40-5-263. Central clearinghouse -- interstate enforcement services -- powers and duties of the department. (1) The department shall establish a clearinghouse for the registration of all interstate IV-D cases referred to the department by other states. The clearinghouse shall serve as the central point for the receipt and dissemination of information regarding interstate enforcement requests, including but not limited to:
     (a) petitions under the Revised Uniform Reciprocal Enforcement of Support Act, Uniform Reciprocal Enforcement of Support Act, or the Uniform Interstate Family Support Act; and
     (b) wage withholding requests under part 4 of this chapter.
     (2) (a) A case must be referred to the clearinghouse to be processed as a IV-D case and receive the benefits of IV-D status and clearinghouse services.
     (b) The clearinghouse may accept any interstate IV-D referral made by interstate application or by petition under the Revised Uniform Reciprocal Enforcement of Support Act or the Uniform Interstate Family Support Act. An application must be made on forms prescribed by the department.
     (3) Upon certification by the initiating state that a case filed in the registry of foreign support orders, including a petition under the Uniform Reciprocal Enforcement of Support Act, the Revised Uniform Reciprocal Enforcement of Support Act, or the Uniform Interstate Family Support Act, is eligible for IV-D services and that the obligor resides, has property, or derives income in this state, the department may:
     (a) proceed under Title 40, chapter 5, part 1; or
     (b) pursue any other remedy available to it to establish or enforce a support order.
     (4) If necessary, the department shall establish the paternity of the child.
     (5) The clearinghouse shall:
     (a) review and acknowledge receipt of any interstate IV-D referral;
     (b) request missing information from the initiating state;
     (c) determine appropriate enforcement remedies and forward the referral to the appropriate enforcement unit;
     (d) provide status updates to the initiating state, including the location of the responsible enforcement unit;
     (e) locate an obligor and the obligor's assets, if necessary; and
     (f) initiate a IV-D referral if services are provided by the department to a resident of this state and the obligor resides outside the state.
     (6) If the department is providing support enforcement services to a resident of this state, the director or the director's designee may certify any interstate petition, application, and referral, including a petition under part 1 of this chapter.
     (7) A lien created by operation of law or issued by order of a court or IV-D agency in another state to enforce a support order may, at the request of the other IV-D agency, be registered with the department. Upon registration, the lien applies to any of the obligor's real and personal property located in this state with the same force and effect as a lien established under 40-5-248. At the request of the other IV-D agency, a registered lien may be enforced by the department using any remedy available to enforce a support lien under 40-5-248.

     History: En. Sec. 2, Ch. 287, L. 1989; amd. Sec. 56, Ch. 328, L. 1993; amd. Sec. 52, Ch. 552, L. 1997.