOR CRIMINAL WARRANTS;
(10) ORDER THE OBLIGOR TO SEEK APPROPRIATE EMPLOYMENT BY SPECIFIED
METHODS;
(11) AWARD REASONABLE ATTORNEY'S FEES AND OTHER FEES AND COSTS; AND
(12) GRANT ANY OTHER AVAILABLE REMEDY.
(C) A RESPONDING TRIBUNAL OF THIS STATE SHALL INCLUDE IN A SUPPORT
ORDER ISSUED UNDER THIS ARTICLE, OR IN THE DOCUMENTS ACCOMPANYING THE
ORDER, THE CALCULATIONS ON WHICH THE SUPPORT ORDER IS BASED.
(D) A RESPONDING TRIBUNAL OF THIS STATE MAY NOT CONDITION THE PAYMENT
OF A SUPPORT ORDER ISSUED UNDER THIS ARTICLE UPON COMPLIANCE BY A PARTY
WITH PROVISIONS FOR VISITATION.
(E) IF A RESPONDING TRIBUNAL OF THIS STATE ISSUES AN ORDER UNDER THIS
ARTICLE, THE TRIBUNAL SHALL SEND A COPY OF THE ORDER TO THE PETITIONER
AND THE RESPONDENT AND TO THE INITIATING TRIBUNAL, IF ANY.
(F) IF REQUESTED TO ENFORCE A SUPPORT ORDER, ARREARS, OR JUDGMENT OR
MODIFY A SUPPORT ORDER STATED IN A FOREIGN CURRENCY, A RESPONDING TRIBU-
A. 7636--A 11
NAL OF THIS STATE SHALL CONVERT THE AMOUNT STATED IN THE FOREIGN CURREN-
CY TO THE EQUIVALENT AMOUNT IN DOLLARS UNDER THE APPLICABLE OFFICIAL OR
MARKET EXCHANGE RATE AS PUBLICLY REPORTED.
S 580-306. INAPPROPRIATE TRIBUNAL. IF A PETITION OR COMPARABLE PLEAD-
ING IS RECEIVED BY AN INAPPROPRIATE TRIBUNAL OF THIS STATE, THE TRIBUNAL
SHALL FORWARD THE PLEADING AND ACCOMPANYING DOCUMENTS TO AN APPROPRIATE
TRIBUNAL OF THIS STATE OR ANOTHER STATE AND NOTIFY THE PETITIONER WHERE
AND WHEN THE PLEADING WAS SENT.
S 580-307. 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 ARTICLE.
(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 TEN DAYS, EXCLUSIVE OF SATURDAYS, SUNDAYS AND LEGAL HOLI-
DAYS, 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 TEN DAYS, EXCLUSIVE OF SATURDAYS, SUNDAYS AND LEGAL HOLI-
DAYS, AFTER RECEIPT OF COMMUNICATION IN A RECORD FROM THE RESPONDENT OR
THE RESPONDENT'S ATTORNEY, SEND A COPY OF THE COMMUNICATION TO THE PETI-
TIONER; AND
(6) NOTIFY THE PETITIONER IF JURISDICTION OVER THE RESPONDENT CANNOT
BE OBTAINED.
(C) A SUPPORT ENFORCEMENT AGENCY OF THIS STATE THAT REQUESTS REGISTRA-
TION OF A CHILD SUPPORT ORDER IN THIS STATE FOR ENFORCEMENT OR FOR
MODIFICATION SHALL MAKE REASONABLE EFFORTS:
(1) TO ENSURE THAT THE ORDER TO BE REGISTERED IS THE CONTROLLING
ORDER; OR
(2) IF TWO OR MORE CHILD SUPPORT ORDERS EXIST AND THE IDENTITY OF THE
CONTROLLING ORDER HAS NOT BEEN DETERMINED, TO ENSURE THAT A REQUEST FOR
SUCH A DETERMINATION IS MADE IN A TRIBUNAL HAVING JURISDICTION TO DO SO.
(D) A SUPPORT ENFORCEMENT AGENCY OF THIS STATE THAT REQUESTS REGISTRA-
TION AND ENFORCEMENT OF A SUPPORT ORDER, ARREARS OR JUDGMENT STATED IN A
FOREIGN CURRENCY SHALL CONVERT THE AMOUNTS STATED IN THE FOREIGN CURREN-
CY INTO THE EQUIVALENT AMOUNTS IN DOLLARS UNDER THE APPLICABLE OFFICIAL
OR MARKET EXCHANGE RATE AS PUBLICLY REPORTED.
(E) A SUPPORT ENFORCEMENT AGENCY OF THIS STATE SHALL ISSUE OR REQUEST
A TRIBUNAL OF THIS STATE TO ISSUE A CHILD SUPPORT ORDER AND AN INCOME
WITHHOLDING ORDER THAT REDIRECT PAYMENT OF CURRENT SUPPORT, ARREARS, AND
INTEREST IF REQUESTED TO DO SO BY A SUPPORT ENFORCEMENT AGENCY OF ANOTH-
ER STATE PURSUANT TO SECTION 580-319 OF THIS PART.
(F) THIS ARTICLE DOES NOT CREATE OR NEGATE A RELATIONSHIP OF ATTORNEY
AND CLIENT OR OTHER FIDUCIARY RELATIONSHIP BETWEEN A SUPPORT ENFORCEMENT
AGENCY OR THE ATTORNEY FOR THE AGENCY AND THE INDIVIDUAL BEING ASSISTED
BY THE AGENCY.
S 580-308. DUTY OF CERTAIN STATE OFFICIALS. (A) IF THE ATTORNEY
GENERAL DETERMINES THAT THE SUPPORT ENFORCEMENT AGENCY IS NEGLECTING OR
REFUSING TO PROVIDE SERVICES TO AN INDIVIDUAL, THE ATTORNEY GENERAL MAY
ORDER THE AGENCY TO PERFORM ITS DUTIES UNDER THIS ARTICLE OR MAY PROVIDE
THOSE SERVICES DIRECTLY TO THE INDIVIDUAL.
A. 7636--A 12
(B) THE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE MAY DETER-
MINE THAT A FOREIGN COUNTRY HAS ESTABLISHED A RECIPROCAL ARRANGEMENT FOR
CHILD SUPPORT WITH THIS STATE AND TAKE APPROPRIATE ACTION FOR NOTIFICA-
TION OF THE DETERMINATION.
S 580-309. PRIVATE COUNSEL. AN INDIVIDUAL MAY EMPLOY PRIVATE COUNSEL
TO REPRESENT THE INDIVIDUAL IN PROCEEDINGS AUTHORIZED BY THIS ARTICLE.
S 580-310. DUTIES OF STATE INFORMATION AGENCY. (A) THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE IS THE STATE INFORMATION AGENCY
UNDER THIS ARTICLE.
(B) THE STATE INFORMATION AGENCY SHALL:
(1) COMPILE AND MAINTAIN A CURRENT LIST, INCLUDING ADDRESSES, OF THE
TRIBUNALS IN THIS STATE WHICH HAVE JURISDICTION UNDER THIS ARTICLE AND
ANY SUPPORT ENFORCEMENT AGENCIES IN THIS STATE AND TRANSMIT A COPY TO
THE STATE INFORMATION AGENCY OF EVERY OTHER STATE;
(2) MAINTAIN A REGISTER OF NAMES AND ADDRESSES OF TRIBUNALS AND
SUPPORT ENFORCEMENT AGENCIES RECEIVED FROM OTHER STATES;
(3) FORWARD TO THE APPROPRIATE TRIBUNAL IN THE COUNTY IN THIS STATE IN
WHICH THE OBLIGEE WHO IS AN INDIVIDUAL OR THE OBLIGOR RESIDES, OR IN
WHICH THE OBLIGOR'S PROPERTY IS BELIEVED TO BE LOCATED, ALL DOCUMENTS
CONCERNING A PROCEEDING UNDER THIS ARTICLE RECEIVED FROM ANOTHER STATE
OR A FOREIGN COUNTRY; AND
(4) OBTAIN INFORMATION CONCERNING THE LOCATION OF THE OBLIGOR AND THE
OBLIGOR'S PROPERTY WITHIN THIS STATE NOT EXEMPT FROM EXECUTION, BY SUCH
MEANS AS POSTAL VERIFICATION AND FEDERAL OR STATE LOCATOR SERVICES,
EXAMINATION OF TELEPHONE DIRECTORIES, REQUESTS FOR THE OBLIGOR'S ADDRESS
FROM EMPLOYERS AND EXAMINATION OF GOVERNMENTAL RECORDS, INCLUDING, TO
THE EXTENT NOT PROHIBITED BY OTHER LAW, THOSE RELATING TO REAL PROPERTY,
VITAL STATISTICS, LAW ENFORCEMENT, TAXATION, MOTOR VEHICLES, DRIVER'S
LICENSES AND SOCIAL SECURITY.
S 580-311. PLEADINGS AND ACCOMPANYING DOCUMENTS. (A) IN A PROCEEDING
UNDER THIS ARTICLE, A PETITIONER SEEKING TO ESTABLISH A SUPPORT ORDER,
TO DETERMINE PARENTAGE OF A CHILD OR TO REGISTER AND MODIFY A SUPPORT
ORDER OF A TRIBUNAL OF ANOTHER STATE OR A FOREIGN COUNTRY MUST FILE A
PETITION. UNLESS OTHERWISE ORDERED UNDER SECTION 580-312 OF THIS PART,
THE PETITION OR ACCOMPANYING DOCUMENTS MUST PROVIDE, SO FAR AS KNOWN,
THE NAME, RESIDENTIAL ADDRESS AND SOCIAL SECURITY NUMBERS OF THE OBLIGOR
AND THE OBLIGEE OR THE PARENT AND ALLEGED PARENT, AND THE NAME, SEX,
RESIDENTIAL ADDRESS, SOCIAL SECURITY NUMBER AND DATE OF BIRTH OF EACH
CHILD FOR WHOSE BENEFIT SUPPORT IS SOUGHT OR WHOSE PARENTAGE IS TO BE
DETERMINED. UNLESS FILED AT THE TIME OF REGISTRATION, THE PETITION MUST
BE ACCOMPANIED BY A COPY OF ANY SUPPORT ORDER KNOWN TO HAVE BEEN ISSUED
BY ANOTHER TRIBUNAL. THE PETITION MAY INCLUDE ANY OTHER INFORMATION THAT
MAY ASSIST IN LOCATING OR IDENTIFYING THE RESPONDENT.
(B) THE PETITION MUST SPECIFY THE RELIEF SOUGHT. THE PETITION AND
ACCOMPANYING DOCUMENTS MUST CONFORM SUBSTANTIALLY WITH THE REQUIREMENTS
IMPOSED BY THE FORMS MANDATED BY FEDERAL LAW FOR USE IN CASES FILED BY A
SUPPORT ENFORCEMENT AGENCY.
S 580-312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES.
IF A PARTY ALLEGES IN AN AFFIDAVIT OR A PLEADING UNDER OATH THAT THE
HEALTH, SAFETY OR LIBERTY OF A PARTY OR CHILD WOULD BE JEOPARDIZED BY
DISCLOSURE OF SPECIFIC IDENTIFYING INFORMATION, THAT INFORMATION MUST BE
SEALED AND MAY NOT BE DISCLOSED TO THE OTHER PARTY OR THE PUBLIC. AFTER
A HEARING IN WHICH A TRIBUNAL TAKES INTO CONSIDERATION THE HEALTH, SAFE-
TY OR LIBERTY OF THE PARTY OR CHILD, THE TRIBUNAL MAY ORDER DISCLOSURE
OF INFORMATION THAT THE TRIBUNAL DETERMINES TO BE IN THE INTEREST OF
JUSTICE.
A. 7636--A 13
S 580-313. COSTS AND FEES. (A) THE PETITIONER MAY NOT BE REQUIRED TO
PAY A FILING FEE OR OTHER COSTS.
(B) IF AN OBLIGEE PREVAILS, A RESPONDING TRIBUNAL OF THIS STATE MAY
ASSESS AGAINST AN OBLIGOR FILING FEES, REASONABLE ATTORNEY'S FEES, OTHER
COSTS, AND NECESSARY TRAVEL AND OTHER REASONABLE EXPENSES INCURRED BY
THE OBLIGEE AND THE OBLIGEE'S WITNESSES. THE TRIBUNAL MAY NOT ASSESS
FEES, COSTS OR EXPENSES AGAINST THE OBLIGEE OR THE SUPPORT ENFORCEMENT
AGENCY OF EITHER THE INITIATING OR RESPONDING STATE OR FOREIGN COUNTRY,
EXCEPT AS PROVIDED BY OTHER LAW. ATTORNEY'S FEES MAY BE TAXED AS COSTS,
AND MAY BE ORDERED PAID DIRECTLY TO THE ATTORNEY, WHO MAY ENFORCE THE
ORDER IN THE ATTORNEY'S OWN NAME. PAYMENT OF SUPPORT OWED TO THE OBLIGEE
HAS PRIORITY OVER FEES, COSTS, AND EXPENSES.
(C) THE TRIBUNAL SHALL ORDER THE PAYMENT OF COSTS AND REASONABLE
ATTORNEY'S FEES IF IT DETERMINES THAT A HEARING WAS REQUESTED PRIMARILY
FOR DELAY. IN A PROCEEDING UNDER PART SIX OF THIS ARTICLE, A HEARING IS
PRESUMED TO HAVE BEEN REQUESTED PRIMARILY FOR DELAY IF A REGISTERED
SUPPORT ORDER IS CONFIRMED OR ENFORCED WITHOUT CHANGE.
S 580-314. LIMITED IMMUNITY OF PETITIONER. (A) PARTICIPATION BY A
PETITIONER IN A PROCEEDING UNDER THIS ARTICLE BEFORE A RESPONDING TRIBU-
NAL, WHETHER IN PERSON, BY PRIVATE ATTORNEY OR THROUGH SERVICES PROVIDED
BY THE SUPPORT ENFORCEMENT AGENCY, DOES NOT CONFER PERSONAL JURISDICTION
OVER THE PETITIONER IN ANOTHER PROCEEDING.
(B) A PETITIONER IS NOT AMENABLE TO SERVICE OF CIVIL PROCESS WHILE
PHYSICALLY PRESENT IN THIS STATE TO PARTICIPATE IN A PROCEEDING UNDER
THIS ARTICLE.
(C) THE IMMUNITY GRANTED BY THIS SECTION DOES NOT EXTEND TO CIVIL
LITIGATION BASED ON ACTS UNRELATED TO A PROCEEDING UNDER THIS ARTICLE
COMMITTED BY A PARTY WHILE PHYSICALLY PRESENT IN THIS STATE TO PARTIC-
IPATE IN THE PROCEEDING.
S 580-315. NONPARENTAGE AS DEFENSE. A PARTY WHOSE PARENTAGE OF A
CHILD HAS BEEN PREVIOUSLY DETERMINED BY OR PURSUANT TO LAW MAY NOT PLEAD
NONPARENTAGE AS A DEFENSE TO A PROCEEDING UNDER THIS ARTICLE.
S 580-316. 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 MODIFI-
CATION 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 THE MOTHER AND CHILD, FURNISHED TO
THE ADVERSE PARTY AT LEAST TEN DAYS BEFORE TRIAL, ARE ADMISSIBLE IN
EVIDENCE TO PROVE THE AMOUNT OF THE CHARGES BILLED AND THAT THE CHARGES
WERE REASONABLE, NECESSARY AND CUSTOMARY.
(E) DOCUMENTARY EVIDENCE TRANSMITTED FROM OUTSIDE THIS STATE TO A
TRIBUNAL OF THIS STATE BY TELEPHONE, TELECOPIER OR OTHER ELECTRONIC
MEANS THAT DO NOT PROVIDE AN ORIGINAL RECORD MAY NOT BE EXCLUDED FROM
EVIDENCE ON AN OBJECTION BASED ON THE MEANS OF TRANSMISSION.
A. 7636--A 14
(F) IN A PROCEEDING UNDER THIS ARTICLE, A TRIBUNAL OF THIS STATE SHALL
PERMIT A PARTY OR WITNESS RESIDING OUTSIDE THIS STATE TO BE DEPOSED OR
TO TESTIFY UNDER PENALTY OF PERJURY BY TELEPHONE, AUDIOVISUAL MEANS OR
OTHER ELECTRONIC MEANS AT A DESIGNATED TRIBUNAL OR OTHER LOCATION. A
TRIBUNAL OF THIS STATE SHALL COOPERATE WITH OTHER TRIBUNALS IN DESIGNAT-
ING AN APPROPRIATE LOCATION FOR THE DEPOSITION OR TESTIMONY.
(G) IF A PARTY CALLED TO TESTIFY AT A CIVIL HEARING REFUSES TO ANSWER
ON THE GROUND THAT THE TESTIMONY MAY BE SELF-INCRIMINATING, THE TRIER OF
FACT MAY DRAW AN ADVERSE INFERENCE FROM THE REFUSAL.
(H) A PRIVILEGE AGAINST DISCLOSURE OF COMMUNICATIONS BETWEEN SPOUSES
DOES NOT APPLY IN A PROCEEDING UNDER THIS ARTICLE.
(I) THE DEFENSE OF IMMUNITY BASED ON THE RELATIONSHIP OF HUSBAND AND
WIFE OR PARENT AND CHILD DOES NOT APPLY IN A PROCEEDING UNDER THIS ARTI-
CLE.
(J) A VOLUNTARY ACKNOWLEDGMENT OF PATERNITY, CERTIFIED AS A TRUE COPY,
IS ADMISSIBLE TO ESTABLISH PARENTAGE OF THE CHILD.
S 580-317. COMMUNICATIONS BETWEEN TRIBUNALS. A TRIBUNAL OF THIS STATE
MAY COMMUNICATE WITH A TRIBUNAL OUTSIDE THIS STATE IN A RECORD OR BY
TELEPHONE, ELECTRONIC MAIL OR OTHER MEANS, TO OBTAIN INFORMATION
CONCERNING THE LAWS, THE LEGAL EFFECT OF A JUDGMENT, DECREE OR ORDER OF
THAT TRIBUNAL, AND THE STATUS OF A PROCEEDING. A TRIBUNAL OF THIS STATE
MAY FURNISH SIMILAR INFORMATION BY SIMILAR MEANS TO A TRIBUNAL OUTSIDE
THIS STATE.
S 580-318. ASSISTANCE WITH DISCOVERY. A TRIBUNAL OF THIS STATE MAY:
1. REQUEST A TRIBUNAL OUTSIDE THIS STATE TO ASSIST IN OBTAINING
DISCOVERY; AND
2. UPON REQUEST, COMPEL A PERSON OVER WHICH IT HAS JURISDICTION TO
RESPOND TO A DISCOVERY ORDER ISSUED BY A TRIBUNAL OUTSIDE THIS STATE.
S 580-319. RECEIPT AND DISBURSEMENT OF PAYMENTS. (A) A SUPPORT
ENFORCEMENT AGENCY OR TRIBUNAL OF THIS STATE SHALL DISBURSE PROMPTLY ANY
AMOUNTS RECEIVED PURSUANT TO A SUPPORT ORDER, AS DIRECTED BY THE ORDER.
THE AGENCY OR TRIBUNAL SHALL FURNISH TO A REQUESTING PARTY OR TRIBUNAL
OF ANOTHER STATE OR A FOREIGN COUNTRY A CERTIFIED STATEMENT BY THE
CUSTODIAN OF THE RECORD OF THE AMOUNTS AND DATES OF ALL PAYMENTS
RECEIVED.
(B) IF NEITHER THE OBLIGOR, NOR THE OBLIGEE WHO IS AN INDIVIDUAL, NOR
THE CHILD RESIDES IN THIS STATE, UPON REQUEST FROM A SUPPORT ENFORCEMENT
AGENCY OF THIS STATE OR ANOTHER STATE, A SUPPORT ENFORCEMENT AGENCY OR A
TRIBUNAL OF THIS STATE SHALL:
(1) DIRECT THAT THE SUPPORT PAYMENT BE MADE TO THE SUPPORT ENFORCEMENT
AGENCY IN THE STATE IN WHICH THE OBLIGEE IS RECEIVING SERVICES; AND
(2) ISSUE AND SEND TO THE OBLIGOR'S EMPLOYER A CONFORMING INCOME WITH-
HOLDING ORDER OR AN ADMINISTRATIVE NOTICE OF CHANGE OF PAYEE, REFLECTING
THE REDIRECTED PAYMENTS.
(C) A SUPPORT ENFORCEMENT AGENCY OF THIS STATE RECEIVING REDIRECTED
PAYMENTS FROM ANOTHER STATE PURSUANT TO A LAW SIMILAR TO SUBDIVISION (B)
OF THIS SECTION SHALL FURNISH TO A REQUESTING PARTY OR TRIBUNAL OF THE
OTHER STATE A CERTIFIED STATEMENT BY THE CUSTODIAN OF THE RECORD OF THE
AMOUNT AND DATES OF ALL PAYMENTS RECEIVED.
PART 4
ESTABLISHMENT OF SUPPORT ORDER OR
DETERMINATION OF PARENTAGE
SECTION 580-401. ESTABLISHMENT OF SUPPORT ORDER.
580-402. PROCEEDING TO DETERMINE PARENTAGE.
S 580-401. ESTABLISHMENT OF SUPPORT ORDER. (A) IF A SUPPORT ORDER
ENTITLED TO RECOGNITION UNDER THIS ARTICLE HAS NOT BEEN ISSUED, A
A. 7636--A 15
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 APPLICABLE STATE LAW;
(7) THE MOTHER OF THE CHILD; OR
(8) AN INDIVIDUAL WHO HAS BEEN ORDERED TO PAY CHILD SUPPORT IN A
PREVIOUS PROCEEDING AND THE ORDER HAS NOT BEEN REVERSED OR VACATED.
(C) UPON FINDING, AFTER NOTICE AND OPPORTUNITY TO BE HEARD, THAT AN
OBLIGOR OWES A DUTY OF SUPPORT, THE TRIBUNAL SHALL ISSUE A SUPPORT ORDER
DIRECTED TO THE OBLIGOR AND MAY ISSUE OTHER ORDERS PURSUANT TO SECTION
580-305 OF THIS ARTICLE.
S 580-402. PROCEEDING TO DETERMINE PARENTAGE. A TRIBUNAL OF THIS
STATE AUTHORIZED TO DETERMINE PARENTAGE OF A CHILD MAY SERVE AS A
RESPONDING TRIBUNAL IN A PROCEEDING TO DETERMINE PARENTAGE OF A CHILD
BROUGHT UNDER THIS ARTICLE OR A LAW OR PROCEDURE SUBSTANTIALLY SIMILAR
TO THIS ARTICLE.
PART 5
ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION
SECTION 580-501. EMPLOYER'S RECEIPT OF INCOME WITHHOLDING ORDER OF
ANOTHER STATE.
580-502. EMPLOYER'S COMPLIANCE WITH INCOME WITHHOLDING ORDER OF
ANOTHER STATE.
580-503. COMPLIANCE WITH MULTIPLE INCOME WITHHOLDING ORDERS.
580-504. IMMUNITY FROM CIVIL LIABILITY.
580-505. PENALTIES FOR NONCOMPLIANCE.
580-506. CONTEST BY OBLIGOR.
580-507. ADMINISTRATIVE ENFORCEMENT OF ORDERS.
