TITLE 40. FAMILY LAW

CHAPTER 5. ENFORCEMENT OF SUPPORT

Part 10. Uniform Interstate Family Support Act

Initiation By Department Of Public Health And Human Services Of Support Proceeding Under Convention

40-5-1076. Initiation by department of public health and human services of support proceeding under convention. (1) In a support proceeding under 40-5-1073 through 40-5-1085, the department of public health and human services of this state shall:

(a) transmit and receive applications; and

(b) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

(2) The following support proceedings are available to an obligee under the convention:

(a) recognition or recognition and enforcement of a foreign support order;

(b) enforcement of a support order issued or recognized in this state;

(c) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

(d) establishment of a support order if recognition of a foreign support order is refused under 40-5-1080(2)(b), (2)(d), or (2)(i);

(e) modification of a support order of a tribunal of this state; and

(f) modification of a support order of a tribunal of another state or foreign country.

(3) The following support proceedings are available under the convention to an obligor against which there is an existing support order:

(a) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;

(b) modification of a support order of a tribunal of this state; and

(c) modification of a support order of a tribunal of another state or a foreign country.

(4) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.

History: En. Sec. 9, Ch. 174, L. 2015.