S 580-501. EMPLOYER'S RECEIPT OF INCOME WITHHOLDING ORDER OF ANOTHER
STATE. AN INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE MAY BE SENT
BY OR ON BEHALF OF THE OBLIGEE, OR BY THE SUPPORT ENFORCEMENT AGENCY, TO
THE PERSON DEFINED AS THE OBLIGOR'S EMPLOYER OR INCOME PAYOR UNDER
SECTION FIVE THOUSAND TWO HUNDRED FORTY-ONE OF THE CIVIL PRACTICE LAW
AND RULES OR OTHER DEBTOR (FOR PURPOSES OF THIS PART AND SECTION 580-605
OF THIS ARTICLE, EMPLOYER SHALL ALSO INCLUDE INCOME PAYOR OR OTHER
DEBTOR) WITHOUT FIRST FILING A PETITION OR COMPARABLE PLEADING OR REGIS-
TERING THE ORDER WITH A TRIBUNAL OF THIS STATE.
S 580-502. 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 SUBDIVISION (D) OF THIS SECTION
AND SECTION 580-503 OF THIS PART, THE EMPLOYER SHALL WITHHOLD AND
A. 7636--A 16
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 AVAILABLE THROUGH THE
OBLIGOR'S EMPLOYMENT;
(4) THE AMOUNT OF PERIODIC PAYMENTS OF FEES AND COSTS FOR A SUPPORT
ENFORCEMENT AGENCY, THE ISSUING TRIBUNAL AND THE OBLIGEE'S ATTORNEY,
STATED AS SUMS CERTAIN; AND
(5) THE AMOUNT OF PERIODIC PAYMENTS OF ARREARAGES AND INTEREST ON
ARREARAGES, STATED AS SUMS CERTAIN.
(D) AN EMPLOYER SHALL COMPLY WITH THE LAW OF THE STATE OF THE
OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT FOR WITHHOLDING FROM INCOME WITH
RESPECT TO:
(1) THE EMPLOYER'S FEE FOR PROCESSING AN INCOME WITHHOLDING ORDER;
(2) THE MAXIMUM AMOUNT PERMITTED TO BE WITHHELD FROM THE OBLIGOR'S
INCOME; AND
(3) THE TIMES WITHIN WHICH THE EMPLOYER MUST IMPLEMENT THE WITHHOLDING
ORDER AND FORWARD THE CHILD SUPPORT PAYMENT.
S 580-503. COMPLIANCE WITH MULTIPLE INCOME WITHHOLDING ORDERS. IF AN
OBLIGOR'S EMPLOYER RECEIVES TWO OR MORE INCOME WITHHOLDING ORDERS WITH
RESPECT TO THE EARNINGS OF THE SAME OBLIGOR, THE EMPLOYER SATISFIES THE
TERMS OF THE ORDERS IF THE EMPLOYER COMPLIES WITH THE LAW OF THE STATE
OF THE OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT TO ESTABLISH THE PRIORI-
TIES FOR WITHHOLDING AND ALLOCATING INCOME WITHHELD FOR TWO OR MORE
CHILD SUPPORT OBLIGEES.
S 580-504. IMMUNITY FROM CIVIL LIABILITY. AN EMPLOYER THAT COMPLIES
WITH AN INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE IN ACCORDANCE
WITH THIS PART IS NOT SUBJECT TO CIVIL LIABILITY TO AN INDIVIDUAL OR
AGENCY WITH REGARD TO THE EMPLOYER'S WITHHOLDING OF CHILD SUPPORT FROM
THE OBLIGOR'S INCOME.
S 580-505. PENALTIES FOR NONCOMPLIANCE. AN EMPLOYER THAT WILLFULLY
FAILS TO COMPLY WITH AN INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE
AND RECEIVED FOR ENFORCEMENT IS SUBJECT TO THE SAME PENALTIES THAT MAY
BE IMPOSED FOR NONCOMPLIANCE WITH AN ORDER ISSUED BY A TRIBUNAL OF THIS
STATE.
S 580-506. CONTEST BY OBLIGOR. (A) AN OBLIGOR MAY CONTEST THE VALIDI-
TY OR ENFORCEMENT OF AN INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE
AND RECEIVED DIRECTLY BY AN EMPLOYER IN THIS STATE BY REGISTERING THE
ORDER IN A TRIBUNAL OF THIS STATE AND FILING A CONTEST TO THAT ORDER AS
PROVIDED IN PART SIX OF THIS ARTICLE, OR OTHERWISE CONTESTING THE ORDER
IN THE SAME MANNER AS IF THE ORDER HAD BEEN ISSUED BY A TRIBUNAL OF THIS
STATE.
(B) THE OBLIGOR SHALL GIVE NOTICE OF THE CONTEST TO:
(1) A SUPPORT ENFORCEMENT AGENCY PROVIDING SERVICES TO THE OBLIGEE;
(2) EACH EMPLOYER THAT HAS DIRECTLY RECEIVED AN INCOME WITHHOLDING
ORDER RELATING TO THE OBLIGOR; AND
(3) THE PERSON DESIGNATED TO RECEIVE PAYMENTS IN THE INCOME WITHHOLD-
ING ORDER OR, IF NO PERSON IS DESIGNATED, TO THE OBLIGEE.
S 580-507. ADMINISTRATIVE ENFORCEMENT OF ORDERS. (A) A PARTY OR
SUPPORT ENFORCEMENT AGENCY SEEKING TO ENFORCE A SUPPORT ORDER OR AN
INCOME WITHHOLDING ORDER, OR BOTH, ISSUED IN ANOTHER STATE OR A FOREIGN
A. 7636--A 17
SUPPORT ORDER MAY SEND THE DOCUMENTS REQUIRED FOR REGISTERING THE ORDER
TO A SUPPORT ENFORCEMENT AGENCY OF THIS STATE.
(B) UPON RECEIPT OF THE DOCUMENTS, THE SUPPORT ENFORCEMENT AGENCY,
WITHOUT INITIALLY SEEKING TO REGISTER THE ORDER, SHALL CONSIDER AND, IF
APPROPRIATE, USE ANY ADMINISTRATIVE PROCEDURE AUTHORIZED BY THE LAW OF
THIS STATE TO ENFORCE A SUPPORT ORDER OR AN INCOME WITHHOLDING ORDER, OR
BOTH. IF THE OBLIGOR DOES NOT CONTEST ADMINISTRATIVE ENFORCEMENT, THE
ORDER NEED NOT BE REGISTERED. IF THE OBLIGOR CONTESTS THE VALIDITY OR
ADMINISTRATIVE ENFORCEMENT OF THE ORDER, THE SUPPORT ENFORCEMENT AGENCY
SHALL REGISTER THE ORDER PURSUANT TO THIS ARTICLE.
PART 6
REGISTRATION, ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
SUBPART A. REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER.
B. CONTEST OF VALIDITY OR ENFORCEMENT.
C. REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER OF
ANOTHER STATE.
D. REGISTRATION AND MODIFICATION OF FOREIGN CHILD SUPPORT ORDER.
SUBPART A
REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
SECTION 580-601. REGISTRATION OF ORDER FOR ENFORCEMENT.
580-602. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT.
580-603. EFFECT OF REGISTRATION FOR ENFORCEMENT.
580-604. CHOICE OF LAW.
S 580-601. REGISTRATION OF ORDER FOR ENFORCEMENT. A SUPPORT ORDER OR
INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE OR A FOREIGN SUPPORT
ORDER MAY BE REGISTERED IN THIS STATE FOR ENFORCEMENT.
S 580-602. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT. (A) EXCEPT AS
OTHERWISE PROVIDED IN SECTION 580-706 OF THIS ARTICLE, 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:
(I) THE OBLIGOR'S ADDRESS AND SOCIAL SECURITY NUMBER;
(II) THE NAME AND ADDRESS OF THE OBLIGOR'S EMPLOYER AND ANY OTHER
SOURCE OF INCOME OF THE OBLIGOR; AND
(III) A DESCRIPTION AND THE LOCATION OF PROPERTY OF THE OBLIGOR IN
THIS STATE NOT EXEMPT FROM EXECUTION; AND
(5) EXCEPT AS OTHERWISE PROVIDED IN SECTION 580-312 OF THIS ARTICLE,
THE NAME AND ADDRESS OF THE OBLIGEE AND, IF APPLICABLE, THE PERSON TO
WHOM SUPPORT PAYMENTS ARE TO BE REMITTED.
(B) ON RECEIPT OF A REQUEST FOR REGISTRATION, THE REGISTERING TRIBUNAL
SHALL CAUSE THE ORDER TO BE FILED AS AN ORDER OF A TRIBUNAL OF ANOTHER
STATE OR A FOREIGN SUPPORT ORDER, TOGETHER WITH ONE COPY OF THE DOCU-
MENTS AND INFORMATION, REGARDLESS OF THEIR FORM.
(C) A PETITION OR COMPARABLE PLEADING SEEKING A REMEDY THAT MUST BE
AFFIRMATIVELY SOUGHT UNDER OTHER LAW OF THIS STATE MAY BE FILED AT THE
SAME TIME AS THE REQUEST FOR REGISTRATION OR LATER. THE PLEADING MUST
SPECIFY THE GROUNDS FOR THE REMEDY SOUGHT.
A. 7636--A 18
(D) IF TWO OR MORE ORDERS ARE IN EFFECT, THE PERSON REQUESTING REGIS-
TRATION SHALL:
(1) FURNISH TO THE TRIBUNAL A COPY OF EVERY SUPPORT ORDER ASSERTED TO
BE IN EFFECT IN ADDITION TO THE DOCUMENTS SPECIFIED IN THIS SECTION;
(2) SPECIFY THE ORDER ALLEGED TO BE THE CONTROLLING ORDER, IF ANY; AND
(3) SPECIFY THE AMOUNT OF CONSOLIDATED ARREARS, IF ANY.
(E) A REQUEST FOR A DETERMINATION OF WHICH IS THE CONTROLLING ORDER
MAY BE FILED SEPARATELY OR WITH A REQUEST FOR REGISTRATION AND ENFORCE-
MENT OR FOR REGISTRATION AND MODIFICATION. THE PERSON REQUESTING REGIS-
TRATION SHALL GIVE NOTICE OF THE REQUEST TO EACH PARTY WHOSE RIGHTS MAY
BE AFFECTED BY THE DETERMINATION.
S 580-603. 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 ARTICLE, A TRIBUNAL OF THIS
STATE SHALL RECOGNIZE AND ENFORCE, BUT MAY NOT MODIFY, A REGISTERED
SUPPORT ORDER IF THE ISSUING TRIBUNAL HAD JURISDICTION.
S 580-604. CHOICE OF LAW. (A) EXCEPT AS OTHERWISE PROVIDED IN SUBDI-
VISION (D) OF THIS SECTION, 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 COUN-
TRY 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
ANY, A TRIBUNAL OF THIS STATE SHALL PROSPECTIVELY APPLY THE LAW OF THE
STATE OR FOREIGN COUNTRY ISSUING THE CONTROLLING ORDER, INCLUDING ITS
LAW ON INTEREST ON ARREARS, ON CURRENT AND FUTURE SUPPORT, AND ON
CONSOLIDATED ARREARS.
SUBPART B
CONTEST OF VALIDITY OR ENFORCEMENT
SECTION 580-605. NOTICE OF REGISTRATION OF ORDER.
580-606. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGIS-
TERED SUPPORT ORDER.
580-607. CONTEST OF REGISTRATION OR ENFORCEMENT.
580-608. CONFIRMED ORDER.
S 580-605. 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 ACCOMPA-
NYING THE ORDER.
A. 7636--A 19
(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 TWENTY DAYS AFTER NOTICE
UNLESS THE REGISTERED ORDER IS UNDER SECTION 580-707 OF THIS ARTICLE;
(3) THAT FAILURE TO CONTEST THE VALIDITY OR ENFORCEMENT OF THE REGIS-
TERED 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 ARREARAGES.
(C) IF THE REGISTERING PARTY ASSERTS THAT TWO OR MORE ORDERS ARE IN
EFFECT, A NOTICE MUST ALSO:
(1) IDENTIFY THE TWO OR MORE ORDERS AND THE ORDER ALLEGED BY THE
REGISTERING PARTY TO BE THE CONTROLLING ORDER AND THE CONSOLIDATED
ARREARS, IF ANY;
(2) NOTIFY THE NONREGISTERING PARTY OF THE RIGHT TO A DETERMINATION OF
WHICH IS THE CONTROLLING ORDER;
(3) STATE THAT THE PROCEDURES PROVIDED IN SUBDIVISION (B) OF THIS
SECTION APPLY TO THE DETERMINATION OF WHICH IS THE CONTROLLING ORDER;
AND
(4) STATE THAT FAILURE TO CONTEST THE VALIDITY OR ENFORCEMENT OF THE
ORDER ALLEGED TO BE THE CONTROLLING ORDER IN A TIMELY MANNER MAY RESULT
IN CONFIRMATION THAT THE ORDER IS THE CONTROLLING ORDER.
(D) UPON REGISTRATION OF AN INCOME WITHHOLDING ORDER FOR ENFORCEMENT,
THE SUPPORT ENFORCEMENT AGENCY OR THE REGISTERING TRIBUNAL SHALL NOTIFY
THE OBLIGOR'S EMPLOYER PURSUANT TO SECTION FIVE THOUSAND TWO HUNDRED
FORTY-ONE OR FIVE THOUSAND TWO HUNDRED FORTY-TWO OF THE CIVIL PRACTICE
LAW AND RULES.
S 580-606. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGISTERED
SUPPORT ORDER. (A) A NONREGISTERING PARTY SEEKING TO CONTEST THE VALID-
ITY OR ENFORCEMENT OF A REGISTERED SUPPORT ORDER IN THIS STATE SHALL
REQUEST A HEARING WITHIN THE TIME REQUIRED BY SECTION 580-605 OF THIS
SUBPART. THE NONREGISTERING PARTY MAY SEEK TO VACATE THE REGISTRATION,
TO ASSERT ANY DEFENSE TO AN ALLEGATION OF NONCOMPLIANCE WITH THE REGIS-
TERED ORDER, OR TO CONTEST THE REMEDIES BEING SOUGHT OR THE AMOUNT OF
ANY ALLEGED ARREARAGES PURSUANT TO SECTION 580-607 OF THIS SUBPART.
(B) IF THE NONREGISTERING PARTY FAILS TO CONTEST THE VALIDITY OR
ENFORCEMENT OF THE REGISTERED SUPPORT ORDER IN A TIMELY MANNER, THE
ORDER IS CONFIRMED BY OPERATION OF LAW.
(C) IF A NONREGISTERING PARTY REQUESTS A HEARING TO CONTEST THE VALID-
ITY OR ENFORCEMENT OF THE REGISTERED SUPPORT ORDER, THE REGISTERING
TRIBUNAL SHALL SCHEDULE THE MATTER FOR HEARING AND GIVE NOTICE TO THE
PARTIES OF THE DATE, TIME, AND PLACE OF THE HEARING.
S 580-607. CONTEST OF REGISTRATION OR ENFORCEMENT. (A) A PARTY
CONTESTING THE VALIDITY OR ENFORCEMENT OF A REGISTERED SUPPORT ORDER OR
SEEKING TO VACATE THE REGISTRATION HAS THE BURDEN OF PROVING ONE OR MORE
OF THE FOLLOWING DEFENSES:
(1) THE ISSUING TRIBUNAL LACKED PERSONAL JURISDICTION OVER THE
CONTESTING PARTY;
(2) THE ORDER WAS OBTAINED BY FRAUD;
(3) THE ORDER HAS BEEN VACATED, SUSPENDED, OR MODIFIED BY A LATER
ORDER;
(4) THE ISSUING TRIBUNAL HAS STAYED THE ORDER PENDING APPEAL;
(5) THERE IS A DEFENSE UNDER THE LAW OF THIS STATE TO THE REMEDY
SOUGHT;
A. 7636--A 20
(6) FULL OR PARTIAL PAYMENT HAS BEEN MADE;
(7) THE STATUTE OF LIMITATION UNDER SECTION 580-604 OF THIS PART
PRECLUDES ENFORCEMENT OF SOME OR ALL OF THE ALLEGED ARREARAGES; OR
(8) THE ALLEGED CONTROLLING ORDER IS NOT THE CONTROLLING ORDER.
(B) IF A PARTY PRESENTS EVIDENCE ESTABLISHING A FULL OR PARTIAL
DEFENSE UNDER SUBDIVISION (A) OF THIS SECTION, A TRIBUNAL MAY STAY
ENFORCEMENT OF A REGISTERED SUPPORT ORDER, CONTINUE THE PROCEEDING TO
PERMIT PRODUCTION OF ADDITIONAL RELEVANT EVIDENCE, AND ISSUE OTHER
APPROPRIATE ORDERS. AN UNCONTESTED PORTION OF THE REGISTERED SUPPORT
ORDER MAY BE ENFORCED BY ALL REMEDIES AVAILABLE UNDER THE LAW OF THIS
STATE.
(C) IF THE CONTESTING PARTY DOES NOT ESTABLISH A DEFENSE UNDER SUBDI-
VISION (A) OF THIS SECTION TO THE VALIDITY OR ENFORCEMENT OF A REGIS-
TERED SUPPORT ORDER, THE REGISTERING TRIBUNAL SHALL ISSUE AN ORDER
CONFIRMING THE ORDER.
S 580-608. CONFIRMED ORDER. CONFIRMATION OF A REGISTERED SUPPORT
ORDER, WHETHER BY OPERATION OF LAW OR AFTER NOTICE AND HEARING,
PRECLUDES FURTHER CONTEST OF THE ORDER WITH RESPECT TO ANY MATTER THAT
COULD HAVE BEEN ASSERTED AT THE TIME OF REGISTRATION.
SUBPART C
REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER
OF ANOTHER STATE
SECTION 580-609. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF ANOTHER
STATE FOR MODIFICATION.
580-610. EFFECT OF REGISTRATION FOR MODIFICATION.
580-611. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE.
580-612. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.
580-613. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF ANOTHER
STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.
580-614. NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.
S 580-609. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF ANOTHER STATE
FOR MODIFICATION. A PARTY OR SUPPORT ENFORCEMENT AGENCY SEEKING TO MODI-
FY, OR TO MODIFY AND ENFORCE A CHILD SUPPORT ORDER ISSUED IN ANOTHER
STATE SHALL REGISTER THAT ORDER IN THIS STATE IN THE SAME MANNER
PROVIDED IN SECTIONS 580-601 THROUGH 580-608 OF THIS PART IF THE ORDER
HAS NOT BEEN REGISTERED. A PETITION FOR MODIFICATION MAY BE FILED AT THE
SAME TIME AS A REQUEST FOR REGISTRATION, OR LATER. THE PLEADING MUST
SPECIFY THE GROUNDS FOR MODIFICATION.
S 580-610. EFFECT OF REGISTRATION FOR MODIFICATION. A TRIBUNAL OF
THIS STATE MAY ENFORCE A CHILD SUPPORT ORDER OF ANOTHER STATE REGISTERED
FOR PURPOSES OF MODIFICATION, IN THE SAME MANNER AS IF THE ORDER HAD
BEEN ISSUED BY A TRIBUNAL OF THIS STATE, BUT THE REGISTERED SUPPORT
ORDER MAY BE MODIFIED ONLY IF THE REQUIREMENTS OF SECTION 580-611 OR
580-613 OF THIS SUBPART HAVE BEEN MET.
S 580-611. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE. (A)
IF SECTION 580-613 OF THIS SUBPART DOES NOT APPLY, UPON PETITION A
TRIBUNAL OF THIS STATE MAY MODIFY A CHILD SUPPORT ORDER ISSUED IN ANOTH-
ER STATE WHICH IS REGISTERED IN THIS STATE IF, AFTER NOTICE AND HEARING,
THE TRIBUNAL FINDS THAT:
(1) THE FOLLOWING REQUIREMENTS ARE MET:
(I) NEITHER THE CHILD, NOR THE OBLIGEE WHO IS AN INDIVIDUAL, NOR THE
OBLIGOR RESIDES IN THE ISSUING STATE;
(II) A PETITIONER WHO IS A NONRESIDENT OF THIS STATE SEEKS MODIFICA-
TION; AND
(III) THE RESPONDENT IS SUBJECT TO THE PERSONAL JURISDICTION OF THE
TRIBUNAL OF THIS STATE; OR
A. 7636--A 21
(2) THIS STATE IS THE RESIDENCE OF THE CHILD, OR A PARTY WHO IS AN
INDIVIDUAL IS SUBJECT TO THE PERSONAL JURISDICTION OF THE TRIBUNAL OF
THIS STATE, AND ALL OF THE PARTIES WHO ARE INDIVIDUALS HAVE FILED
CONSENTS IN A RECORD IN THE ISSUING TRIBUNAL FOR A TRIBUNAL OF THIS
STATE TO MODIFY THE SUPPORT ORDER AND ASSUME CONTINUING, EXCLUSIVE
JURISDICTION.
(B) MODIFICATION OF A REGISTERED CHILD SUPPORT ORDER IS SUBJECT TO THE
SAME REQUIREMENTS, PROCEDURES, AND DEFENSES THAT APPLY TO THE MODIFICA-
TION OF AN ORDER ISSUED BY A TRIBUNAL OF THIS STATE AND THE ORDER MAY BE
ENFORCED AND SATISFIED IN THE SAME MANNER.
(C) A TRIBUNAL OF THIS STATE MAY NOT MODIFY ANY ASPECT OF A CHILD
SUPPORT ORDER THAT MAY NOT BE MODIFIED UNDER THE LAW OF THE ISSUING
STATE, INCLUDING THE DURATION OF THE OBLIGATION OF SUPPORT. IF TWO OR
MORE TRIBUNALS HAVE ISSUED CHILD SUPPORT ORDERS FOR THE SAME OBLIGOR AND
SAME CHILD, THE ORDER THAT CONTROLS AND MUST BE SO RECOGNIZED UNDER
SECTION 580-207 OF THIS ARTICLE ESTABLISHES THE ASPECTS OF THE SUPPORT
ORDER WHICH ARE NONMODIFIABLE.
(D) IN A PROCEEDING TO MODIFY A CHILD SUPPORT ORDER, THE LAW OF THE
STATE THAT IS DETERMINED TO HAVE ISSUED THE INITIAL CONTROLLING ORDER
GOVERNS THE DURATION OF THE OBLIGATION OF SUPPORT. THE OBLIGOR'S
FULFILLMENT OF THE DUTY OF SUPPORT ESTABLISHED BY THAT ORDER PRECLUDES
IMPOSITION OF A FURTHER OBLIGATION OF SUPPORT BY A TRIBUNAL OF THIS
STATE.
(E) ON THE ISSUANCE OF AN ORDER BY A TRIBUNAL OF THIS STATE MODIFYING
A CHILD SUPPORT ORDER ISSUED IN ANOTHER STATE, THE TRIBUNAL OF THIS
STATE BECOMES THE TRIBUNAL HAVING CONTINUING, EXCLUSIVE JURISDICTION.
(F) NOTWITHSTANDING SUBDIVISIONS (A) THROUGH (E) OF THIS SECTION AND
SUBDIVISION (B) OF SECTION 580-201 OF THIS ARTICLE, A TRIBUNAL OF THIS
STATE RETAINS JURISDICTION TO MODIFY AN ORDER ISSUED BY A TRIBUNAL OF
THIS STATE IF:
(1) ONE PARTY RESIDES IN ANOTHER STATE; AND
(2) THE OTHER PARTY RESIDES OUTSIDE THE UNITED STATES.
S 580-612. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE. IF A CHILD
SUPPORT ORDER ISSUED BY A TRIBUNAL OF THIS STATE IS MODIFIED BY A TRIBU-
NAL OF ANOTHER STATE WHICH ASSUMED JURISDICTION PURSUANT TO THE UNIFORM
INTERSTATE FAMILY SUPPORT ACT, A TRIBUNAL OF THIS STATE:
(A) MAY ENFORCE ITS ORDER THAT WAS MODIFIED ONLY AS TO ARREARS AND
INTEREST ACCRUING BEFORE THE MODIFICATION;
(B) MAY PROVIDE APPROPRIATE RELIEF FOR VIOLATIONS OF ITS ORDER WHICH
OCCURRED BEFORE THE EFFECTIVE DATE OF THE MODIFICATION; AND
(C) SHALL RECOGNIZE THE MODIFYING ORDER OF THE OTHER STATE, UPON
REGISTRATION, FOR THE PURPOSE OF ENFORCEMENT.
S 580-613. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF ANOTHER STATE
WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE. (A) IF ALL OF THE PARTIES
WHO ARE INDIVIDUALS RESIDE IN THIS STATE AND THE CHILD DOES NOT RESIDE
IN THE ISSUING STATE, A TRIBUNAL OF THIS STATE HAS JURISDICTION TO
ENFORCE AND TO MODIFY THE ISSUING STATE'S CHILD SUPPORT ORDER IN A
PROCEEDING TO REGISTER THAT ORDER.
(B) A TRIBUNAL OF THIS STATE EXERCISING JURISDICTION UNDER THIS
SECTION SHALL APPLY THE PROVISIONS OF PARTS ONE AND TWO OF THIS ARTICLE,
THIS PART AND THE PROCEDURAL AND SUBSTANTIVE LAW OF THIS STATE TO THE
PROCEEDING FOR ENFORCEMENT OR MODIFICATION. PARTS THREE, FOUR, FIVE,
SEVEN AND EIGHT OF THIS ARTICLE DO NOT APPLY.
S 580-614. NOTICE TO ISSUING TRIBUNAL OF MODIFICATION. WITHIN THIRTY
DAYS AFTER ISSUANCE OF A MODIFIED CHILD SUPPORT ORDER, THE PARTY OBTAIN-
ING THE MODIFICATION SHALL FILE A CERTIFIED COPY OF THE ORDER WITH THE
A. 7636--A 22
ISSUING TRIBUNAL THAT HAD CONTINUING, EXCLUSIVE JURISDICTION OVER THE
EARLIER ORDER, AND IN EACH TRIBUNAL IN WHICH THE PARTY KNOWS THE EARLIER
ORDER HAS BEEN REGISTERED. A PARTY WHO OBTAINS THE ORDER AND FAILS TO
FILE A CERTIFIED COPY IS SUBJECT TO APPROPRIATE SANCTIONS BY A TRIBUNAL
IN WHICH THE ISSUE OF FAILURE TO FILE ARISES. THE FAILURE TO FILE DOES
NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE MODIFIED ORDER OF THE
NEW TRIBUNAL HAVING CONTINUING, EXCLUSIVE JURISDICTION.
SUBPART D
REGISTRATION AND MODIFICATION OF FOREIGN CHILD SUPPORT ORDER
SECTION 580-615. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN
COUNTRY.
580-616. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF FOREIGN
COUNTRY FOR MODIFICATION.
S 580-615. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN COUN-
TRY. (A) EXCEPT AS OTHERWISE PROVIDED IN SECTION 580-711 OF THIS ARTI-
CLE, IF A FOREIGN COUNTRY LACKS OR REFUSES TO EXERCISE JURISDICTION TO
MODIFY ITS CHILD SUPPORT ORDER PURSUANT TO ITS LAWS, A TRIBUNAL OF THIS
STATE MAY ASSUME JURISDICTION TO MODIFY THE CHILD SUPPORT ORDER AND BIND
ALL INDIVIDUALS SUBJECT TO THE PERSONAL JURISDICTION OF THE TRIBUNAL
WHETHER THE CONSENT TO MODIFICATION OF A CHILD SUPPORT ORDER OTHERWISE
REQUIRED OF THE INDIVIDUAL PURSUANT TO SECTION 580-611 OF THIS PART HAS
BEEN GIVEN OR WHETHER THE INDIVIDUAL SEEKING MODIFICATION IS A RESIDENT
OF THIS STATE OR OF THE FOREIGN COUNTRY.
(B) AN ORDER ISSUED BY A TRIBUNAL OF THIS STATE MODIFYING A FOREIGN
CHILD SUPPORT ORDER PURSUANT TO THIS SECTION IS THE CONTROLLING ORDER.
S 580-616. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF FOREIGN COUN-
TRY 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 580-601 THROUGH 580-608 OF THIS PART 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 SPECI-
FY THE GROUNDS FOR MODIFICATION.
PART 7
SUPPORT PROCEEDINGS UNDER CONVENTION
SECTION 580-701. DEFINITIONS.
580-702. APPLICABILITY.
580-703. RELATIONSHIP OF OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE TO UNITED STATES CENTRAL AUTHORITY.
580-704. INITIATION BY STATE SUPPORT ENFORCEMENT AGENCIES OF
SUPPORT PROCEEDING UNDER CONVENTION.
580-705. DIRECT REQUEST.
580-706. REGISTRATION OF CONVENTION SUPPORT ORDER.
580-707. CONTEST OF REGISTERED CONVENTION SUPPORT ORDER.
580-708. RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION
SUPPORT ORDER.
580-709. PARTIAL ENFORCEMENT.
580-710. FOREIGN SUPPORT AGREEMENT.
580-711. MODIFICATION OF CONVENTION CHILD SUPPORT ORDER.
580-712. PERSONAL INFORMATION; LIMIT ON USE.
580-713. RECORD IN ORIGINAL LANGUAGE; ENGLISH TRANSLATION.
S 580-701. DEFINITIONS. IN THIS PART:
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.
A. 7636--A 23
2. "CENTRAL AUTHORITY" MEANS THE ENTITY DESIGNATED BY THE UNITED
STATES OR A FOREIGN COUNTRY DESCRIBED IN PARAGRAPH (IV) OF SUBDIVISION
FIVE OF SECTION 580-102 OF THIS ARTICLE TO PERFORM THE FUNCTIONS SPECI-
FIED IN THE CONVENTION.
3. "CONVENTION SUPPORT ORDER" MEANS A SUPPORT ORDER OF A TRIBUNAL OF A
FOREIGN COUNTRY DESCRIBED IN PARAGRAPH (IV) OF SUBDIVISION FIVE OF
SECTION 580-102 OF THIS ARTICLE.
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 PARAGRAPH (IV) OF SUBDIVISION FIVE OF
SECTION 580-102 OF THIS ARTICLE TO PERFORM THE FUNCTIONS SPECIFIED IN
THE CONVENTION.
6. "FOREIGN SUPPORT AGREEMENT":
(I) MEANS AN AGREEMENT FOR SUPPORT IN A RECORD THAT:
(A) IS ENFORCEABLE AS A SUPPORT ORDER IN THE COUNTRY OF ORIGIN;
(B) HAS BEEN:
(A) FORMALLY DRAWN UP OR REGISTERED AS AN AUTHENTIC INSTRUMENT BY A
FOREIGN TRIBUNAL; OR
(B) AUTHENTICATED BY, OR CONCLUDED, REGISTERED OR FILED WITH A FOREIGN
TRIBUNAL; AND
(C) MAY BE REVIEWED AND MODIFIED BY A FOREIGN TRIBUNAL; AND
(II) INCLUDES A MAINTENANCE ARRANGEMENT OR AUTHENTIC INSTRUMENT UNDER
THE CONVENTION.
7. "UNITED STATES CENTRAL AUTHORITY" MEANS THE SECRETARY OF THE UNITED
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
S 580-702. APPLICABILITY. THIS PART APPLIES ONLY TO A SUPPORT
PROCEEDING UNDER THE CONVENTION. IN SUCH A PROCEEDING, IF A PROVISION OF
THIS PART IS INCONSISTENT WITH PARTS ONE THROUGH SIX OF THIS ARTICLE,
THIS PART CONTROLS.
S 580-703. RELATIONSHIP OF OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE TO UNITED STATES CENTRAL AUTHORITY. THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE IS RECOGNIZED AS THE AGENCY DESIGNATED BY THE
UNITED STATES CENTRAL AUTHORITY TO PERFORM SPECIFIC FUNCTIONS UNDER THE
CONVENTION; PROVIDED, HOWEVER, THAT A SOCIAL SERVICES DISTRICT OF THIS
STATE MAY PERFORM ANY FUNCTION AUTHORIZED UNDER STATE LAW.
S 580-704. INITIATION BY STATE SUPPORT ENFORCEMENT AGENCIES OF SUPPORT
PROCEEDING UNDER CONVENTION. (A) IN A SUPPORT PROCEEDING UNDER THIS
PART, THE SUPPORT ENFORCEMENT AGENCIES OF THIS STATE 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 PARAGRAPH TWO, FOUR OR NINE OF SUBDIVI-
SION (B) OF SECTION 580-708 OF THIS PART;
(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 COUNTRY.
A. 7636--A 24
(C) THE FOLLOWING SUPPORT PROCEEDINGS ARE AVAILABLE UNDER THE CONVEN-
TION TO AN OBLIGOR AGAINST WHICH THERE IS AN EXISTING SUPPORT ORDER:
(1) RECOGNITION OF AN ORDER SUSPENDING OR LIMITING ENFORCEMENT OF AN
EXISTING SUPPORT ORDER OF A TRIBUNAL OF THIS STATE;
(2) MODIFICATION OF A SUPPORT ORDER OF A TRIBUNAL OF THIS STATE; AND
(3) MODIFICATION OF A SUPPORT ORDER OF A TRIBUNAL OF ANOTHER STATE OR
A FOREIGN COUNTRY.
(D) A TRIBUNAL OF THIS STATE MAY NOT REQUIRE SECURITY, BOND OR DEPOS-
IT, HOWEVER DESCRIBED, TO GUARANTEE THE PAYMENT OF COSTS AND EXPENSES IN
PROCEEDINGS UNDER THE CONVENTION.
S 580-705. DIRECT REQUEST. (A) A PETITIONER MAY FILE A DIRECT REQUEST
SEEKING ESTABLISHMENT OR MODIFICATION OF A SUPPORT ORDER OR DETERMI-
NATION 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 580-706 THROUGH 580-713 OF THIS PART APPLY.
(C) IN A DIRECT REQUEST FOR RECOGNITION AND ENFORCEMENT OF A CONVEN-
TION 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 STATE CHILD SUPPORT AGENCIES.
(E) THIS PART DOES NOT PREVENT THE APPLICATION OF LAWS OF THIS STATE
THAT PROVIDE SIMPLIFIED, MORE EXPEDITIOUS RULES REGARDING A DIRECT
REQUEST FOR RECOGNITION AND ENFORCEMENT OF A FOREIGN SUPPORT ORDER OR
FOREIGN SUPPORT AGREEMENT.
S 580-706. REGISTRATION OF CONVENTION SUPPORT ORDER. (A) EXCEPT AS
OTHERWISE PROVIDED IN THIS PART, 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 PART SIX OF
THIS ARTICLE.
(B) NOTWITHSTANDING SECTION 580-311 AND SUBDIVISION (A) OF SECTION
580-602 OF THIS ARTICLE, 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 NOTICE OF THE
SUPPORT ORDER AND AN OPPORTUNITY TO BE HEARD IN A CHALLENGE OR APPEAL ON
FACT OR LAW BEFORE A TRIBUNAL;
(4) A RECORD SHOWING THE AMOUNT OF ARREARS, IF ANY, AND THE DATE THE
AMOUNT WAS CALCULATED;
(5) A RECORD SHOWING A REQUIREMENT FOR AUTOMATIC ADJUSTMENT OF THE
AMOUNT OF SUPPORT, IF ANY, AND THE INFORMATION NECESSARY TO MAKE THE
APPROPRIATE CALCULATIONS; AND
A. 7636--A 25
(6) IF NECESSARY, A RECORD SHOWING THE EXTENT TO WHICH THE APPLICANT
RECEIVED FREE LEGAL ASSISTANCE IN THE ISSUING COUNTRY.
(C) A REQUEST FOR REGISTRATION OF A CONVENTION SUPPORT ORDER MAY SEEK
RECOGNITION AND PARTIAL ENFORCEMENT OF THE ORDER.
(D) A TRIBUNAL OF THIS STATE MAY VACATE THE REGISTRATION OF A CONVEN-
TION SUPPORT ORDER WITHOUT THE FILING OF A CONTEST UNDER SECTION 580-707
OF THIS PART ONLY IF, ACTING ON ITS OWN MOTION, THE TRIBUNAL FINDS THAT
RECOGNITION AND ENFORCEMENT OF THE ORDER WOULD BE MANIFESTLY INCOMPAT-
IBLE WITH PUBLIC POLICY.
(E) THE TRIBUNAL SHALL PROMPTLY NOTIFY THE PARTIES OF THE REGISTRATION
OR THE ORDER VACATING THE REGISTRATION OF A CONVENTION SUPPORT ORDER.
S 580-707. CONTEST OF REGISTERED CONVENTION SUPPORT ORDER. (A) EXCEPT
AS OTHERWISE PROVIDED IN THIS PART, SECTIONS 580-605 THROUGH 580-608 OF
THIS ARTICLE 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 THIRTY DAYS AFTER NOTICE OF THE REGISTRA-
TION, BUT IF THE CONTESTING PARTY DOES NOT RESIDE IN THE UNITED STATES,
THE CONTEST MUST BE FILED NOT LATER THAN SIXTY DAYS AFTER NOTICE OF THE
REGISTRATION.
(C) IF THE NONREGISTERING PARTY FAILS TO CONTEST THE REGISTERED
CONVENTION SUPPORT ORDER BY THE TIME SPECIFIED IN SUBDIVISION (B) OF
THIS SECTION, THE ORDER IS ENFORCEABLE.
(D) A CONTEST OF A REGISTERED CONVENTION SUPPORT ORDER MAY BE BASED
ONLY ON GROUNDS SET FORTH IN SECTION 580-708 OF THIS PART. THE CONTEST-
ING 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; AND
(2) MAY NOT REVIEW THE MERITS OF THE ORDER.
(F) A TRIBUNAL OF THIS STATE DECIDING A CONTEST OF A REGISTERED
CONVENTION SUPPORT ORDER SHALL PROMPTLY NOTIFY THE PARTIES OF ITS DECI-
SION.
(G) A CHALLENGE OR APPEAL, IF ANY, DOES NOT STAY THE ENFORCEMENT OF A
CONVENTION SUPPORT ORDER UNLESS THERE ARE EXCEPTIONAL CIRCUMSTANCES.
S 580-708. RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION
SUPPORT ORDER. (A) EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION (B) OF
THIS SECTION, 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 INCOMPAT-
IBLE 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 580-201 OF THIS ARTICLE;
(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 580-706 OF THIS
PART LACKS AUTHENTICITY OR INTEGRITY;
A. 7636--A 26
(6) A PROCEEDING BETWEEN THE SAME PARTIES AND HAVING THE SAME PURPOSE
IS PENDING BEFORE A TRIBUNAL OF THIS STATE AND THAT PROCEEDING WAS THE
FIRST TO BE FILED;
(7) THE ORDER IS INCOMPATIBLE WITH A MORE RECENT SUPPORT ORDER INVOLV-
ING THE SAME PARTIES AND HAVING THE SAME PURPOSE IF THE MORE RECENT
SUPPORT ORDER IS ENTITLED TO RECOGNITION AND ENFORCEMENT UNDER THIS
ARTICLE IN THIS STATE;
(8) PAYMENT, TO THE EXTENT ALLEGED ARREARS HAVE BEEN PAID IN WHOLE OR
IN PART;
(9) IN A CASE IN WHICH THE RESPONDENT NEITHER APPEARED NOR WAS REPRES-
ENTED IN THE PROCEEDING IN THE ISSUING FOREIGN COUNTRY:
(I) IF THE LAW OF THAT COUNTRY PROVIDES FOR PRIOR NOTICE OF
PROCEEDINGS, THE RESPONDENT DID NOT HAVE PROPER NOTICE OF THE
PROCEEDINGS AND AN OPPORTUNITY TO BE HEARD; OR
(II) IF THE LAW OF THAT COUNTRY DOES NOT PROVIDE FOR PRIOR NOTICE OF
THE PROCEEDINGS, THE RESPONDENT DID NOT HAVE PROPER NOTICE OF THE ORDER
AND AN OPPORTUNITY TO BE HEARD IN A CHALLENGE OR APPEAL ON FACT OR LAW
BEFORE A TRIBUNAL; OR
(10) THE ORDER WAS MADE IN VIOLATION OF SECTION 580-711 OF THIS PART.
(C) IF A TRIBUNAL OF THIS STATE DOES NOT RECOGNIZE A CONVENTION
SUPPORT ORDER UNDER PARAGRAPH TWO, FOUR OR NINE OF SUBDIVISION (B) OF
THIS SECTION:
(1) THE TRIBUNAL MAY NOT DISMISS THE PROCEEDING WITHOUT ALLOWING A
REASONABLE TIME FOR A PARTY TO REQUEST THE ESTABLISHMENT OF A NEW
CONVENTION SUPPORT ORDER; AND
(2) THE STATE CHILD SUPPORT AGENCY SHALL TAKE ALL APPROPRIATE MEASURES
TO REQUEST A CHILD SUPPORT ORDER FOR THE OBLIGEE IF THE APPLICATION FOR
RECOGNITION AND ENFORCEMENT WAS RECEIVED UNDER SECTION 580-704 OF THIS
PART.
S 580-709. 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.
S 580-710. FOREIGN SUPPORT AGREEMENT. (A) EXCEPT AS OTHERWISE
PROVIDED IN SUBDIVISIONS (C) AND (D) OF THIS SECTION, 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 INCOM-
PATIBLE WITH PUBLIC POLICY;
(2) THE AGREEMENT WAS OBTAINED BY FRAUD OR FALSIFICATION;
(3) THE AGREEMENT IS INCOMPATIBLE WITH A SUPPORT ORDER INVOLVING THE
SAME PARTIES AND HAVING THE SAME PURPOSE IN THIS STATE, ANOTHER STATE,
A. 7636--A 27
OR A FOREIGN COUNTRY IF THE SUPPORT ORDER IS ENTITLED TO RECOGNITION AND
ENFORCEMENT UNDER THIS ARTICLE IN THIS STATE; OR
(4) THE RECORD SUBMITTED UNDER SUBDIVISION (B) OF THIS SECTION LACKS
AUTHENTICITY OR INTEGRITY.
(E) A PROCEEDING FOR RECOGNITION AND ENFORCEMENT OF A FOREIGN SUPPORT
AGREEMENT MUST BE SUSPENDED DURING THE PENDENCY OF A CHALLENGE TO OR
APPEAL OF THE AGREEMENT BEFORE A TRIBUNAL OF ANOTHER STATE OR A FOREIGN
COUNTRY.
S 580-711. MODIFICATION OF CONVENTION CHILD SUPPORT ORDER. (A) A
TRIBUNAL OF THIS STATE MAY NOT MODIFY A CONVENTION CHILD SUPPORT ORDER
IF THE OBLIGEE REMAINS A RESIDENT OF THE FOREIGN COUNTRY WHERE THE
SUPPORT ORDER WAS ISSUED UNLESS:
(1) THE OBLIGEE SUBMITS TO THE JURISDICTION OF A TRIBUNAL OF THIS
STATE, EITHER EXPRESSLY OR BY DEFENDING ON THE MERITS OF THE CASE WITH-
OUT OBJECTING TO THE JURISDICTION AT THE FIRST AVAILABLE OPPORTUNITY; OR
(2) THE FOREIGN TRIBUNAL LACKS OR REFUSES TO EXERCISE JURISDICTION TO
MODIFY ITS SUPPORT ORDER OR ISSUE A NEW SUPPORT ORDER.
(B) IF A TRIBUNAL OF THIS STATE DOES NOT MODIFY A CONVENTION CHILD
SUPPORT ORDER BECAUSE THE ORDER IS NOT RECOGNIZED IN THIS STATE, SUBDI-
VISION (C) OF SECTION 580-708 OF THIS PART APPLIES.
S 580-712. PERSONAL INFORMATION; LIMIT ON USE. PERSONAL INFORMATION
GATHERED OR TRANSMITTED UNDER THIS PART MAY BE USED ONLY FOR THE
PURPOSES FOR WHICH IT WAS GATHERED OR TRANSMITTED.
S 580-713. RECORD IN ORIGINAL LANGUAGE; ENGLISH TRANSLATION. A RECORD
FILED WITH A TRIBUNAL OF THIS STATE UNDER THIS PART MUST BE IN THE
ORIGINAL LANGUAGE AND, IF NOT IN ENGLISH, MUST BE ACCOMPANIED BY AN
ENGLISH TRANSLATION.
PART 8
INTERSTATE RENDITION
SECTION 580-801. GROUNDS FOR RENDITION.
580-802. CONDITIONS OF RENDITION.
S 580-801. GROUNDS FOR RENDITION. (A) FOR PURPOSES OF THIS PART,
"GOVERNOR" INCLUDES AN INDIVIDUAL PERFORMING THE FUNCTIONS OF GOVERNOR
OR THE EXECUTIVE AUTHORITY OF A STATE COVERED BY THIS ARTICLE.
(B) THE GOVERNOR OF THIS STATE MAY:
(1) DEMAND THAT THE GOVERNOR OF ANOTHER STATE SURRENDER AN INDIVIDUAL
FOUND IN THE OTHER STATE WHO IS CHARGED CRIMINALLY IN THIS STATE WITH
HAVING FAILED TO PROVIDE FOR THE SUPPORT OF AN OBLIGEE; OR
(2) ON THE DEMAND OF THE GOVERNOR OF ANOTHER STATE, SURRENDER AN INDI-
VIDUAL FOUND IN THIS STATE WHO IS CHARGED CRIMINALLY IN THE OTHER STATE
WITH HAVING FAILED TO PROVIDE FOR THE SUPPORT OF AN OBLIGEE.
(C) A PROVISION FOR EXTRADITION OF INDIVIDUALS NOT INCONSISTENT WITH
THIS ARTICLE APPLIES TO THE DEMAND EVEN IF THE INDIVIDUAL WHOSE SURREN-
DER IS DEMANDED WAS NOT IN THE DEMANDING STATE WHEN THE CRIME WAS
ALLEGEDLY COMMITTED AND HAS NOT FLED THEREFROM.
S 580-802. CONDITIONS OF RENDITION. (A) BEFORE MAKING A DEMAND THAT
THE GOVERNOR OF ANOTHER STATE SURRENDER AN INDIVIDUAL CHARGED CRIMINALLY
IN THIS STATE WITH HAVING FAILED TO PROVIDE FOR THE SUPPORT OF AN OBLI-
GEE, THE GOVERNOR OF THIS STATE MAY REQUIRE A PROSECUTOR OF THIS STATE
TO DEMONSTRATE THAT AT LEAST SIXTY DAYS PREVIOUSLY THE OBLIGEE HAD
INITIATED PROCEEDINGS FOR SUPPORT PURSUANT TO THIS ARTICLE OR THAT THE
PROCEEDING WOULD BE OF NO AVAIL.
(B) IF, UNDER THIS ARTICLE OR A LAW SUBSTANTIALLY SIMILAR TO THIS
ARTICLE, THE GOVERNOR OF ANOTHER STATE MAKES A DEMAND THAT THE GOVERNOR
OF THIS STATE SURRENDER AN INDIVIDUAL CHARGED CRIMINALLY IN THAT STATE
WITH HAVING FAILED TO PROVIDE FOR THE SUPPORT OF A CHILD OR OTHER INDI-
A. 7636--A 28
VIDUAL TO WHOM A DUTY OF SUPPORT IS OWED, THE GOVERNOR MAY REQUIRE A
PROSECUTOR TO INVESTIGATE THE DEMAND AND REPORT WHETHER A PROCEEDING FOR
SUPPORT HAS BEEN INITIATED OR WOULD BE EFFECTIVE. IF IT APPEARS THAT A
PROCEEDING WOULD BE EFFECTIVE BUT HAS NOT BEEN INITIATED, THE GOVERNOR
MAY DELAY HONORING THE DEMAND FOR A REASONABLE TIME TO PERMIT THE INITI-
ATION OF A PROCEEDING.
(C) IF A PROCEEDING FOR SUPPORT HAS BEEN INITIATED AND THE INDIVIDUAL
WHOSE RENDITION IS DEMANDED PREVAILS, THE GOVERNOR MAY DECLINE TO HONOR
THE DEMAND. IF THE PETITIONER PREVAILS AND THE INDIVIDUAL WHOSE RENDI-
TION IS DEMANDED IS SUBJECT TO A SUPPORT ORDER, THE GOVERNOR MAY DECLINE
TO HONOR THE DEMAND IF THE INDIVIDUAL IS COMPLYING WITH THE SUPPORT
ORDER.
PART 9
MISCELLANEOUS PROVISIONS
SECTION 580-901. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
580-902. SEVERABILITY.
S 580-901. UNIFORMITY OF APPLICATION AND CONSTRUCTION. IN APPLYING
AND CONSTRUING THIS UNIFORM ACT, CONSIDERATION MUST BE GIVEN TO THE NEED
TO PROMOTE UNIFORMITY OF THE LAW WITH RESPECT TO ITS SUBJECT MATTER
AMONG STATES THAT ENACT IT.
S 580-902. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR ITS
APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDI-
TY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE
WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION,
AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERABLE.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law; provided that section two of this act shall take
effect January 1, 2016; provided, however, that if this act shall have
become a law after January 1, 2016, it shall take effect immediately and
shall be deemed to have been in full force and effect on and after Janu-
ary 1, 2016; and provided further, that the provisions of article 5-B of
the family court act, as added by section two of this act, shall apply
to any action or proceeding filed or order issued on or before the
effective date of such article.
2015-A7636B (ACTIVE) - Details
- See Senate Version of this Bill:
- S5685
- Law Section:
- Social Services Law
- Laws Affected:
- Amd §111-i, Soc Serv L; rpld & add Art 5-B, Fam Ct Act
2015-A7636B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7636--B
2015-2016 Regular Sessions
I N A S S E M B L Y
May 20, 2015
___________
Introduced by M. of A. WEINSTEIN -- (at request of the Office of Tempo-
rary and Disability Assistance) -- read once and referred to the
Committee on Judiciary -- reported and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported and referred to
the Committee on Rules -- Rules Committee discharged, bill amended,
ordered reprinted as amended and recommitted to the Committee on Rules
AN ACT to amend the social services law, in relation to the effective
date of adjustments to the combined parental income amount; to amend
the family court act, in relation to adopting the 2008 changes to the
uniform interstate family support act; and to repeal article 5-B of
the family court act relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 2 of section 111-i of the
social services law, as amended by chapter 466 of the laws of 2014, is
amended to read as follows:
(b) The combined parental income amount to be reported in the child
support standards chart and utilized in calculating orders of child
support in accordance with subparagraph two of paragraph (c) of subdivi-
sion one of section four hundred thirteen of the family court act and
subparagraph two of paragraph (c) of subdivision one-b of section two
hundred forty of the domestic relations law as of January thirty-first,
two thousand fourteen shall be one hundred forty-one thousand dollars;
provided, however, beginning [January thirty-first] MARCH FIRST, two
thousand sixteen and every two years thereafter, the combined parental
income amount shall increase by the sum of the average annual percentage
changes in the consumer price index for all urban consumers (CPI-U) as
published by the United States department of labor bureau of labor
statistics for the prior two years multiplied by the current combined
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09632-07-5
A. 7636--B 2
parental income amount and then rounded to the nearest one thousand
dollars.
S 2. Article 5-B of the family court act is REPEALED and a new article
5-B is added to read as follows:
ARTICLE 5-B
UNIFORM INTERSTATE FAMILY SUPPORT ACT
PART 1. GENERAL PROVISIONS.
2. JURISDICTION.
3. CIVIL PROVISIONS OF GENERAL APPLICATION.
4. ESTABLISHMENT OF SUPPORT ORDER OR DETERMINATION OF PARENTAGE.
5. ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION.
6. REGISTRATION, ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER.
7. SUPPORT PROCEEDING UNDER CONVENTION.
8. INTERSTATE RENDITION.
9. MISCELLANEOUS PROVISIONS.
PART 1
GENERAL PROVISIONS
SECTION 580-101. SHORT TITLE.
580-102. DEFINITIONS.
580-103. STATE TRIBUNAL AND SUPPORT ENFORCEMENT AGENCY.
580-104. REMEDIES CUMULATIVE.
580-105. APPLICATION OF ARTICLE TO RESIDENT OF FOREIGN COUNTRY
AND FOREIGN SUPPORT PROCEEDING.
S 580-101. SHORT TITLE. THIS ARTICLE MAY BE CITED AS THE "UNIFORM
INTERSTATE FAMILY SUPPORT ACT" OR "UIFSA".
S 580-102. DEFINITIONS. IN THIS ARTICLE:
(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 INDI-
VIDUAL'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 ISSU-
ING 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 TWENTY-THIRD, TWO THOUSAND SEVEN.
(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 SUBDIVI-
SION THEREOF, OTHER THAN THE UNITED STATES, THAT AUTHORIZES THE ISSUANCE
OF SUPPORT ORDERS AND:
(I) WHICH HAS BEEN DECLARED UNDER THE LAW OF THE UNITED STATES TO BE A
FOREIGN RECIPROCATING COUNTRY;
(II) WHICH HAS ESTABLISHED A RECIPROCAL ARRANGEMENT FOR CHILD SUPPORT
WITH THIS STATE AS PROVIDED IN SECTION 580-308 OF THIS ARTICLE;
(III) WHICH HAS ENACTED A LAW OR ESTABLISHED PROCEDURES FOR THE ISSU-
ANCE AND ENFORCEMENT OF SUPPORT ORDERS WHICH ARE SUBSTANTIALLY SIMILAR
TO THE PROCEDURES UNDER THIS ARTICLE; OR
(IV) IN WHICH THE CONVENTION IS IN FORCE WITH RESPECT TO THE UNITED
STATES.
(6) "FOREIGN SUPPORT ORDER" MEANS A SUPPORT ORDER OF A FOREIGN TRIBU-
NAL.
(7) "FOREIGN TRIBUNAL" MEANS A COURT, ADMINISTRATIVE AGENCY OR QUASI-
JUDICIAL ENTITY OF A FOREIGN COUNTRY WHICH IS AUTHORIZED TO ESTABLISH,
A. 7636--B 3
ENFORCE OR MODIFY SUPPORT ORDERS, OR TO DETERMINE PARENTAGE OF A CHILD.
THE TERM INCLUDES A COMPETENT AUTHORITY UNDER THE CONVENTION.
(8) "HOME STATE" MEANS THE STATE OR FOREIGN COUNTRY IN WHICH A CHILD
LIVED WITH A PARENT OR A PERSON ACTING AS PARENT FOR AT LEAST SIX
CONSECUTIVE MONTHS IMMEDIATELY PRECEDING THE TIME OF FILING OF A PETI-
TION OR COMPARABLE PLEADING FOR SUPPORT AND, IF A CHILD IS LESS THAN SIX
MONTHS OLD, THE STATE OR FOREIGN COUNTRY IN WHICH THE CHILD LIVED FROM
BIRTH WITH ANY OF THEM. A PERIOD OF TEMPORARY ABSENCE OF ANY OF THEM IS
COUNTED AS PART OF THE SIX-MONTH OR OTHER PERIOD.
(9) "INCOME" INCLUDES EARNINGS OR OTHER PERIODIC ENTITLEMENTS TO MONEY
FROM ANY SOURCE AND ANY OTHER PROPERTY SUBJECT TO WITHHOLDING FOR
SUPPORT AS DEFINED BY SECTION FIVE THOUSAND TWO HUNDRED FORTY-ONE OF THE
CIVIL PRACTICE LAW AND RULES.
(10) "INCOME WITHHOLDING ORDER" MEANS AN ORDER OR OTHER LEGAL PROCESS
DIRECTED TO AN OBLIGOR'S EMPLOYER, AN INCOME PAYOR AS DEFINED BY SECTION
FIVE THOUSAND TWO HUNDRED FORTY-ONE OR FIVE THOUSAND TWO HUNDRED FORTY-
TWO OF THE CIVIL PRACTICE LAW AND RULES, OR OTHER DEBTOR TO WITHHOLD
SUPPORT FROM THE INCOME OF THE OBLIGOR.
(11) "INITIATING TRIBUNAL" MEANS THE TRIBUNAL OF A STATE OR FOREIGN
COUNTRY FROM WHICH A PETITION OR COMPARABLE PLEADING IS FORWARDED OR IN
WHICH A PETITION OR COMPARABLE PLEADING IS FILED FOR FORWARDING TO
ANOTHER STATE OR FOREIGN COUNTRY.
(12) "ISSUING FOREIGN COUNTRY" MEANS THE FOREIGN COUNTRY IN WHICH A
TRIBUNAL ISSUES A SUPPORT ORDER OR A JUDGMENT DETERMINING PARENTAGE OF A
CHILD.
(13) "ISSUING STATE" MEANS THE STATE IN WHICH A TRIBUNAL ISSUES A
SUPPORT ORDER OR A JUDGMENT DETERMINING PARENTAGE OF A CHILD.
(14) "ISSUING TRIBUNAL" MEANS THE TRIBUNAL OF A STATE OR FOREIGN COUN-
TRY THAT ISSUES A SUPPORT ORDER OR A JUDGMENT DETERMINING PARENTAGE OF A
CHILD.
(15) "LAW" INCLUDES DECISIONAL AND STATUTORY LAW AND RULES AND REGU-
LATIONS HAVING THE FORCE OF LAW.
(16) "OBLIGEE" MEANS:
(I) AN INDIVIDUAL TO WHOM A DUTY OF SUPPORT IS OR IS ALLEGED TO BE
OWED OR IN WHOSE FAVOR A SUPPORT ORDER OR A JUDGMENT DETERMINING PARENT-
AGE OF A CHILD HAS BEEN ISSUED;
(II) A FOREIGN COUNTRY, STATE OR POLITICAL SUBDIVISION OF A STATE TO
WHICH THE RIGHTS UNDER A DUTY OF SUPPORT OR SUPPORT ORDER HAVE BEEN
ASSIGNED OR WHICH HAS INDEPENDENT CLAIMS BASED ON FINANCIAL ASSISTANCE
PROVIDED TO AN INDIVIDUAL OBLIGEE IN PLACE OF CHILD SUPPORT;
(III) AN INDIVIDUAL SEEKING A JUDGMENT DETERMINING PARENTAGE OF THE
INDIVIDUAL'S CHILD; OR
(IV) A PERSON THAT IS A CREDITOR IN A PROCEEDING UNDER PART SEVEN OF
THIS ARTICLE.
(17) "OBLIGOR" MEANS AN INDIVIDUAL, OR THE ESTATE OF A DECEDENT THAT:
(I) OWES OR IS ALLEGED TO OWE A DUTY OF SUPPORT;
(II) IS ALLEGED BUT HAS NOT BEEN ADJUDICATED TO BE A PARENT OF A
CHILD;
(III) IS LIABLE UNDER A SUPPORT ORDER; OR
(IV) IS A DEBTOR IN A PROCEEDING UNDER PART SEVEN OF THIS ARTICLE.
(18) "OUTSIDE THIS STATE" MEANS A LOCATION IN ANOTHER STATE OR A COUN-
TRY OTHER THAN THE UNITED STATES, WHETHER OR NOT THE COUNTRY IS A
FOREIGN COUNTRY.
(19) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST,
ESTATE, TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION,
JOINT VENTURE, PUBLIC CORPORATION, GOVERNMENT OR GOVERNMENTAL SUBDIVI-
A. 7636--B 4
SION, AGENCY OR INSTRUMENTALITY, OR ANY OTHER LEGAL OR COMMERCIAL ENTI-
TY.
(20) "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
PERCEIVABLE FORM.
(21) "REGISTER" MEANS TO FILE IN A TRIBUNAL OF THIS STATE A SUPPORT
ORDER OR JUDGMENT DETERMINING PARENTAGE OF A CHILD ISSUED IN ANOTHER
STATE OR A FOREIGN COUNTRY.
(22) "REGISTERING TRIBUNAL" MEANS A TRIBUNAL IN WHICH A SUPPORT ORDER
OR JUDGMENT DETERMINING PARENTAGE OF A CHILD IS REGISTERED.
(23) "RESPONDING STATE" MEANS A STATE IN WHICH A PETITION OR COMPARA-
BLE PLEADING FOR SUPPORT OR TO DETERMINE PARENTAGE OF A CHILD IS FILED
OR TO WHICH A PETITION OR COMPARABLE PLEADING IS FORWARDED FOR FILING
FROM ANOTHER STATE OR A FOREIGN COUNTRY.
(24) "RESPONDING TRIBUNAL" MEANS THE AUTHORIZED TRIBUNAL IN A RESPOND-
ING STATE OR FOREIGN COUNTRY.
(25) "SPOUSAL-SUPPORT ORDER" MEANS A SUPPORT ORDER FOR A SPOUSE OR
FORMER SPOUSE OF THE OBLIGOR.
(26) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF
COLUMBIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITO-
RY OR INSULAR POSSESSION UNDER THE JURISDICTION OF THE UNITED STATES.
THE TERM INCLUDES AN INDIAN NATION OR TRIBE.
(27) "SUPPORT ENFORCEMENT AGENCY" MEANS A PUBLIC OFFICIAL, GOVERN-
MENTAL ENTITY OR PRIVATE AGENCY AUTHORIZED TO:
(I) SEEK ENFORCEMENT OF SUPPORT ORDERS OR LAWS RELATING TO THE DUTY OF
SUPPORT;
(II) SEEK ESTABLISHMENT OR MODIFICATION OF CHILD SUPPORT;
(III) REQUEST DETERMINATION OF PARENTAGE OF A CHILD;
(IV) ATTEMPT TO LOCATE OBLIGORS OR THEIR ASSETS; OR
(V) REQUEST DETERMINATION OF THE CONTROLLING CHILD SUPPORT ORDER.
(28) "SUPPORT ORDER" MEANS A JUDGMENT, DECREE, ORDER, DECISION OR
DIRECTIVE, WHETHER TEMPORARY, FINAL OR SUBJECT TO MODIFICATION, ISSUED
IN A STATE OR FOREIGN COUNTRY FOR THE BENEFIT OF A CHILD, A SPOUSE OR A
FORMER SPOUSE, WHICH PROVIDES FOR MONETARY SUPPORT, HEALTH CARE, ARREAR-
AGES, RETROACTIVE SUPPORT OR REIMBURSEMENT FOR FINANCIAL ASSISTANCE
PROVIDED TO AN INDIVIDUAL OBLIGEE IN PLACE OF CHILD SUPPORT. THE TERM
MAY INCLUDE RELATED COSTS AND FEES, INTEREST, INCOME WITHHOLDING, AUTO-
MATIC ADJUSTMENT, REASONABLE ATTORNEY'S FEES AND OTHER RELIEF.
(29) "TRIBUNAL" MEANS A COURT, ADMINISTRATIVE AGENCY, OR QUASI-JUDI-
CIAL ENTITY AUTHORIZED TO ESTABLISH, ENFORCE, OR MODIFY SUPPORT ORDERS
OR TO DETERMINE PARENTAGE OF A CHILD.
S 580-103. STATE TRIBUNAL AND STATE SUPPORT ENFORCEMENT AGENCIES. (A)
THE FAMILY COURT IS THE TRIBUNAL OF THIS STATE.
(B) THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND/OR A SOCIAL
SERVICES DISTRICT AS DEFINED IN SUBDIVISION SEVEN OF SECTION TWO OF THE
SOCIAL SERVICES LAW ARE THE SUPPORT ENFORCEMENT AGENCIES OF THIS STATE.
S 580-104. REMEDIES CUMULATIVE. (A) REMEDIES PROVIDED BY THIS ARTICLE
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 ARTICLE 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 ARTICLE.
A. 7636--B 5
S 580-105. APPLICATION OF THE ARTICLE TO A RESIDENT OF A FOREIGN COUN-
TRY AND FOREIGN SUPPORT PROCEEDINGS. (A) A TRIBUNAL OF THIS STATE SHALL
APPLY PARTS ONE THROUGH SIX OF THIS ARTICLE AND, AS APPLICABLE, PART
SEVEN OF THIS ARTICLE, 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 PARTS ONE THROUGH SIX OF THIS ARTICLE.
(C) PART SEVEN OF THIS ARTICLE APPLIES ONLY TO A SUPPORT PROCEEDING
UNDER THE CONVENTION. IN SUCH A PROCEEDING, IF A PROVISION OF PART
SEVEN OF THIS ARTICLE IS INCONSISTENT WITH PARTS ONE THROUGH SIX OF THIS
ARTICLE, PART SEVEN OF THIS ARTICLE CONTROLS.
PART 2
JURISDICTION
SECTION 580-201. BASES FOR JURISDICTION OVER NONRESIDENT.
580-202. DURATION OF PERSONAL JURISDICTION.
580-203. INITIATING AND RESPONDING TRIBUNAL OF STATE.
580-204. SIMULTANEOUS PROCEEDINGS.
580-205. CONTINUING EXCLUSIVE JURISDICTION TO MODIFY CHILD
SUPPORT ORDER.
580-206. CONTINUING JURISDICTION TO ENFORCE CHILD SUPPORT ORDER.
580-207. DETERMINATION OF CONTROLLING CHILD SUPPORT ORDER.
580-208. CHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES.
580-209. CREDIT FOR PAYMENTS.
580-210. APPLICATION OF ARTICLE TO NONRESIDENT SUBJECT TO
PERSONAL JURISDICTION.
580-211. CONTINUING EXCLUSIVE JURISDICTION TO MODIFY
SPOUSAL-SUPPORT ORDER.
S 580-201. BASES FOR JURISDICTION OVER NONRESIDENT. (A) IN A PROCEED-
ING TO ESTABLISH OR ENFORCE A SUPPORT ORDER OR TO DETERMINE PARENTAGE OF
A CHILD, A TRIBUNAL OF THIS STATE MAY EXERCISE PERSONAL JURISDICTION
OVER A NONRESIDENT INDIVIDUAL OR THE INDIVIDUAL'S GUARDIAN OR CONSERVA-
TOR IF:
(1) THE INDIVIDUAL IS PERSONALLY SERVED WITH A SUMMONS AND PETITION
WITHIN THIS STATE;
(2) THE INDIVIDUAL SUBMITS TO THE JURISDICTION OF THIS STATE BY
CONSENT, BY ENTERING A GENERAL APPEARANCE, OR BY FILING A RESPONSIVE
DOCUMENT OR OTHER ACTION HAVING THE EFFECT OF WAIVING ANY CONTEST TO
PERSONAL JURISDICTION;
(3) THE INDIVIDUAL RESIDED WITH THE CHILD IN THIS STATE;
(4) THE INDIVIDUAL RESIDED IN THIS STATE AND PROVIDED PRENATAL
EXPENSES OR SUPPORT FOR THE CHILD;
(5) THE CHILD RESIDES IN THIS STATE AS A RESULT OF THE ACTS OR DIREC-
TIVES OF THE INDIVIDUAL;
(6) THE INDIVIDUAL ENGAGED IN SEXUAL INTERCOURSE IN THIS STATE AND THE
CHILD MAY HAVE BEEN CONCEIVED BY THAT ACT OF INTERCOURSE;
(7) THE INDIVIDUAL ASSERTED PARENTAGE OF A CHILD IN THE PUTATIVE
FATHER REGISTRY MAINTAINED IN THIS STATE BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES; OR
(8) THERE IS ANY OTHER BASIS CONSISTENT WITH THE CONSTITUTIONS OF THIS
STATE AND THE UNITED STATES FOR THE EXERCISE OF PERSONAL JURISDICTION.
(B) THE BASES OF PERSONAL JURISDICTION SET FORTH IN SUBDIVISION (A) OF
THIS SECTION OR IN ANY OTHER LAW OF THIS STATE MAY NOT BE USED TO
ACQUIRE PERSONAL JURISDICTION FOR A TRIBUNAL OF THIS STATE TO MODIFY A
A. 7636--B 6
CHILD SUPPORT ORDER OF ANOTHER STATE UNLESS THE REQUIREMENTS OF SECTION
580-611 OF THIS ARTICLE ARE MET, OR, IN THE CASE OF A FOREIGN SUPPORT
ORDER, UNLESS THE REQUIREMENTS OF SECTION 580-615 OF THIS ARTICLE ARE
MET.
S 580-202. DURATION OF PERSONAL JURISDICTION. PERSONAL JURISDICTION
ACQUIRED BY A TRIBUNAL OF THIS STATE IN A PROCEEDING UNDER THIS ARTICLE
OR OTHER LAW OF THIS STATE RELATING TO A SUPPORT ORDER CONTINUES AS LONG
AS A TRIBUNAL OF THIS STATE HAS CONTINUING, EXCLUSIVE JURISDICTION TO
MODIFY ITS ORDER OR CONTINUING JURISDICTION TO ENFORCE ITS ORDER AS
PROVIDED BY SECTIONS 580-205, 580-206 AND 580-211 OF THIS PART.
S 580-203. INITIATING AND RESPONDING TRIBUNAL OF STATE. UNDER THIS
ARTICLE, A TRIBUNAL OF THIS STATE MAY SERVE AS AN INITIATING TRIBUNAL TO
FORWARD PROCEEDINGS TO A TRIBUNAL OF ANOTHER STATE, AND AS A RESPONDING
TRIBUNAL FOR PROCEEDINGS INITIATED IN ANOTHER STATE OR A FOREIGN COUN-
TRY.
S 580-204. SIMULTANEOUS PROCEEDINGS. (A) A TRIBUNAL OF THIS STATE MAY
EXERCISE JURISDICTION TO ESTABLISH A SUPPORT ORDER IF THE PETITION OR
COMPARABLE PLEADING IS FILED AFTER A PLEADING IS FILED IN ANOTHER STATE
OR A FOREIGN COUNTRY ONLY IF:
(1) THE PETITION OR COMPARABLE PLEADING IN THIS STATE IS FILED BEFORE
THE EXPIRATION OF THE TIME ALLOWED IN THE OTHER STATE OR THE FOREIGN
COUNTRY FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE OF
JURISDICTION BY THE OTHER STATE OR THE FOREIGN COUNTRY;
(2) THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF JURISDIC-
TION IN THE OTHER STATE OR THE FOREIGN COUNTRY; AND
(3) IF RELEVANT, THIS STATE IS THE HOME STATE OF THE CHILD.
(B) A TRIBUNAL OF THIS STATE MAY NOT EXERCISE JURISDICTION TO ESTAB-
LISH A SUPPORT ORDER IF THE PETITION OR COMPARABLE PLEADING IS FILED
BEFORE A PETITION OR COMPARABLE PLEADING IS FILED IN ANOTHER STATE OR A
FOREIGN COUNTRY IF:
(1) THE PETITION OR COMPARABLE PLEADING IN THE OTHER STATE OR FOREIGN
COUNTRY IS FILED BEFORE THE EXPIRATION OF THE TIME ALLOWED IN THIS STATE
FOR FILING A RESPONSIVE PLEADING CHALLENGING THE EXERCISE OF JURISDIC-
TION BY THIS STATE;
(2) THE CONTESTING PARTY TIMELY CHALLENGES THE EXERCISE OF JURISDIC-
TION IN THIS STATE; AND
(3) IF RELEVANT, THE OTHER STATE OR FOREIGN COUNTRY IS THE HOME STATE
OF THE CHILD.
S 580-205. 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 INDI-
VIDUAL OBLIGEE OR THE CHILD FOR WHOSE BENEFIT THE SUPPORT ORDER IS
ISSUED, THE PARTIES CONSENT IN A RECORD OR IN OPEN COURT THAT THE TRIBU-
NAL 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 PARTIES WHO ARE INDIVIDUALS FILE CONSENT IN A RECORD
WITH THE TRIBUNAL OF THIS STATE THAT A TRIBUNAL OF ANOTHER STATE THAT
A. 7636--B 7
HAS JURISDICTION OVER AT LEAST ONE OF THE PARTIES WHO IS AN INDIVIDUAL
OR THAT IS LOCATED IN THE STATE OF RESIDENCE OF THE CHILD MAY MODIFY THE
ORDER AND ASSUME CONTINUING, EXCLUSIVE JURISDICTION; OR
(2) ITS ORDER IS NOT THE CONTROLLING ORDER.
(C) IF A TRIBUNAL OF ANOTHER STATE HAS ISSUED A CHILD SUPPORT ORDER
PURSUANT TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT OR A LAW SUBSTAN-
TIALLY SIMILAR TO THAT ACT WHICH MODIFIES A CHILD SUPPORT ORDER OF A
TRIBUNAL OF THIS STATE, TRIBUNALS OF THIS STATE SHALL RECOGNIZE THE
CONTINUING, EXCLUSIVE JURISDICTION OF THE TRIBUNAL OF THE OTHER STATE.
(D) A TRIBUNAL OF THIS STATE THAT LACKS CONTINUING, EXCLUSIVE JURIS-
DICTION TO MODIFY A CHILD SUPPORT ORDER MAY SERVE AS AN INITIATING
TRIBUNAL TO REQUEST A TRIBUNAL OF ANOTHER STATE TO MODIFY A SUPPORT
ORDER ISSUED IN THAT STATE.
(E) A TEMPORARY SUPPORT ORDER ISSUED EX PARTE OR PENDING RESOLUTION OF
A JURISDICTIONAL CONFLICT DOES NOT CREATE CONTINUING, EXCLUSIVE JURIS-
DICTION IN THE ISSUING TRIBUNAL.
S 580-206. CONTINUING JURISDICTION TO ENFORCE CHILD SUPPORT ORDER.
(A) A TRIBUNAL OF THIS STATE THAT HAS ISSUED A CHILD SUPPORT ORDER
CONSISTENT WITH THE LAW OF THIS STATE MAY SERVE AS AN INITIATING TRIBU-
NAL TO REQUEST A TRIBUNAL OF ANOTHER STATE TO ENFORCE:
(1) THE ORDER IF THE ORDER IS THE CONTROLLING ORDER AND HAS NOT BEEN
MODIFIED BY A TRIBUNAL OF ANOTHER STATE THAT ASSUMED JURISDICTION PURSU-
ANT TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT; OR
(2) A MONEY JUDGMENT FOR ARREARS OF SUPPORT AND INTEREST ON THE ORDER
ACCRUED BEFORE A DETERMINATION THAT AN ORDER OF A TRIBUNAL OF ANOTHER
STATE IS THE CONTROLLING ORDER.
(B) A TRIBUNAL OF THIS STATE HAVING CONTINUING JURISDICTION OVER A
SUPPORT ORDER MAY ACT AS A RESPONDING TRIBUNAL TO ENFORCE THE ORDER.
S 580-207. DETERMINATION OF CONTROLLING CHILD SUPPORT ORDER. (A) IF A
PROCEEDING IS BROUGHT UNDER THIS ARTICLE 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 ARTICLE, AND TWO OR MORE
CHILD SUPPORT ORDERS HAVE BEEN ISSUED BY TRIBUNALS OF THIS STATE, ANOTH-
ER 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 ARTICLE, THE ORDER OF THAT TRIBUNAL CONTROLS.
(2) IF MORE THAN ONE OF THE TRIBUNALS WOULD HAVE CONTINUING, EXCLUSIVE
JURISDICTION UNDER THIS ARTICLE:
(I) AN ORDER ISSUED BY A TRIBUNAL IN THE CURRENT HOME STATE OF THE
CHILD CONTROLS; OR
(II) IF AN ORDER HAS NOT BEEN ISSUED IN THE CURRENT HOME STATE OF THE
CHILD, THE ORDER MOST RECENTLY ISSUED CONTROLS.
(3) IF NONE OF THE TRIBUNALS WOULD HAVE CONTINUING, EXCLUSIVE JURIS-
DICTION UNDER THIS ARTICLE, THE TRIBUNAL OF THIS STATE SHALL ISSUE A
CHILD SUPPORT ORDER, WHICH CONTROLS.
(C) IF TWO OR MORE CHILD SUPPORT ORDERS HAVE BEEN ISSUED FOR THE SAME
OBLIGOR AND SAME CHILD, UPON REQUEST OF A PARTY WHO IS AN INDIVIDUAL OR
THAT IS A SUPPORT ENFORCEMENT AGENCY, A TRIBUNAL OF THIS STATE HAVING
PERSONAL JURISDICTION OVER BOTH THE OBLIGOR AND THE OBLIGEE WHO IS AN
INDIVIDUAL SHALL DETERMINE WHICH ORDER CONTROLS UNDER SUBDIVISION (B) OF
THIS SECTION. THE REQUEST MAY BE FILED WITH A REGISTRATION FOR ENFORCE-
A. 7636--B 8
MENT OR REGISTRATION FOR MODIFICATION PURSUANT TO PART SIX OF THIS ARTI-
CLE, OR MAY BE FILED AS A SEPARATE PROCEEDING.
(D) A REQUEST TO DETERMINE WHICH IS THE CONTROLLING ORDER MUST BE
ACCOMPANIED BY A COPY OF EVERY CHILD SUPPORT ORDER IN EFFECT AND THE
APPLICABLE RECORD OF PAYMENTS. THE REQUESTING PARTY SHALL GIVE NOTICE OF
THE REQUEST TO EACH PARTY WHOSE RIGHTS MAY BE AFFECTED BY THE DETERMI-
NATION.
(E) THE TRIBUNAL THAT ISSUED THE CONTROLLING ORDER UNDER SUBDIVISION
(A), (B) OR (C) OF THIS SECTION HAS CONTINUING JURISDICTION TO THE
EXTENT PROVIDED IN SECTION 580-205 OR 580-206 OF THIS PART.
(F) A TRIBUNAL OF THIS STATE THAT DETERMINES BY ORDER WHICH IS THE
CONTROLLING ORDER UNDER PARAGRAPH ONE OR TWO OF SUBDIVISION (B) OR
SUBDIVISION (C) OF THIS SECTION, OR THAT ISSUES A NEW CONTROLLING ORDER
UNDER PARAGRAPH THREE OF SUBDIVISION (B) OF THIS SECTION, SHALL STATE IN
THAT ORDER:
(1) THE BASIS UPON WHICH THE TRIBUNAL MADE ITS DETERMINATION;
(2) THE AMOUNT OF PROSPECTIVE SUPPORT, IF ANY; AND
(3) THE TOTAL AMOUNT OF CONSOLIDATED ARREARS AND ACCRUED INTEREST, IF
ANY, UNDER ALL OF THE ORDERS AFTER ALL PAYMENTS MADE ARE CREDITED AS
PROVIDED BY SECTION 580-209 OF THIS PART.
(G) WITHIN THIRTY DAYS AFTER ISSUANCE OF AN ORDER DETERMINING WHICH IS
THE CONTROLLING ORDER, THE PARTY OBTAINING THE ORDER SHALL FILE A CERTI-
FIED COPY OF IT IN EACH TRIBUNAL THAT ISSUED OR REGISTERED AN EARLIER
ORDER OF CHILD SUPPORT. A PARTY OR SUPPORT ENFORCEMENT AGENCY OBTAINING
THE ORDER THAT FAILS TO FILE A CERTIFIED COPY IS SUBJECT TO APPROPRIATE
SANCTIONS BY A TRIBUNAL IN WHICH THE ISSUE OF FAILURE TO FILE ARISES.
THE FAILURE TO FILE DOES NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF
THE CONTROLLING ORDER.
(H) AN ORDER THAT HAS BEEN DETERMINED TO BE THE CONTROLLING ORDER, OR
A JUDGMENT FOR CONSOLIDATED ARREARS OF SUPPORT AND INTEREST, IF ANY,
MADE PURSUANT TO THIS SECTION MUST BE RECOGNIZED IN PROCEEDINGS UNDER
THIS ARTICLE.
S 580-208. CHILD SUPPORT ORDERS FOR TWO OR MORE OBLIGEES. IN RESPOND-
ING TO REGISTRATIONS OR PETITIONS FOR ENFORCEMENT OF TWO OR MORE CHILD
SUPPORT ORDERS IN EFFECT AT THE SAME TIME WITH REGARD TO THE SAME OBLI-
GOR AND DIFFERENT INDIVIDUAL OBLIGEES, AT LEAST ONE OF WHICH WAS ISSUED
BY A TRIBUNAL OF ANOTHER STATE OR A FOREIGN COUNTRY, A TRIBUNAL OF THIS
STATE SHALL ENFORCE THOSE ORDERS IN THE SAME MANNER AS IF THE ORDERS HAD
BEEN ISSUED BY A TRIBUNAL OF THIS STATE.
S 580-209. CREDIT FOR PAYMENTS. A TRIBUNAL OF THIS STATE SHALL CREDIT
AMOUNTS COLLECTED FOR A PARTICULAR PERIOD PURSUANT TO ANY CHILD SUPPORT
ORDER AGAINST THE AMOUNTS OWED FOR THE SAME PERIOD UNDER ANY OTHER CHILD
SUPPORT ORDER FOR SUPPORT OF THE SAME CHILD ISSUED BY A TRIBUNAL OF THIS
STATE, ANOTHER STATE, OR A FOREIGN COUNTRY.
S 580-210. APPLICATION OF ARTICLE TO NONRESIDENT SUBJECT TO PERSONAL
JURISDICTION. A TRIBUNAL OF THIS STATE EXERCISING PERSONAL JURISDICTION
OVER A NONRESIDENT IN A PROCEEDING UNDER THIS ARTICLE, UNDER OTHER LAW
OF THIS STATE RELATING TO A SUPPORT ORDER, OR RECOGNIZING A FOREIGN
SUPPORT ORDER MAY RECEIVE EVIDENCE FROM OUTSIDE THIS STATE PURSUANT TO
SECTION 580-316 OF THIS ARTICLE, COMMUNICATE WITH A TRIBUNAL OUTSIDE
THIS STATE PURSUANT TO SECTION 580-317 OF THIS ARTICLE AND OBTAIN
DISCOVERY THROUGH A TRIBUNAL OUTSIDE THIS STATE PURSUANT TO SECTION
580-318 OF THIS ARTICLE. IN ALL OTHER RESPECTS, PARTS THREE THROUGH SIX
OF THIS ARTICLE DO NOT APPLY, AND THE TRIBUNAL SHALL APPLY THE PROCE-
DURAL AND SUBSTANTIVE LAW OF THIS STATE.
A. 7636--B 9
S 580-211. CONTINUING EXCLUSIVE JURISDICTION TO MODIFY SPOUSAL-SUPPORT
ORDER. (A) A TRIBUNAL OF THIS STATE ISSUING A SPOUSAL-SUPPORT ORDER
CONSISTENT WITH THE LAW OF THIS STATE HAS CONTINUING, EXCLUSIVE JURIS-
DICTION TO MODIFY THE SPOUSAL-SUPPORT ORDER THROUGHOUT THE EXISTENCE OF
THE SUPPORT OBLIGATION.
(B) A TRIBUNAL OF THIS STATE MAY NOT MODIFY A SPOUSAL-SUPPORT ORDER
ISSUED BY A TRIBUNAL OF ANOTHER STATE OR A FOREIGN COUNTRY HAVING
CONTINUING, EXCLUSIVE JURISDICTION OVER THAT ORDER UNDER THE LAW OF THAT
STATE OR FOREIGN COUNTRY.
(C) A TRIBUNAL OF THIS STATE THAT HAS CONTINUING, EXCLUSIVE JURISDIC-
TION OVER A SPOUSAL-SUPPORT ORDER MAY SERVE AS:
(1) AN INITIATING TRIBUNAL TO REQUEST A TRIBUNAL OF ANOTHER STATE TO
ENFORCE THE SPOUSAL-SUPPORT ORDER ISSUED IN THIS STATE; OR
(2) A RESPONDING TRIBUNAL TO ENFORCE OR MODIFY ITS OWN SPOUSAL-SUPPORT
ORDER.
PART 3
CIVIL PROVISIONS OF GENERAL APPLICATION
SECTION 580-301. PROCEEDINGS UNDER ARTICLE.
580-302. ACTION BY MINOR PARENT.
580-303. APPLICATION OF LAW OF STATE.
580-304. DUTIES OF INITIATING TRIBUNAL.
580-305. DUTIES AND POWERS OF RESPONDING TRIBUNAL.
580-306. INAPPROPRIATE TRIBUNAL.
580-307. DUTIES OF SUPPORT ENFORCEMENT AGENCY.
580-308. DUTY OF CERTAIN STATE OFFICIALS.
580-309. PRIVATE COUNSEL.
580-310. DUTIES OF STATE INFORMATION AGENCY.
580-311. PLEADINGS AND ACCOMPANYING DOCUMENTS.
580-312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUM-
STANCES.
580-313. COSTS AND FEES.
580-314. LIMITED IMMUNITY OF PETITIONER.
580-315. NONPARENTAGE AS A DEFENSE.
580-316. SPECIAL RULES OF EVIDENCE AND PROCEDURE.
580-317. COMMUNICATIONS BETWEEN TRIBUNALS.
580-318. ASSISTANCE WITH DISCOVERY.
580-319. RECEIPT AND DISBURSEMENT OF PAYMENTS.
S 580-301. PROCEEDINGS UNDER ARTICLE. (A) EXCEPT AS OTHERWISE PROVIDED
IN THIS ARTICLE, THIS PART APPLIES TO ALL PROCEEDINGS UNDER THIS ARTI-
CLE.
(B) AN INDIVIDUAL PETITIONER OR A SUPPORT ENFORCEMENT AGENCY MAY
INITIATE A PROCEEDING AUTHORIZED UNDER THIS ARTICLE BY FILING A PETITION
IN AN INITIATING TRIBUNAL FOR FORWARDING TO A RESPONDING TRIBUNAL OR BY
FILING A PETITION OR A COMPARABLE PLEADING DIRECTLY IN A TRIBUNAL OF
ANOTHER STATE OR A FOREIGN COUNTRY WHICH HAS OR CAN OBTAIN PERSONAL
JURISDICTION OVER THE RESPONDENT.
S 580-302. PROCEEDING BY A MINOR PARENT. A MINOR PARENT, OR A GUARDI-
AN OR OTHER LEGAL REPRESENTATIVE OF A MINOR PARENT, MAY MAINTAIN A
PROCEEDING ON BEHALF OF OR FOR THE BENEFIT OF THE MINOR'S CHILD.
S 580-303. APPLICATION OF LAW OF STATE. EXCEPT AS OTHERWISE PROVIDED
IN THIS ARTICLE, A RESPONDING TRIBUNAL OF THIS STATE SHALL:
1. APPLY THE PROCEDURAL AND SUBSTANTIVE LAW GENERALLY APPLICABLE TO
SIMILAR PROCEEDINGS ORIGINATING IN THIS STATE AND MAY EXERCISE ALL
POWERS AND PROVIDE ALL REMEDIES AVAILABLE IN THOSE PROCEEDINGS; AND
2. DETERMINE THE DUTY OF SUPPORT AND THE AMOUNT PAYABLE IN ACCORDANCE
WITH THE LAW AND SUPPORT GUIDELINES OF THIS STATE.
A. 7636--B 10
S 580-304. DUTIES OF INITIATING TRIBUNAL. (A) UPON THE FILING OF A
PETITION AUTHORIZED BY THIS ARTICLE, AN INITIATING TRIBUNAL OF THIS
STATE SHALL FORWARD THE PETITION AND ITS ACCOMPANYING DOCUMENTS:
(1) TO THE RESPONDING TRIBUNAL OR APPROPRIATE SUPPORT ENFORCEMENT
AGENCY IN THE RESPONDING STATE; OR
(2) IF THE IDENTITY OF THE RESPONDING TRIBUNAL IS UNKNOWN, TO THE
STATE INFORMATION AGENCY OF THE RESPONDING STATE WITH A REQUEST THAT
THEY BE FORWARDED TO THE APPROPRIATE TRIBUNAL AND THAT RECEIPT BE
ACKNOWLEDGED.
(B) IF REQUESTED BY THE RESPONDING TRIBUNAL, A TRIBUNAL OF THIS STATE
SHALL ISSUE A CERTIFICATE OR OTHER DOCUMENT AND MAKE FINDINGS REQUIRED
BY THE LAW OF THE RESPONDING STATE. IF THE RESPONDING TRIBUNAL IS IN A
FOREIGN COUNTRY, UPON REQUEST THE TRIBUNAL OF THIS STATE SHALL SPECIFY
THE AMOUNT OF SUPPORT SOUGHT, CONVERT THAT AMOUNT INTO THE EQUIVALENT
AMOUNT IN THE FOREIGN CURRENCY UNDER APPLICABLE OFFICIAL OR MARKET
EXCHANGE RATE AS PUBLICLY REPORTED, AND PROVIDE ANY OTHER DOCUMENTS
NECESSARY TO SATISFY THE REQUIREMENTS OF THE RESPONDING FOREIGN TRIBU-
NAL.
S 580-305. 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 SUBDIVISION
(B) OF SECTION 580-301 OF THIS PART, 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;
(8) ORDER AN OBLIGOR TO KEEP THE TRIBUNAL INFORMED OF THE OBLIGOR'S
CURRENT RESIDENTIAL ADDRESS, ELECTRONIC-MAIL ADDRESS, TELEPHONE NUMBER,
EMPLOYER, ADDRESS OF EMPLOYMENT AND TELEPHONE NUMBER AT THE PLACE OF
EMPLOYMENT;
(9) ISSUE A WARRANT FOR AN OBLIGOR WHO HAS FAILED AFTER PROPER NOTICE
TO APPEAR AT A HEARING ORDERED BY THE TRIBUNAL AND ENTER THE WARRANT IN
ANY LOCAL AND STATE COMPUTER SYSTEMS FOR CRIMINAL WARRANTS;
(10) ORDER THE OBLIGOR TO SEEK APPROPRIATE EMPLOYMENT BY SPECIFIED
METHODS;
(11) AWARD REASONABLE ATTORNEY'S FEES AND OTHER FEES AND COSTS; AND
(12) GRANT ANY OTHER AVAILABLE REMEDY.
(C) A RESPONDING TRIBUNAL OF THIS STATE SHALL INCLUDE IN A SUPPORT
ORDER ISSUED UNDER THIS ARTICLE, OR IN THE DOCUMENTS ACCOMPANYING THE
ORDER, THE CALCULATIONS ON WHICH THE SUPPORT ORDER IS BASED.
(D) A RESPONDING TRIBUNAL OF THIS STATE MAY NOT CONDITION THE PAYMENT
OF A SUPPORT ORDER ISSUED UNDER THIS ARTICLE UPON COMPLIANCE BY A PARTY
WITH PROVISIONS FOR VISITATION.
A. 7636--B 11
(E) IF A RESPONDING TRIBUNAL OF THIS STATE ISSUES AN ORDER UNDER THIS
ARTICLE, THE TRIBUNAL SHALL SEND A COPY OF THE ORDER TO THE PETITIONER
AND THE RESPONDENT AND TO THE INITIATING TRIBUNAL, IF ANY.
(F) IF REQUESTED TO ENFORCE A SUPPORT ORDER, ARREARS, OR JUDGMENT OR
MODIFY A SUPPORT ORDER STATED IN A FOREIGN CURRENCY, A RESPONDING TRIBU-
NAL OF THIS STATE SHALL CONVERT THE AMOUNT STATED IN THE FOREIGN CURREN-
CY TO THE EQUIVALENT AMOUNT IN DOLLARS UNDER THE APPLICABLE OFFICIAL OR
MARKET EXCHANGE RATE AS PUBLICLY REPORTED.
S 580-306. INAPPROPRIATE TRIBUNAL. IF A PETITION OR COMPARABLE PLEAD-
ING IS RECEIVED BY AN INAPPROPRIATE TRIBUNAL OF THIS STATE, THE TRIBUNAL
SHALL FORWARD THE PLEADING AND ACCOMPANYING DOCUMENTS TO AN APPROPRIATE
TRIBUNAL OF THIS STATE OR ANOTHER STATE AND NOTIFY THE PETITIONER WHERE
AND WHEN THE PLEADING WAS SENT.
S 580-307. 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 ARTICLE.
(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 TEN DAYS, EXCLUSIVE OF SATURDAYS, SUNDAYS AND LEGAL HOLI-
DAYS, 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 TEN DAYS, EXCLUSIVE OF SATURDAYS, SUNDAYS AND LEGAL HOLI-
DAYS, AFTER RECEIPT OF COMMUNICATION IN A RECORD FROM THE RESPONDENT OR
THE RESPONDENT'S ATTORNEY, SEND A COPY OF THE COMMUNICATION TO THE PETI-
TIONER; AND
(6) NOTIFY THE PETITIONER IF JURISDICTION OVER THE RESPONDENT CANNOT
BE OBTAINED.
(C) A SUPPORT ENFORCEMENT AGENCY OF THIS STATE THAT REQUESTS REGISTRA-
TION OF A CHILD SUPPORT ORDER IN THIS STATE FOR ENFORCEMENT OR FOR
MODIFICATION SHALL MAKE REASONABLE EFFORTS:
(1) TO ENSURE THAT THE ORDER TO BE REGISTERED IS THE CONTROLLING
ORDER; OR
(2) IF TWO OR MORE CHILD SUPPORT ORDERS EXIST AND THE IDENTITY OF THE
CONTROLLING ORDER HAS NOT BEEN DETERMINED, TO ENSURE THAT A REQUEST FOR
SUCH A DETERMINATION IS MADE IN A TRIBUNAL HAVING JURISDICTION TO DO SO.
(D) A SUPPORT ENFORCEMENT AGENCY OF THIS STATE THAT REQUESTS REGISTRA-
TION AND ENFORCEMENT OF A SUPPORT ORDER, ARREARS OR JUDGMENT STATED IN A
FOREIGN CURRENCY SHALL CONVERT THE AMOUNTS STATED IN THE FOREIGN CURREN-
CY INTO THE EQUIVALENT AMOUNTS IN DOLLARS UNDER THE APPLICABLE OFFICIAL
OR MARKET EXCHANGE RATE AS PUBLICLY REPORTED.
(E) A SUPPORT ENFORCEMENT AGENCY OF THIS STATE SHALL ISSUE OR REQUEST
A TRIBUNAL OF THIS STATE TO ISSUE A CHILD SUPPORT ORDER AND AN INCOME
WITHHOLDING ORDER THAT REDIRECT PAYMENT OF CURRENT SUPPORT, ARREARS, AND
INTEREST IF REQUESTED TO DO SO BY A SUPPORT ENFORCEMENT AGENCY OF ANOTH-
ER STATE PURSUANT TO SECTION 580-319 OF THIS PART.
(F) THIS ARTICLE DOES NOT CREATE OR NEGATE A RELATIONSHIP OF ATTORNEY
AND CLIENT OR OTHER FIDUCIARY RELATIONSHIP BETWEEN A SUPPORT ENFORCEMENT
AGENCY OR THE ATTORNEY FOR THE AGENCY AND THE INDIVIDUAL BEING ASSISTED
BY THE AGENCY.
A. 7636--B 12
S 580-308. DUTY OF CERTAIN STATE OFFICIALS. (A) IF THE ATTORNEY
GENERAL DETERMINES THAT THE SUPPORT ENFORCEMENT AGENCY IS NEGLECTING OR
REFUSING TO PROVIDE SERVICES TO AN INDIVIDUAL, THE ATTORNEY GENERAL MAY
ORDER THE AGENCY TO PERFORM ITS DUTIES UNDER THIS ARTICLE OR MAY PROVIDE
THOSE SERVICES DIRECTLY TO THE INDIVIDUAL.
(B) THE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE MAY DETER-
MINE THAT A FOREIGN COUNTRY HAS ESTABLISHED A RECIPROCAL ARRANGEMENT FOR
CHILD SUPPORT WITH THIS STATE AND TAKE APPROPRIATE ACTION FOR NOTIFICA-
TION OF THE DETERMINATION.
S 580-309. PRIVATE COUNSEL. AN INDIVIDUAL MAY EMPLOY PRIVATE COUNSEL
TO REPRESENT THE INDIVIDUAL IN PROCEEDINGS AUTHORIZED BY THIS ARTICLE.
S 580-310. DUTIES OF STATE INFORMATION AGENCY. (A) THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE IS THE STATE INFORMATION AGENCY
UNDER THIS ARTICLE.
(B) THE STATE INFORMATION AGENCY SHALL:
(1) COMPILE AND MAINTAIN A CURRENT LIST, INCLUDING ADDRESSES, OF THE
TRIBUNALS IN THIS STATE WHICH HAVE JURISDICTION UNDER THIS ARTICLE AND
ANY SUPPORT ENFORCEMENT AGENCIES IN THIS STATE AND TRANSMIT A COPY TO
THE STATE INFORMATION AGENCY OF EVERY OTHER STATE;
(2) MAINTAIN A REGISTER OF NAMES AND ADDRESSES OF TRIBUNALS AND
SUPPORT ENFORCEMENT AGENCIES RECEIVED FROM OTHER STATES;
(3) FORWARD TO THE APPROPRIATE TRIBUNAL IN THE COUNTY IN THIS STATE IN
WHICH THE OBLIGEE WHO IS AN INDIVIDUAL OR THE OBLIGOR RESIDES, OR IN
WHICH THE OBLIGOR'S PROPERTY IS BELIEVED TO BE LOCATED, ALL DOCUMENTS
CONCERNING A PROCEEDING UNDER THIS ARTICLE RECEIVED FROM ANOTHER STATE
OR A FOREIGN COUNTRY; AND
(4) OBTAIN INFORMATION CONCERNING THE LOCATION OF THE OBLIGOR AND THE
OBLIGOR'S PROPERTY WITHIN THIS STATE NOT EXEMPT FROM EXECUTION, BY SUCH
MEANS AS POSTAL VERIFICATION AND FEDERAL OR STATE LOCATOR SERVICES,
EXAMINATION OF TELEPHONE DIRECTORIES, REQUESTS FOR THE OBLIGOR'S ADDRESS
FROM EMPLOYERS AND EXAMINATION OF GOVERNMENTAL RECORDS, INCLUDING, TO
THE EXTENT NOT PROHIBITED BY OTHER LAW, THOSE RELATING TO REAL PROPERTY,
VITAL STATISTICS, LAW ENFORCEMENT, TAXATION, MOTOR VEHICLES, DRIVER'S
LICENSES AND SOCIAL SECURITY.
S 580-311. PLEADINGS AND ACCOMPANYING DOCUMENTS. (A) IN A PROCEEDING
UNDER THIS ARTICLE, A PETITIONER SEEKING TO ESTABLISH A SUPPORT ORDER,
TO DETERMINE PARENTAGE OF A CHILD OR TO REGISTER AND MODIFY A SUPPORT
ORDER OF A TRIBUNAL OF ANOTHER STATE OR A FOREIGN COUNTRY MUST FILE A
PETITION. UNLESS OTHERWISE ORDERED UNDER SECTION 580-312 OF THIS PART,
THE PETITION OR ACCOMPANYING DOCUMENTS MUST PROVIDE, SO FAR AS KNOWN,
THE NAME, RESIDENTIAL ADDRESS AND SOCIAL SECURITY NUMBERS OF THE OBLIGOR
AND THE OBLIGEE OR THE PARENT AND ALLEGED PARENT, AND THE NAME, SEX,
RESIDENTIAL ADDRESS, SOCIAL SECURITY NUMBER AND DATE OF BIRTH OF EACH
CHILD FOR WHOSE BENEFIT SUPPORT IS SOUGHT OR WHOSE PARENTAGE IS TO BE
DETERMINED. UNLESS FILED AT THE TIME OF REGISTRATION, THE PETITION MUST
BE ACCOMPANIED BY A COPY OF ANY SUPPORT ORDER KNOWN TO HAVE BEEN ISSUED
BY ANOTHER TRIBUNAL. THE PETITION MAY INCLUDE ANY OTHER INFORMATION THAT
MAY ASSIST IN LOCATING OR IDENTIFYING THE RESPONDENT.
(B) THE PETITION MUST SPECIFY THE RELIEF SOUGHT. THE PETITION AND
ACCOMPANYING DOCUMENTS MUST CONFORM SUBSTANTIALLY WITH THE REQUIREMENTS
IMPOSED BY THE FORMS MANDATED BY FEDERAL LAW FOR USE IN CASES FILED BY A
SUPPORT ENFORCEMENT AGENCY.
S 580-312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES.
IF A PARTY ALLEGES IN AN AFFIDAVIT OR A PLEADING UNDER OATH THAT THE
HEALTH, SAFETY OR LIBERTY OF A PARTY OR CHILD WOULD BE JEOPARDIZED BY
DISCLOSURE OF SPECIFIC IDENTIFYING INFORMATION, THAT INFORMATION MUST BE
A. 7636--B 13
SEALED AND MAY NOT BE DISCLOSED TO THE OTHER PARTY OR THE PUBLIC. AFTER
A HEARING IN WHICH A TRIBUNAL TAKES INTO CONSIDERATION THE HEALTH, SAFE-
TY OR LIBERTY OF THE PARTY OR CHILD, THE TRIBUNAL MAY ORDER DISCLOSURE
OF INFORMATION THAT THE TRIBUNAL DETERMINES TO BE IN THE INTEREST OF
JUSTICE.
S 580-313. COSTS AND FEES. (A) THE PETITIONER MAY NOT BE REQUIRED TO
PAY A FILING FEE OR OTHER COSTS.
(B) IF AN OBLIGEE PREVAILS, A RESPONDING TRIBUNAL OF THIS STATE MAY
ASSESS AGAINST AN OBLIGOR FILING FEES, REASONABLE ATTORNEY'S FEES, OTHER
COSTS, AND NECESSARY TRAVEL AND OTHER REASONABLE EXPENSES INCURRED BY
THE OBLIGEE AND THE OBLIGEE'S WITNESSES. THE TRIBUNAL MAY NOT ASSESS
FEES, COSTS OR EXPENSES AGAINST THE OBLIGEE OR THE SUPPORT ENFORCEMENT
AGENCY OF EITHER THE INITIATING OR RESPONDING STATE OR FOREIGN COUNTRY,
EXCEPT AS PROVIDED BY OTHER LAW. ATTORNEY'S FEES MAY BE TAXED AS COSTS,
AND MAY BE ORDERED PAID DIRECTLY TO THE ATTORNEY, WHO MAY ENFORCE THE
ORDER IN THE ATTORNEY'S OWN NAME. PAYMENT OF SUPPORT OWED TO THE OBLIGEE
HAS PRIORITY OVER FEES, COSTS, AND EXPENSES.
(C) THE TRIBUNAL SHALL ORDER THE PAYMENT OF COSTS AND REASONABLE
ATTORNEY'S FEES IF IT DETERMINES THAT A HEARING WAS REQUESTED PRIMARILY
FOR DELAY. IN A PROCEEDING UNDER PART SIX OF THIS ARTICLE, A HEARING IS
PRESUMED TO HAVE BEEN REQUESTED PRIMARILY FOR DELAY IF A REGISTERED
SUPPORT ORDER IS CONFIRMED OR ENFORCED WITHOUT CHANGE.
S 580-314. LIMITED IMMUNITY OF PETITIONER. (A) PARTICIPATION BY A
PETITIONER IN A PROCEEDING UNDER THIS ARTICLE BEFORE A RESPONDING TRIBU-
NAL, WHETHER IN PERSON, BY PRIVATE ATTORNEY OR THROUGH SERVICES PROVIDED
BY THE SUPPORT ENFORCEMENT AGENCY, DOES NOT CONFER PERSONAL JURISDICTION
OVER THE PETITIONER IN ANOTHER PROCEEDING.
(B) A PETITIONER IS NOT AMENABLE TO SERVICE OF CIVIL PROCESS WHILE
PHYSICALLY PRESENT IN THIS STATE TO PARTICIPATE IN A PROCEEDING UNDER
THIS ARTICLE.
(C) THE IMMUNITY GRANTED BY THIS SECTION DOES NOT EXTEND TO CIVIL
LITIGATION BASED ON ACTS UNRELATED TO A PROCEEDING UNDER THIS ARTICLE
COMMITTED BY A PARTY WHILE PHYSICALLY PRESENT IN THIS STATE TO PARTIC-
IPATE IN THE PROCEEDING.
S 580-315. NONPARENTAGE AS DEFENSE. A PARTY WHOSE PARENTAGE OF A
CHILD HAS BEEN PREVIOUSLY DETERMINED BY OR PURSUANT TO LAW MAY NOT PLEAD
NONPARENTAGE AS A DEFENSE TO A PROCEEDING UNDER THIS ARTICLE.
S 580-316. 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 MODIFI-
CATION 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 THE MOTHER AND CHILD, FURNISHED TO
THE ADVERSE PARTY AT LEAST TEN DAYS BEFORE TRIAL, ARE ADMISSIBLE IN
EVIDENCE TO PROVE THE AMOUNT OF THE CHARGES BILLED AND THAT THE CHARGES
WERE REASONABLE, NECESSARY AND CUSTOMARY.
A. 7636--B 14
(E) DOCUMENTARY EVIDENCE TRANSMITTED FROM OUTSIDE THIS STATE TO A
TRIBUNAL OF THIS STATE BY TELEPHONE, TELECOPIER OR OTHER ELECTRONIC
MEANS THAT DO NOT PROVIDE AN ORIGINAL RECORD MAY NOT BE EXCLUDED FROM
EVIDENCE ON AN OBJECTION BASED ON THE MEANS OF TRANSMISSION.
(F) IN A PROCEEDING UNDER THIS ARTICLE, A TRIBUNAL OF THIS STATE SHALL
PERMIT A PARTY OR WITNESS RESIDING OUTSIDE THIS STATE TO BE DEPOSED OR
TO TESTIFY UNDER PENALTY OF PERJURY BY TELEPHONE, AUDIOVISUAL MEANS OR
OTHER ELECTRONIC MEANS AT A DESIGNATED TRIBUNAL OR OTHER LOCATION. A
TRIBUNAL OF THIS STATE SHALL COOPERATE WITH OTHER TRIBUNALS IN DESIGNAT-
ING AN APPROPRIATE LOCATION FOR THE DEPOSITION OR TESTIMONY.
(G) IF A PARTY CALLED TO TESTIFY AT A CIVIL HEARING REFUSES TO ANSWER
ON THE GROUND THAT THE TESTIMONY MAY BE SELF-INCRIMINATING, THE TRIER OF
FACT MAY DRAW AN ADVERSE INFERENCE FROM THE REFUSAL.
(H) A PRIVILEGE AGAINST DISCLOSURE OF COMMUNICATIONS BETWEEN SPOUSES
DOES NOT APPLY IN A PROCEEDING UNDER THIS ARTICLE.
(I) THE DEFENSE OF IMMUNITY BASED ON THE RELATIONSHIP OF HUSBAND AND
WIFE OR PARENT AND CHILD DOES NOT APPLY IN A PROCEEDING UNDER THIS ARTI-
CLE.
(J) A VOLUNTARY ACKNOWLEDGMENT OF PATERNITY, CERTIFIED AS A TRUE COPY,
IS ADMISSIBLE TO ESTABLISH PARENTAGE OF THE CHILD.
S 580-317. COMMUNICATIONS BETWEEN TRIBUNALS. A TRIBUNAL OF THIS STATE
MAY COMMUNICATE WITH A TRIBUNAL OUTSIDE THIS STATE IN A RECORD OR BY
TELEPHONE, ELECTRONIC MAIL OR OTHER MEANS, TO OBTAIN INFORMATION
CONCERNING THE LAWS, THE LEGAL EFFECT OF A JUDGMENT, DECREE OR ORDER OF
THAT TRIBUNAL, AND THE STATUS OF A PROCEEDING. A TRIBUNAL OF THIS STATE
MAY FURNISH SIMILAR INFORMATION BY SIMILAR MEANS TO A TRIBUNAL OUTSIDE
THIS STATE.
S 580-318. ASSISTANCE WITH DISCOVERY. A TRIBUNAL OF THIS STATE MAY:
1. REQUEST A TRIBUNAL OUTSIDE THIS STATE TO ASSIST IN OBTAINING
DISCOVERY; AND
2. UPON REQUEST, COMPEL A PERSON OVER WHICH IT HAS JURISDICTION TO
RESPOND TO A DISCOVERY ORDER ISSUED BY A TRIBUNAL OUTSIDE THIS STATE.
S 580-319. RECEIPT AND DISBURSEMENT OF PAYMENTS. (A) A SUPPORT
ENFORCEMENT AGENCY OR TRIBUNAL OF THIS STATE SHALL DISBURSE PROMPTLY ANY
AMOUNTS RECEIVED PURSUANT TO A SUPPORT ORDER, AS DIRECTED BY THE ORDER.
THE AGENCY OR TRIBUNAL SHALL FURNISH TO A REQUESTING PARTY OR TRIBUNAL
OF ANOTHER STATE OR A FOREIGN COUNTRY A CERTIFIED STATEMENT BY THE
CUSTODIAN OF THE RECORD OF THE AMOUNTS AND DATES OF ALL PAYMENTS
RECEIVED.
(B) IF NEITHER THE OBLIGOR, NOR THE OBLIGEE WHO IS AN INDIVIDUAL, NOR
THE CHILD RESIDES IN THIS STATE, UPON REQUEST FROM A SUPPORT ENFORCEMENT
AGENCY OF THIS STATE OR ANOTHER STATE, A SUPPORT ENFORCEMENT AGENCY OR A
TRIBUNAL OF THIS STATE SHALL:
(1) DIRECT THAT THE SUPPORT PAYMENT BE MADE TO THE SUPPORT ENFORCEMENT
AGENCY IN THE STATE IN WHICH THE OBLIGEE IS RECEIVING SERVICES; AND
(2) ISSUE AND SEND TO THE OBLIGOR'S EMPLOYER A CONFORMING INCOME WITH-
HOLDING ORDER OR AN ADMINISTRATIVE NOTICE OF CHANGE OF PAYEE, REFLECTING
THE REDIRECTED PAYMENTS.
(C) A SUPPORT ENFORCEMENT AGENCY OF THIS STATE RECEIVING REDIRECTED
PAYMENTS FROM ANOTHER STATE PURSUANT TO A LAW SIMILAR TO SUBDIVISION (B)
OF THIS SECTION SHALL FURNISH TO A REQUESTING PARTY OR TRIBUNAL OF THE
OTHER STATE A CERTIFIED STATEMENT BY THE CUSTODIAN OF THE RECORD OF THE
AMOUNT AND DATES OF ALL PAYMENTS RECEIVED.
PART 4
ESTABLISHMENT OF SUPPORT ORDER OR
DETERMINATION OF PARENTAGE
A. 7636--B 15
SECTION 580-401. ESTABLISHMENT OF SUPPORT ORDER.
580-402. PROCEEDING TO DETERMINE PARENTAGE.
S 580-401. ESTABLISHMENT OF SUPPORT ORDER. (A) IF A SUPPORT ORDER
ENTITLED TO RECOGNITION UNDER THIS ARTICLE 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 APPLICABLE STATE LAW;
(7) THE MOTHER OF THE CHILD; OR
(8) AN INDIVIDUAL WHO HAS BEEN ORDERED TO PAY CHILD SUPPORT IN A
PREVIOUS PROCEEDING AND THE ORDER HAS NOT BEEN REVERSED OR VACATED.
(C) UPON FINDING, AFTER NOTICE AND OPPORTUNITY TO BE HEARD, THAT AN
OBLIGOR OWES A DUTY OF SUPPORT, THE TRIBUNAL SHALL ISSUE A SUPPORT ORDER
DIRECTED TO THE OBLIGOR AND MAY ISSUE OTHER ORDERS PURSUANT TO SECTION
580-305 OF THIS ARTICLE.
S 580-402. PROCEEDING TO DETERMINE PARENTAGE. A TRIBUNAL OF THIS
STATE AUTHORIZED TO DETERMINE PARENTAGE OF A CHILD MAY SERVE AS A
RESPONDING TRIBUNAL IN A PROCEEDING TO DETERMINE PARENTAGE OF A CHILD
BROUGHT UNDER THIS ARTICLE OR A LAW OR PROCEDURE SUBSTANTIALLY SIMILAR
TO THIS ARTICLE.
PART 5
ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION
SECTION 580-501. EMPLOYER'S RECEIPT OF INCOME WITHHOLDING ORDER OF
ANOTHER STATE.
580-502. EMPLOYER'S COMPLIANCE WITH INCOME WITHHOLDING ORDER OF
ANOTHER STATE.
580-503. COMPLIANCE WITH MULTIPLE INCOME WITHHOLDING ORDERS.
580-504. IMMUNITY FROM CIVIL LIABILITY.
580-505. PENALTIES FOR NONCOMPLIANCE.
580-506. CONTEST BY OBLIGOR.
580-507. ADMINISTRATIVE ENFORCEMENT OF ORDERS.
S 580-501. EMPLOYER'S RECEIPT OF INCOME WITHHOLDING ORDER OF ANOTHER
STATE. AN INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE MAY BE SENT
BY OR ON BEHALF OF THE OBLIGEE, OR BY THE SUPPORT ENFORCEMENT AGENCY, TO
THE PERSON DEFINED AS THE OBLIGOR'S EMPLOYER OR INCOME PAYOR UNDER
SECTION FIVE THOUSAND TWO HUNDRED FORTY-ONE OF THE CIVIL PRACTICE LAW
AND RULES OR OTHER DEBTOR (FOR PURPOSES OF THIS PART AND SECTION 580-605
OF THIS ARTICLE, EMPLOYER SHALL ALSO INCLUDE INCOME PAYOR OR OTHER
DEBTOR) WITHOUT FIRST FILING A PETITION OR COMPARABLE PLEADING OR REGIS-
TERING THE ORDER WITH A TRIBUNAL OF THIS STATE.
S 580-502. 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.
A. 7636--B 16
(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 SUBDIVISION (D) OF THIS SECTION
AND SECTION 580-503 OF THIS PART, 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 AVAILABLE THROUGH THE
OBLIGOR'S EMPLOYMENT;
(4) THE AMOUNT OF PERIODIC PAYMENTS OF FEES AND COSTS FOR A SUPPORT
ENFORCEMENT AGENCY, THE ISSUING TRIBUNAL AND THE OBLIGEE'S ATTORNEY,
STATED AS SUMS CERTAIN; AND
(5) THE AMOUNT OF PERIODIC PAYMENTS OF ARREARAGES AND INTEREST ON
ARREARAGES, STATED AS SUMS CERTAIN.
(D) AN EMPLOYER SHALL COMPLY WITH THE LAW OF THE STATE OF THE
OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT FOR WITHHOLDING FROM INCOME WITH
RESPECT TO:
(1) THE EMPLOYER'S FEE FOR PROCESSING AN INCOME WITHHOLDING ORDER;
(2) THE MAXIMUM AMOUNT PERMITTED TO BE WITHHELD FROM THE OBLIGOR'S
INCOME; AND
(3) THE TIMES WITHIN WHICH THE EMPLOYER MUST IMPLEMENT THE WITHHOLDING
ORDER AND FORWARD THE CHILD SUPPORT PAYMENT.
S 580-503. COMPLIANCE WITH MULTIPLE INCOME WITHHOLDING ORDERS. IF AN
OBLIGOR'S EMPLOYER RECEIVES TWO OR MORE INCOME WITHHOLDING ORDERS WITH
RESPECT TO THE EARNINGS OF THE SAME OBLIGOR, THE EMPLOYER SATISFIES THE
TERMS OF THE ORDERS IF THE EMPLOYER COMPLIES WITH THE LAW OF THE STATE
OF THE OBLIGOR'S PRINCIPAL PLACE OF EMPLOYMENT TO ESTABLISH THE PRIORI-
TIES FOR WITHHOLDING AND ALLOCATING INCOME WITHHELD FOR TWO OR MORE
CHILD SUPPORT OBLIGEES.
S 580-504. IMMUNITY FROM CIVIL LIABILITY. AN EMPLOYER THAT COMPLIES
WITH AN INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE IN ACCORDANCE
WITH THIS PART IS NOT SUBJECT TO CIVIL LIABILITY TO AN INDIVIDUAL OR
AGENCY WITH REGARD TO THE EMPLOYER'S WITHHOLDING OF CHILD SUPPORT FROM
THE OBLIGOR'S INCOME.
S 580-505. PENALTIES FOR NONCOMPLIANCE. AN EMPLOYER THAT WILLFULLY
FAILS TO COMPLY WITH AN INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE
AND RECEIVED FOR ENFORCEMENT IS SUBJECT TO THE SAME PENALTIES THAT MAY
BE IMPOSED FOR NONCOMPLIANCE WITH AN ORDER ISSUED BY A TRIBUNAL OF THIS
STATE.
S 580-506. CONTEST BY OBLIGOR. (A) AN OBLIGOR MAY CONTEST THE VALIDI-
TY OR ENFORCEMENT OF AN INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE
AND RECEIVED DIRECTLY BY AN EMPLOYER IN THIS STATE BY REGISTERING THE
ORDER IN A TRIBUNAL OF THIS STATE AND FILING A CONTEST TO THAT ORDER AS
PROVIDED IN PART SIX OF THIS ARTICLE, OR OTHERWISE CONTESTING THE ORDER
IN THE SAME MANNER AS IF THE ORDER HAD BEEN ISSUED BY A TRIBUNAL OF THIS
STATE.
(B) THE OBLIGOR SHALL GIVE NOTICE OF THE CONTEST TO:
(1) A SUPPORT ENFORCEMENT AGENCY PROVIDING SERVICES TO THE OBLIGEE;
(2) EACH EMPLOYER THAT HAS DIRECTLY RECEIVED AN INCOME WITHHOLDING
ORDER RELATING TO THE OBLIGOR; AND
A. 7636--B 17
(3) THE PERSON DESIGNATED TO RECEIVE PAYMENTS IN THE INCOME WITHHOLD-
ING ORDER OR, IF NO PERSON IS DESIGNATED, TO THE OBLIGEE.
S 580-507. ADMINISTRATIVE ENFORCEMENT OF ORDERS. (A) A PARTY OR
SUPPORT ENFORCEMENT AGENCY SEEKING TO ENFORCE A SUPPORT ORDER OR AN
INCOME WITHHOLDING ORDER, OR BOTH, ISSUED IN ANOTHER STATE OR A FOREIGN
SUPPORT ORDER MAY SEND THE DOCUMENTS REQUIRED FOR REGISTERING THE ORDER
TO A SUPPORT ENFORCEMENT AGENCY OF THIS STATE.
(B) UPON RECEIPT OF THE DOCUMENTS, THE SUPPORT ENFORCEMENT AGENCY,
WITHOUT INITIALLY SEEKING TO REGISTER THE ORDER, SHALL CONSIDER AND, IF
APPROPRIATE, USE ANY ADMINISTRATIVE PROCEDURE AUTHORIZED BY THE LAW OF
THIS STATE TO ENFORCE A SUPPORT ORDER OR AN INCOME WITHHOLDING ORDER, OR
BOTH. IF THE OBLIGOR DOES NOT CONTEST ADMINISTRATIVE ENFORCEMENT, THE
ORDER NEED NOT BE REGISTERED. IF THE OBLIGOR CONTESTS THE VALIDITY OR
ADMINISTRATIVE ENFORCEMENT OF THE ORDER, THE SUPPORT ENFORCEMENT AGENCY
SHALL REGISTER THE ORDER PURSUANT TO THIS ARTICLE.
PART 6
REGISTRATION, ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
SUBPART A. REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER.
B. CONTEST OF VALIDITY OR ENFORCEMENT.
C. REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER OF
ANOTHER STATE.
D. REGISTRATION AND MODIFICATION OF FOREIGN CHILD SUPPORT ORDER.
SUBPART A
REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
SECTION 580-601. REGISTRATION OF ORDER FOR ENFORCEMENT.
580-602. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT.
580-603. EFFECT OF REGISTRATION FOR ENFORCEMENT.
580-604. CHOICE OF LAW.
S 580-601. REGISTRATION OF ORDER FOR ENFORCEMENT. A SUPPORT ORDER OR
INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE OR A FOREIGN SUPPORT
ORDER MAY BE REGISTERED IN THIS STATE FOR ENFORCEMENT.
S 580-602. PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT. (A) EXCEPT AS
OTHERWISE PROVIDED IN SECTION 580-706 OF THIS ARTICLE, 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:
(I) THE OBLIGOR'S ADDRESS AND SOCIAL SECURITY NUMBER;
(II) THE NAME AND ADDRESS OF THE OBLIGOR'S EMPLOYER AND ANY OTHER
SOURCE OF INCOME OF THE OBLIGOR; AND
(III) A DESCRIPTION AND THE LOCATION OF PROPERTY OF THE OBLIGOR IN
THIS STATE NOT EXEMPT FROM EXECUTION; AND
(5) EXCEPT AS OTHERWISE PROVIDED IN SECTION 580-312 OF THIS ARTICLE,
THE NAME AND ADDRESS OF THE OBLIGEE AND, IF APPLICABLE, THE PERSON TO
WHOM SUPPORT PAYMENTS ARE TO BE REMITTED.
(B) ON RECEIPT OF A REQUEST FOR REGISTRATION, THE REGISTERING TRIBUNAL
SHALL CAUSE THE ORDER TO BE FILED AS AN ORDER OF A TRIBUNAL OF ANOTHER
STATE OR A FOREIGN SUPPORT ORDER, TOGETHER WITH ONE COPY OF THE DOCU-
MENTS AND INFORMATION, REGARDLESS OF THEIR FORM.
A. 7636--B 18
(C) A PETITION OR COMPARABLE PLEADING SEEKING A REMEDY THAT MUST BE
AFFIRMATIVELY SOUGHT UNDER OTHER LAW OF THIS STATE MAY BE FILED AT THE
SAME TIME AS THE REQUEST FOR REGISTRATION OR LATER. THE PLEADING MUST
SPECIFY THE GROUNDS FOR THE REMEDY SOUGHT.
(D) IF TWO OR MORE ORDERS ARE IN EFFECT, THE PERSON REQUESTING REGIS-
TRATION SHALL:
(1) FURNISH TO THE TRIBUNAL A COPY OF EVERY SUPPORT ORDER ASSERTED TO
BE IN EFFECT IN ADDITION TO THE DOCUMENTS SPECIFIED IN THIS SECTION;
(2) SPECIFY THE ORDER ALLEGED TO BE THE CONTROLLING ORDER, IF ANY; AND
(3) SPECIFY THE AMOUNT OF CONSOLIDATED ARREARS, IF ANY.
(E) A REQUEST FOR A DETERMINATION OF WHICH IS THE CONTROLLING ORDER
MAY BE FILED SEPARATELY OR WITH A REQUEST FOR REGISTRATION AND ENFORCE-
MENT OR FOR REGISTRATION AND MODIFICATION. THE PERSON REQUESTING REGIS-
TRATION SHALL GIVE NOTICE OF THE REQUEST TO EACH PARTY WHOSE RIGHTS MAY
BE AFFECTED BY THE DETERMINATION.
S 580-603. 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 ARTICLE, A TRIBUNAL OF THIS
STATE SHALL RECOGNIZE AND ENFORCE, BUT MAY NOT MODIFY, A REGISTERED
SUPPORT ORDER IF THE ISSUING TRIBUNAL HAD JURISDICTION.
S 580-604. CHOICE OF LAW. (A) EXCEPT AS OTHERWISE PROVIDED IN SUBDI-
VISION (D) OF THIS SECTION, 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 COUN-
TRY 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
ANY, A TRIBUNAL OF THIS STATE SHALL PROSPECTIVELY APPLY THE LAW OF THE
STATE OR FOREIGN COUNTRY ISSUING THE CONTROLLING ORDER, INCLUDING ITS
LAW ON INTEREST ON ARREARS, ON CURRENT AND FUTURE SUPPORT, AND ON
CONSOLIDATED ARREARS.
SUBPART B
CONTEST OF VALIDITY OR ENFORCEMENT
SECTION 580-605. NOTICE OF REGISTRATION OF ORDER.
580-606. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGIS-
TERED SUPPORT ORDER.
580-607. CONTEST OF REGISTRATION OR ENFORCEMENT.
580-608. CONFIRMED ORDER.
S 580-605. NOTICE OF REGISTRATION OF ORDER. (A) WHEN A SUPPORT ORDER
OR INCOME WITHHOLDING ORDER ISSUED IN ANOTHER STATE OR A FOREIGN SUPPORT
A. 7636--B 19
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 ACCOMPA-
NYING 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 TWENTY DAYS AFTER NOTICE
UNLESS THE REGISTERED ORDER IS UNDER SECTION 580-707 OF THIS ARTICLE;
(3) THAT FAILURE TO CONTEST THE VALIDITY OR ENFORCEMENT OF THE REGIS-
TERED 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 ARREARAGES.
(C) IF THE REGISTERING PARTY ASSERTS THAT TWO OR MORE ORDERS ARE IN
EFFECT, A NOTICE MUST ALSO:
(1) IDENTIFY THE TWO OR MORE ORDERS AND THE ORDER ALLEGED BY THE
REGISTERING PARTY TO BE THE CONTROLLING ORDER AND THE CONSOLIDATED
ARREARS, IF ANY;
(2) NOTIFY THE NONREGISTERING PARTY OF THE RIGHT TO A DETERMINATION OF
WHICH IS THE CONTROLLING ORDER;
(3) STATE THAT THE PROCEDURES PROVIDED IN SUBDIVISION (B) OF THIS
SECTION APPLY TO THE DETERMINATION OF WHICH IS THE CONTROLLING ORDER;
AND
(4) STATE THAT FAILURE TO CONTEST THE VALIDITY OR ENFORCEMENT OF THE
ORDER ALLEGED TO BE THE CONTROLLING ORDER IN A TIMELY MANNER MAY RESULT
IN CONFIRMATION THAT THE ORDER IS THE CONTROLLING ORDER.
(D) UPON REGISTRATION OF AN INCOME WITHHOLDING ORDER FOR ENFORCEMENT,
THE SUPPORT ENFORCEMENT AGENCY OR THE REGISTERING TRIBUNAL SHALL NOTIFY
THE OBLIGOR'S EMPLOYER PURSUANT TO SECTION FIVE THOUSAND TWO HUNDRED
FORTY-ONE OR FIVE THOUSAND TWO HUNDRED FORTY-TWO OF THE CIVIL PRACTICE
LAW AND RULES.
S 580-606. PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGISTERED
SUPPORT ORDER. (A) A NONREGISTERING PARTY SEEKING TO CONTEST THE VALID-
ITY OR ENFORCEMENT OF A REGISTERED SUPPORT ORDER IN THIS STATE SHALL
REQUEST A HEARING WITHIN THE TIME REQUIRED BY SECTION 580-605 OF THIS
SUBPART. THE NONREGISTERING PARTY MAY SEEK TO VACATE THE REGISTRATION,
TO ASSERT ANY DEFENSE TO AN ALLEGATION OF NONCOMPLIANCE WITH THE REGIS-
TERED ORDER, OR TO CONTEST THE REMEDIES BEING SOUGHT OR THE AMOUNT OF
ANY ALLEGED ARREARAGES PURSUANT TO SECTION 580-607 OF THIS SUBPART.
(B) IF THE NONREGISTERING PARTY FAILS TO CONTEST THE VALIDITY OR
ENFORCEMENT OF THE REGISTERED SUPPORT ORDER IN A TIMELY MANNER, THE
ORDER IS CONFIRMED BY OPERATION OF LAW.
(C) IF A NONREGISTERING PARTY REQUESTS A HEARING TO CONTEST THE VALID-
ITY OR ENFORCEMENT OF THE REGISTERED SUPPORT ORDER, THE REGISTERING
TRIBUNAL SHALL SCHEDULE THE MATTER FOR HEARING AND GIVE NOTICE TO THE
PARTIES OF THE DATE, TIME, AND PLACE OF THE HEARING.
S 580-607. CONTEST OF REGISTRATION OR ENFORCEMENT. (A) A PARTY
CONTESTING THE VALIDITY OR ENFORCEMENT OF A REGISTERED SUPPORT ORDER OR
SEEKING TO VACATE THE REGISTRATION HAS THE BURDEN OF PROVING ONE OR MORE
OF THE FOLLOWING DEFENSES:
(1) THE ISSUING TRIBUNAL LACKED PERSONAL JURISDICTION OVER THE
CONTESTING PARTY;
(2) THE ORDER WAS OBTAINED BY FRAUD;
A. 7636--B 20
(3) THE ORDER HAS BEEN VACATED, SUSPENDED, OR MODIFIED BY A LATER
ORDER;
(4) THE ISSUING TRIBUNAL HAS STAYED THE ORDER PENDING APPEAL;
(5) THERE IS A DEFENSE UNDER THE LAW OF THIS STATE TO THE REMEDY
SOUGHT;
(6) FULL OR PARTIAL PAYMENT HAS BEEN MADE;
(7) THE STATUTE OF LIMITATION UNDER SECTION 580-604 OF THIS PART
PRECLUDES ENFORCEMENT OF SOME OR ALL OF THE ALLEGED ARREARAGES; OR
(8) THE ALLEGED CONTROLLING ORDER IS NOT THE CONTROLLING ORDER.
(B) IF A PARTY PRESENTS EVIDENCE ESTABLISHING A FULL OR PARTIAL
DEFENSE UNDER SUBDIVISION (A) OF THIS SECTION, A TRIBUNAL MAY STAY
ENFORCEMENT OF A REGISTERED SUPPORT ORDER, CONTINUE THE PROCEEDING TO
PERMIT PRODUCTION OF ADDITIONAL RELEVANT EVIDENCE, AND ISSUE OTHER
APPROPRIATE ORDERS. AN UNCONTESTED PORTION OF THE REGISTERED SUPPORT
ORDER MAY BE ENFORCED BY ALL REMEDIES AVAILABLE UNDER THE LAW OF THIS
STATE.
(C) IF THE CONTESTING PARTY DOES NOT ESTABLISH A DEFENSE UNDER SUBDI-
VISION (A) OF THIS SECTION TO THE VALIDITY OR ENFORCEMENT OF A REGIS-
TERED SUPPORT ORDER, THE REGISTERING TRIBUNAL SHALL ISSUE AN ORDER
CONFIRMING THE ORDER.
S 580-608. CONFIRMED ORDER. CONFIRMATION OF A REGISTERED SUPPORT
ORDER, WHETHER BY OPERATION OF LAW OR AFTER NOTICE AND HEARING,
PRECLUDES FURTHER CONTEST OF THE ORDER WITH RESPECT TO ANY MATTER THAT
COULD HAVE BEEN ASSERTED AT THE TIME OF REGISTRATION.
SUBPART C
REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER
OF ANOTHER STATE
SECTION 580-609. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF ANOTHER
STATE FOR MODIFICATION.
580-610. EFFECT OF REGISTRATION FOR MODIFICATION.
580-611. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE.
580-612. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.
580-613. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF ANOTHER
STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.
580-614. NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.
S 580-609. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF ANOTHER STATE
FOR MODIFICATION. A PARTY OR SUPPORT ENFORCEMENT AGENCY SEEKING TO MODI-
FY, OR TO MODIFY AND ENFORCE A CHILD SUPPORT ORDER ISSUED IN ANOTHER
STATE SHALL REGISTER THAT ORDER IN THIS STATE IN THE SAME MANNER
PROVIDED IN SECTIONS 580-601 THROUGH 580-608 OF THIS PART IF THE ORDER
HAS NOT BEEN REGISTERED. A PETITION FOR MODIFICATION MAY BE FILED AT THE
SAME TIME AS A REQUEST FOR REGISTRATION, OR LATER. THE PLEADING MUST
SPECIFY THE GROUNDS FOR MODIFICATION.
S 580-610. EFFECT OF REGISTRATION FOR MODIFICATION. A TRIBUNAL OF
THIS STATE MAY ENFORCE A CHILD SUPPORT ORDER OF ANOTHER STATE REGISTERED
FOR PURPOSES OF MODIFICATION, IN THE SAME MANNER AS IF THE ORDER HAD
BEEN ISSUED BY A TRIBUNAL OF THIS STATE, BUT THE REGISTERED SUPPORT
ORDER MAY BE MODIFIED ONLY IF THE REQUIREMENTS OF SECTION 580-611 OR
580-613 OF THIS SUBPART HAVE BEEN MET.
S 580-611. MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE. (A)
IF SECTION 580-613 OF THIS SUBPART DOES NOT APPLY, UPON PETITION A
TRIBUNAL OF THIS STATE MAY MODIFY A CHILD SUPPORT ORDER ISSUED IN ANOTH-
ER STATE WHICH IS REGISTERED IN THIS STATE IF, AFTER NOTICE AND HEARING,
THE TRIBUNAL FINDS THAT:
(1) THE FOLLOWING REQUIREMENTS ARE MET:
A. 7636--B 21
(I) NEITHER THE CHILD, NOR THE OBLIGEE WHO IS AN INDIVIDUAL, NOR THE
OBLIGOR RESIDES IN THE ISSUING STATE;
(II) A PETITIONER WHO IS A NONRESIDENT OF THIS STATE SEEKS MODIFICA-
TION; AND
(III) THE RESPONDENT IS SUBJECT TO THE PERSONAL JURISDICTION OF THE
TRIBUNAL OF THIS STATE; OR
(2) THIS STATE IS THE RESIDENCE OF THE CHILD, OR A PARTY WHO IS AN
INDIVIDUAL IS SUBJECT TO THE PERSONAL JURISDICTION OF THE TRIBUNAL OF
THIS STATE, AND ALL OF THE PARTIES WHO ARE INDIVIDUALS HAVE FILED
CONSENTS IN A RECORD IN THE ISSUING TRIBUNAL FOR A TRIBUNAL OF THIS
STATE TO MODIFY THE SUPPORT ORDER AND ASSUME CONTINUING, EXCLUSIVE
JURISDICTION.
(B) MODIFICATION OF A REGISTERED CHILD SUPPORT ORDER IS SUBJECT TO THE
SAME REQUIREMENTS, PROCEDURES, AND DEFENSES THAT APPLY TO THE MODIFICA-
TION OF AN ORDER ISSUED BY A TRIBUNAL OF THIS STATE AND THE ORDER MAY BE
ENFORCED AND SATISFIED IN THE SAME MANNER.
(C) A TRIBUNAL OF THIS STATE MAY NOT MODIFY ANY ASPECT OF A CHILD
SUPPORT ORDER THAT MAY NOT BE MODIFIED UNDER THE LAW OF THE ISSUING
STATE, INCLUDING THE DURATION OF THE OBLIGATION OF SUPPORT. IF TWO OR
MORE TRIBUNALS HAVE ISSUED CHILD SUPPORT ORDERS FOR THE SAME OBLIGOR AND
SAME CHILD, THE ORDER THAT CONTROLS AND MUST BE SO RECOGNIZED UNDER
SECTION 580-207 OF THIS ARTICLE ESTABLISHES THE ASPECTS OF THE SUPPORT
ORDER WHICH ARE NONMODIFIABLE.
(D) IN A PROCEEDING TO MODIFY A CHILD SUPPORT ORDER, THE LAW OF THE
STATE THAT IS DETERMINED TO HAVE ISSUED THE INITIAL CONTROLLING ORDER
GOVERNS THE DURATION OF THE OBLIGATION OF SUPPORT. THE OBLIGOR'S
FULFILLMENT OF THE DUTY OF SUPPORT ESTABLISHED BY THAT ORDER PRECLUDES
IMPOSITION OF A FURTHER OBLIGATION OF SUPPORT BY A TRIBUNAL OF THIS
STATE.
(E) ON THE ISSUANCE OF AN ORDER BY A TRIBUNAL OF THIS STATE MODIFYING
A CHILD SUPPORT ORDER ISSUED IN ANOTHER STATE, THE TRIBUNAL OF THIS
STATE BECOMES THE TRIBUNAL HAVING CONTINUING, EXCLUSIVE JURISDICTION.
(F) NOTWITHSTANDING SUBDIVISIONS (A) THROUGH (E) OF THIS SECTION AND
SUBDIVISION (B) OF SECTION 580-201 OF THIS ARTICLE, A TRIBUNAL OF THIS
STATE RETAINS JURISDICTION TO MODIFY AN ORDER ISSUED BY A TRIBUNAL OF
THIS STATE IF:
(1) ONE PARTY RESIDES IN ANOTHER STATE; AND
(2) THE OTHER PARTY RESIDES OUTSIDE THE UNITED STATES.
S 580-612. RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE. IF A CHILD
SUPPORT ORDER ISSUED BY A TRIBUNAL OF THIS STATE IS MODIFIED BY A TRIBU-
NAL OF ANOTHER STATE WHICH ASSUMED JURISDICTION PURSUANT TO THE UNIFORM
INTERSTATE FAMILY SUPPORT ACT, A TRIBUNAL OF THIS STATE:
(A) MAY ENFORCE ITS ORDER THAT WAS MODIFIED ONLY AS TO ARREARS AND
INTEREST ACCRUING BEFORE THE MODIFICATION;
(B) MAY PROVIDE APPROPRIATE RELIEF FOR VIOLATIONS OF ITS ORDER WHICH
OCCURRED BEFORE THE EFFECTIVE DATE OF THE MODIFICATION; AND
(C) SHALL RECOGNIZE THE MODIFYING ORDER OF THE OTHER STATE, UPON
REGISTRATION, FOR THE PURPOSE OF ENFORCEMENT.
S 580-613. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF ANOTHER STATE
WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE. (A) IF ALL OF THE PARTIES
WHO ARE INDIVIDUALS RESIDE IN THIS STATE AND THE CHILD DOES NOT RESIDE
IN THE ISSUING STATE, A TRIBUNAL OF THIS STATE HAS JURISDICTION TO
ENFORCE AND TO MODIFY THE ISSUING STATE'S CHILD SUPPORT ORDER IN A
PROCEEDING TO REGISTER THAT ORDER.
(B) A TRIBUNAL OF THIS STATE EXERCISING JURISDICTION UNDER THIS
SECTION SHALL APPLY THE PROVISIONS OF PARTS ONE AND TWO OF THIS ARTICLE,
A. 7636--B 22
THIS PART AND THE PROCEDURAL AND SUBSTANTIVE LAW OF THIS STATE TO THE
PROCEEDING FOR ENFORCEMENT OR MODIFICATION. PARTS THREE, FOUR, FIVE,
SEVEN AND EIGHT OF THIS ARTICLE DO NOT APPLY.
S 580-614. NOTICE TO ISSUING TRIBUNAL OF MODIFICATION. WITHIN THIRTY
DAYS AFTER ISSUANCE OF A MODIFIED CHILD SUPPORT ORDER, THE PARTY OBTAIN-
ING THE MODIFICATION SHALL FILE A CERTIFIED COPY OF THE ORDER WITH THE
ISSUING TRIBUNAL THAT HAD CONTINUING, EXCLUSIVE JURISDICTION OVER THE
EARLIER ORDER, AND IN EACH TRIBUNAL IN WHICH THE PARTY KNOWS THE EARLIER
ORDER HAS BEEN REGISTERED. A PARTY WHO OBTAINS THE ORDER AND FAILS TO
FILE A CERTIFIED COPY IS SUBJECT TO APPROPRIATE SANCTIONS BY A TRIBUNAL
IN WHICH THE ISSUE OF FAILURE TO FILE ARISES. THE FAILURE TO FILE DOES
NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE MODIFIED ORDER OF THE
NEW TRIBUNAL HAVING CONTINUING, EXCLUSIVE JURISDICTION.
SUBPART D
REGISTRATION AND MODIFICATION OF FOREIGN CHILD SUPPORT ORDER
SECTION 580-615. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN
COUNTRY.
580-616. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF FOREIGN
COUNTRY FOR MODIFICATION.
S 580-615. JURISDICTION TO MODIFY CHILD SUPPORT ORDER OF FOREIGN COUN-
TRY. (A) EXCEPT AS OTHERWISE PROVIDED IN SECTION 580-711 OF THIS ARTI-
CLE, IF A FOREIGN COUNTRY LACKS OR REFUSES TO EXERCISE JURISDICTION TO
MODIFY ITS CHILD SUPPORT ORDER PURSUANT TO ITS LAWS, A TRIBUNAL OF THIS
STATE MAY ASSUME JURISDICTION TO MODIFY THE CHILD SUPPORT ORDER AND BIND
ALL INDIVIDUALS SUBJECT TO THE PERSONAL JURISDICTION OF THE TRIBUNAL
WHETHER THE CONSENT TO MODIFICATION OF A CHILD SUPPORT ORDER OTHERWISE
REQUIRED OF THE INDIVIDUAL PURSUANT TO SECTION 580-611 OF THIS PART HAS
BEEN GIVEN OR WHETHER THE INDIVIDUAL SEEKING MODIFICATION IS A RESIDENT
OF THIS STATE OR OF THE FOREIGN COUNTRY.
(B) AN ORDER ISSUED BY A TRIBUNAL OF THIS STATE MODIFYING A FOREIGN
CHILD SUPPORT ORDER PURSUANT TO THIS SECTION IS THE CONTROLLING ORDER.
S 580-616. PROCEDURE TO REGISTER CHILD SUPPORT ORDER OF FOREIGN COUN-
TRY 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 580-601 THROUGH 580-608 OF THIS PART 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 SPECI-
FY THE GROUNDS FOR MODIFICATION.
PART 7
SUPPORT PROCEEDINGS UNDER CONVENTION
SECTION 580-701. DEFINITIONS.
580-702. APPLICABILITY.
580-703. RELATIONSHIP OF OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE TO UNITED STATES CENTRAL AUTHORITY.
580-704. INITIATION BY STATE SUPPORT ENFORCEMENT AGENCIES OF
SUPPORT PROCEEDING UNDER CONVENTION.
580-705. DIRECT REQUEST.
580-706. REGISTRATION OF CONVENTION SUPPORT ORDER.
580-707. CONTEST OF REGISTERED CONVENTION SUPPORT ORDER.
580-708. RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION
SUPPORT ORDER.
580-709. PARTIAL ENFORCEMENT.
580-710. FOREIGN SUPPORT AGREEMENT.
580-711. MODIFICATION OF CONVENTION CHILD SUPPORT ORDER.
580-712. PERSONAL INFORMATION; LIMIT ON USE.
A. 7636--B 23
580-713. RECORD IN ORIGINAL LANGUAGE; ENGLISH TRANSLATION.
S 580-701. DEFINITIONS. IN THIS PART:
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 PARAGRAPH (IV) OF SUBDIVISION
FIVE OF SECTION 580-102 OF THIS ARTICLE TO PERFORM THE FUNCTIONS SPECI-
FIED IN THE CONVENTION.
3. "CONVENTION SUPPORT ORDER" MEANS A SUPPORT ORDER OF A TRIBUNAL OF A
FOREIGN COUNTRY DESCRIBED IN PARAGRAPH (IV) OF SUBDIVISION FIVE OF
SECTION 580-102 OF THIS ARTICLE.
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 PARAGRAPH (IV) OF SUBDIVISION FIVE OF
SECTION 580-102 OF THIS ARTICLE TO PERFORM THE FUNCTIONS SPECIFIED IN
THE CONVENTION.
6. "FOREIGN SUPPORT AGREEMENT":
(I) MEANS AN AGREEMENT FOR SUPPORT IN A RECORD THAT:
(A) IS ENFORCEABLE AS A SUPPORT ORDER IN THE COUNTRY OF ORIGIN;
(B) HAS BEEN:
(A) FORMALLY DRAWN UP OR REGISTERED AS AN AUTHENTIC INSTRUMENT BY A
FOREIGN TRIBUNAL; OR
(B) AUTHENTICATED BY, OR CONCLUDED, REGISTERED OR FILED WITH A FOREIGN
TRIBUNAL; AND
(C) MAY BE REVIEWED AND MODIFIED BY A FOREIGN TRIBUNAL; AND
(II) INCLUDES A MAINTENANCE ARRANGEMENT OR AUTHENTIC INSTRUMENT UNDER
THE CONVENTION.
7. "UNITED STATES CENTRAL AUTHORITY" MEANS THE SECRETARY OF THE UNITED
STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
S 580-702. APPLICABILITY. THIS PART APPLIES ONLY TO A SUPPORT
PROCEEDING UNDER THE CONVENTION. IN SUCH A PROCEEDING, IF A PROVISION OF
THIS PART IS INCONSISTENT WITH PARTS ONE THROUGH SIX OF THIS ARTICLE,
THIS PART CONTROLS.
S 580-703. RELATIONSHIP OF OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE TO UNITED STATES CENTRAL AUTHORITY. THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE IS RECOGNIZED AS THE AGENCY DESIGNATED BY THE
UNITED STATES CENTRAL AUTHORITY TO PERFORM SPECIFIC FUNCTIONS UNDER THE
CONVENTION; PROVIDED, HOWEVER, THAT A SOCIAL SERVICES DISTRICT OF THIS
STATE MAY PERFORM ANY FUNCTION AUTHORIZED UNDER STATE LAW.
S 580-704. INITIATION BY STATE SUPPORT ENFORCEMENT AGENCIES OF SUPPORT
PROCEEDING UNDER CONVENTION. (A) IN A SUPPORT PROCEEDING UNDER THIS
PART, THE SUPPORT ENFORCEMENT AGENCIES OF THIS STATE 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;
A. 7636--B 24
(4) ESTABLISHMENT OF A SUPPORT ORDER IF RECOGNITION OF A FOREIGN
SUPPORT ORDER IS REFUSED UNDER PARAGRAPH TWO, FOUR OR NINE OF SUBDIVI-
SION (B) OF SECTION 580-708 OF THIS PART;
(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 COUNTRY.
(C) THE FOLLOWING SUPPORT PROCEEDINGS ARE AVAILABLE UNDER THE CONVEN-
TION TO AN OBLIGOR AGAINST WHICH THERE IS AN EXISTING SUPPORT ORDER:
(1) RECOGNITION OF AN ORDER SUSPENDING OR LIMITING ENFORCEMENT OF AN
EXISTING SUPPORT ORDER OF A TRIBUNAL OF THIS STATE;
(2) MODIFICATION OF A SUPPORT ORDER OF A TRIBUNAL OF THIS STATE; AND
(3) MODIFICATION OF A SUPPORT ORDER OF A TRIBUNAL OF ANOTHER STATE OR
A FOREIGN COUNTRY.
(D) A TRIBUNAL OF THIS STATE MAY NOT REQUIRE SECURITY, BOND OR DEPOS-
IT, HOWEVER DESCRIBED, TO GUARANTEE THE PAYMENT OF COSTS AND EXPENSES IN
PROCEEDINGS UNDER THE CONVENTION.
S 580-705. DIRECT REQUEST. (A) A PETITIONER MAY FILE A DIRECT REQUEST
SEEKING ESTABLISHMENT OR MODIFICATION OF A SUPPORT ORDER OR DETERMI-
NATION 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 580-706 THROUGH 580-713 OF THIS PART APPLY.
(C) IN A DIRECT REQUEST FOR RECOGNITION AND ENFORCEMENT OF A CONVEN-
TION 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 STATE CHILD SUPPORT AGENCIES.
(E) THIS PART DOES NOT PREVENT THE APPLICATION OF LAWS OF THIS STATE
THAT PROVIDE SIMPLIFIED, MORE EXPEDITIOUS RULES REGARDING A DIRECT
REQUEST FOR RECOGNITION AND ENFORCEMENT OF A FOREIGN SUPPORT ORDER OR
FOREIGN SUPPORT AGREEMENT.
S 580-706. REGISTRATION OF CONVENTION SUPPORT ORDER. (A) EXCEPT AS
OTHERWISE PROVIDED IN THIS PART, 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 PART SIX OF
THIS ARTICLE.
(B) NOTWITHSTANDING SECTION 580-311 AND SUBDIVISION (A) OF SECTION
580-602 OF THIS ARTICLE, 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 NOTICE OF THE
A. 7636--B 25
SUPPORT ORDER AND AN OPPORTUNITY TO BE HEARD IN A CHALLENGE OR APPEAL ON
FACT OR LAW BEFORE A TRIBUNAL;
(4) A RECORD SHOWING THE AMOUNT OF ARREARS, IF ANY, AND THE DATE THE
AMOUNT WAS CALCULATED;
(5) A RECORD SHOWING A REQUIREMENT FOR AUTOMATIC ADJUSTMENT OF THE
AMOUNT OF SUPPORT, IF ANY, AND THE INFORMATION NECESSARY TO MAKE THE
APPROPRIATE CALCULATIONS; AND
(6) IF NECESSARY, A RECORD SHOWING THE EXTENT TO WHICH THE APPLICANT
RECEIVED FREE LEGAL ASSISTANCE IN THE ISSUING COUNTRY.
(C) A REQUEST FOR REGISTRATION OF A CONVENTION SUPPORT ORDER MAY SEEK
RECOGNITION AND PARTIAL ENFORCEMENT OF THE ORDER.
(D) A TRIBUNAL OF THIS STATE MAY VACATE THE REGISTRATION OF A CONVEN-
TION SUPPORT ORDER WITHOUT THE FILING OF A CONTEST UNDER SECTION 580-707
OF THIS PART ONLY IF, ACTING ON ITS OWN MOTION, THE TRIBUNAL FINDS THAT
RECOGNITION AND ENFORCEMENT OF THE ORDER WOULD BE MANIFESTLY INCOMPAT-
IBLE WITH PUBLIC POLICY.
(E) THE TRIBUNAL SHALL PROMPTLY NOTIFY THE PARTIES OF THE REGISTRATION
OR THE ORDER VACATING THE REGISTRATION OF A CONVENTION SUPPORT ORDER.
S 580-707. CONTEST OF REGISTERED CONVENTION SUPPORT ORDER. (A) EXCEPT
AS OTHERWISE PROVIDED IN THIS PART, SECTIONS 580-605 THROUGH 580-608 OF
THIS ARTICLE 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 THIRTY DAYS AFTER NOTICE OF THE REGISTRA-
TION, BUT IF THE CONTESTING PARTY DOES NOT RESIDE IN THE UNITED STATES,
THE CONTEST MUST BE FILED NOT LATER THAN SIXTY DAYS AFTER NOTICE OF THE
REGISTRATION.
(C) IF THE NONREGISTERING PARTY FAILS TO CONTEST THE REGISTERED
CONVENTION SUPPORT ORDER BY THE TIME SPECIFIED IN SUBDIVISION (B) OF
THIS SECTION, THE ORDER IS ENFORCEABLE.
(D) A CONTEST OF A REGISTERED CONVENTION SUPPORT ORDER MAY BE BASED
ONLY ON GROUNDS SET FORTH IN SECTION 580-708 OF THIS PART. THE CONTEST-
ING 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; AND
(2) MAY NOT REVIEW THE MERITS OF THE ORDER.
(F) A TRIBUNAL OF THIS STATE DECIDING A CONTEST OF A REGISTERED
CONVENTION SUPPORT ORDER SHALL PROMPTLY NOTIFY THE PARTIES OF ITS DECI-
SION.
(G) A CHALLENGE OR APPEAL, IF ANY, DOES NOT STAY THE ENFORCEMENT OF A
CONVENTION SUPPORT ORDER UNLESS THERE ARE EXCEPTIONAL CIRCUMSTANCES.
S 580-708. RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION
SUPPORT ORDER. (A) EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION (B) OF
THIS SECTION, 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 INCOMPAT-
IBLE 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 580-201 OF THIS ARTICLE;
A. 7636--B 26
(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 580-706 OF THIS
PART LACKS AUTHENTICITY OR INTEGRITY;
(6) A PROCEEDING BETWEEN THE SAME PARTIES AND HAVING THE SAME PURPOSE
IS PENDING BEFORE A TRIBUNAL OF THIS STATE AND THAT PROCEEDING WAS THE
FIRST TO BE FILED;
(7) THE ORDER IS INCOMPATIBLE WITH A MORE RECENT SUPPORT ORDER INVOLV-
ING THE SAME PARTIES AND HAVING THE SAME PURPOSE IF THE MORE RECENT
SUPPORT ORDER IS ENTITLED TO RECOGNITION AND ENFORCEMENT UNDER THIS
ARTICLE IN THIS STATE;
(8) PAYMENT, TO THE EXTENT ALLEGED ARREARS HAVE BEEN PAID IN WHOLE OR
IN PART;
(9) IN A CASE IN WHICH THE RESPONDENT NEITHER APPEARED NOR WAS REPRES-
ENTED IN THE PROCEEDING IN THE ISSUING FOREIGN COUNTRY:
(I) IF THE LAW OF THAT COUNTRY PROVIDES FOR PRIOR NOTICE OF
PROCEEDINGS, THE RESPONDENT DID NOT HAVE PROPER NOTICE OF THE
PROCEEDINGS AND AN OPPORTUNITY TO BE HEARD; OR
(II) IF THE LAW OF THAT COUNTRY DOES NOT PROVIDE FOR PRIOR NOTICE OF
THE PROCEEDINGS, THE RESPONDENT DID NOT HAVE PROPER NOTICE OF THE ORDER
AND AN OPPORTUNITY TO BE HEARD IN A CHALLENGE OR APPEAL ON FACT OR LAW
BEFORE A TRIBUNAL; OR
(10) THE ORDER WAS MADE IN VIOLATION OF SECTION 580-711 OF THIS PART.
(C) IF A TRIBUNAL OF THIS STATE DOES NOT RECOGNIZE A CONVENTION
SUPPORT ORDER UNDER PARAGRAPH TWO, FOUR OR NINE OF SUBDIVISION (B) OF
THIS SECTION:
(1) THE TRIBUNAL MAY NOT DISMISS THE PROCEEDING WITHOUT ALLOWING A
REASONABLE TIME FOR A PARTY TO REQUEST THE ESTABLISHMENT OF A NEW
CONVENTION SUPPORT ORDER; AND
(2) THE STATE CHILD SUPPORT AGENCY SHALL TAKE ALL APPROPRIATE MEASURES
TO REQUEST A CHILD SUPPORT ORDER FOR THE OBLIGEE IF THE APPLICATION FOR
RECOGNITION AND ENFORCEMENT WAS RECEIVED UNDER SECTION 580-704 OF THIS
PART.
S 580-709. 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.
S 580-710. FOREIGN SUPPORT AGREEMENT. (A) EXCEPT AS OTHERWISE
PROVIDED IN SUBDIVISIONS (C) AND (D) OF THIS SECTION, 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:
A. 7636--B 27
(1) RECOGNITION AND ENFORCEMENT OF THE AGREEMENT IS MANIFESTLY INCOM-
PATIBLE WITH PUBLIC POLICY;
(2) THE AGREEMENT WAS OBTAINED BY FRAUD OR FALSIFICATION;
(3) THE AGREEMENT IS INCOMPATIBLE WITH A SUPPORT ORDER INVOLVING THE
SAME PARTIES AND HAVING THE SAME PURPOSE IN THIS STATE, ANOTHER STATE,
OR A FOREIGN COUNTRY IF THE SUPPORT ORDER IS ENTITLED TO RECOGNITION AND
ENFORCEMENT UNDER THIS ARTICLE IN THIS STATE; OR
(4) THE RECORD SUBMITTED UNDER SUBDIVISION (B) OF THIS SECTION LACKS
AUTHENTICITY OR INTEGRITY.
(E) A PROCEEDING FOR RECOGNITION AND ENFORCEMENT OF A FOREIGN SUPPORT
AGREEMENT MUST BE SUSPENDED DURING THE PENDENCY OF A CHALLENGE TO OR
APPEAL OF THE AGREEMENT BEFORE A TRIBUNAL OF ANOTHER STATE OR A FOREIGN
COUNTRY.
S 580-711. MODIFICATION OF CONVENTION CHILD SUPPORT ORDER. (A) A
TRIBUNAL OF THIS STATE MAY NOT MODIFY A CONVENTION CHILD SUPPORT ORDER
IF THE OBLIGEE REMAINS A RESIDENT OF THE FOREIGN COUNTRY WHERE THE
SUPPORT ORDER WAS ISSUED UNLESS:
(1) THE OBLIGEE SUBMITS TO THE JURISDICTION OF A TRIBUNAL OF THIS
STATE, EITHER EXPRESSLY OR BY DEFENDING ON THE MERITS OF THE CASE WITH-
OUT OBJECTING TO THE JURISDICTION AT THE FIRST AVAILABLE OPPORTUNITY; OR
(2) THE FOREIGN TRIBUNAL LACKS OR REFUSES TO EXERCISE JURISDICTION TO
MODIFY ITS SUPPORT ORDER OR ISSUE A NEW SUPPORT ORDER.
(B) IF A TRIBUNAL OF THIS STATE DOES NOT MODIFY A CONVENTION CHILD
SUPPORT ORDER BECAUSE THE ORDER IS NOT RECOGNIZED IN THIS STATE, SUBDI-
VISION (C) OF SECTION 580-708 OF THIS PART APPLIES.
S 580-712. PERSONAL INFORMATION; LIMIT ON USE. PERSONAL INFORMATION
GATHERED OR TRANSMITTED UNDER THIS PART MAY BE USED ONLY FOR THE
PURPOSES FOR WHICH IT WAS GATHERED OR TRANSMITTED.
S 580-713. RECORD IN ORIGINAL LANGUAGE; ENGLISH TRANSLATION. A RECORD
FILED WITH A TRIBUNAL OF THIS STATE UNDER THIS PART MUST BE IN THE
ORIGINAL LANGUAGE AND, IF NOT IN ENGLISH, MUST BE ACCOMPANIED BY AN
ENGLISH TRANSLATION.
PART 8
INTERSTATE RENDITION
SECTION 580-801. GROUNDS FOR RENDITION.
580-802. CONDITIONS OF RENDITION.
S 580-801. GROUNDS FOR RENDITION. (A) FOR PURPOSES OF THIS PART,
"GOVERNOR" INCLUDES AN INDIVIDUAL PERFORMING THE FUNCTIONS OF GOVERNOR
OR THE EXECUTIVE AUTHORITY OF A STATE COVERED BY THIS ARTICLE.
(B) THE GOVERNOR OF THIS STATE MAY:
(1) DEMAND THAT THE GOVERNOR OF ANOTHER STATE SURRENDER AN INDIVIDUAL
FOUND IN THE OTHER STATE WHO IS CHARGED CRIMINALLY IN THIS STATE WITH
HAVING FAILED TO PROVIDE FOR THE SUPPORT OF AN OBLIGEE; OR
(2) ON THE DEMAND OF THE GOVERNOR OF ANOTHER STATE, SURRENDER AN INDI-
VIDUAL FOUND IN THIS STATE WHO IS CHARGED CRIMINALLY IN THE OTHER STATE
WITH HAVING FAILED TO PROVIDE FOR THE SUPPORT OF AN OBLIGEE.
(C) A PROVISION FOR EXTRADITION OF INDIVIDUALS NOT INCONSISTENT WITH
THIS ARTICLE APPLIES TO THE DEMAND EVEN IF THE INDIVIDUAL WHOSE SURREN-
DER IS DEMANDED WAS NOT IN THE DEMANDING STATE WHEN THE CRIME WAS
ALLEGEDLY COMMITTED AND HAS NOT FLED THEREFROM.
S 580-802. CONDITIONS OF RENDITION. (A) BEFORE MAKING A DEMAND THAT
THE GOVERNOR OF ANOTHER STATE SURRENDER AN INDIVIDUAL CHARGED CRIMINALLY
IN THIS STATE WITH HAVING FAILED TO PROVIDE FOR THE SUPPORT OF AN OBLI-
GEE, THE GOVERNOR OF THIS STATE MAY REQUIRE A PROSECUTOR OF THIS STATE
TO DEMONSTRATE THAT AT LEAST SIXTY DAYS PREVIOUSLY THE OBLIGEE HAD
A. 7636--B 28
INITIATED PROCEEDINGS FOR SUPPORT PURSUANT TO THIS ARTICLE OR THAT THE
PROCEEDING WOULD BE OF NO AVAIL.
(B) IF, UNDER THIS ARTICLE OR A LAW SUBSTANTIALLY SIMILAR TO THIS
ARTICLE, THE GOVERNOR OF ANOTHER STATE MAKES A DEMAND THAT THE GOVERNOR
OF THIS STATE SURRENDER AN INDIVIDUAL CHARGED CRIMINALLY IN THAT STATE
WITH HAVING FAILED TO PROVIDE FOR THE SUPPORT OF A CHILD OR OTHER INDI-
VIDUAL TO WHOM A DUTY OF SUPPORT IS OWED, THE GOVERNOR MAY REQUIRE A
PROSECUTOR TO INVESTIGATE THE DEMAND AND REPORT WHETHER A PROCEEDING FOR
SUPPORT HAS BEEN INITIATED OR WOULD BE EFFECTIVE. IF IT APPEARS THAT A
PROCEEDING WOULD BE EFFECTIVE BUT HAS NOT BEEN INITIATED, THE GOVERNOR
MAY DELAY HONORING THE DEMAND FOR A REASONABLE TIME TO PERMIT THE INITI-
ATION OF A PROCEEDING.
(C) IF A PROCEEDING FOR SUPPORT HAS BEEN INITIATED AND THE INDIVIDUAL
WHOSE RENDITION IS DEMANDED PREVAILS, THE GOVERNOR MAY DECLINE TO HONOR
THE DEMAND. IF THE PETITIONER PREVAILS AND THE INDIVIDUAL WHOSE RENDI-
TION IS DEMANDED IS SUBJECT TO A SUPPORT ORDER, THE GOVERNOR MAY DECLINE
TO HONOR THE DEMAND IF THE INDIVIDUAL IS COMPLYING WITH THE SUPPORT
ORDER.
PART 9
MISCELLANEOUS PROVISIONS
SECTION 580-901. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
580-902. SEVERABILITY.
580-903. EFFECTIVE DATE.
S 580-901. UNIFORMITY OF APPLICATION AND CONSTRUCTION. IN APPLYING
AND CONSTRUING THIS UNIFORM ACT, CONSIDERATION MUST BE GIVEN TO THE NEED
TO PROMOTE UNIFORMITY OF THE LAW WITH RESPECT TO ITS SUBJECT MATTER
AMONG STATES THAT ENACT IT.
S 580-902. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR ITS
APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDI-
TY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE
WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION,
AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE SEVERABLE.
S 580-903. EFFECTIVE DATE. THIS ARTICLE SHALL TAKE EFFECT ON JANUARY
FIRST, TWO THOUSAND SIXTEEN; PROVIDED, HOWEVER, THAT IF IT SHALL BECOME
A LAW AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, IT SHALL BE DEEMED TO
HAVE BEEN IN FULL FORCE AND EFFECT ON AND AFTER JANUARY FIRST, TWO THOU-
SAND SIXTEEN; AND PROVIDED FURTHER, THAT THE PROVISIONS OF THIS ARTICLE
SHALL APPLY TO ANY ACTION OR PROCEEDING FILED OR ORDER ISSUED ON OR
BEFORE THE EFFECTIVE DATE OF THIS ARTICLE.
S 3. Section one of this act shall take effect on the ninetieth day
after it shall have become a law; and section two of this act shall take
effect consistent with section 580-903 of article 5-B of the family
court act, as added by section two of this act.
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