Chapter 263
2011 -- S 1019
Enacted 07/09/11
A N A C T
RELATING TO
DOMESTIC RELATIONS -- UNIFORM INTERSTATE FAMILY SUPPORT ACT -- GENERAL
PROVISIONS
Introduced By: Senators Lynch, McCaffrey, and Jabour
Date Introduced: June 02, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 15-23.1-101, 15-23.1-102, 15-23.1-103,
15-23.1-201, 15-23.1-203,
15-23.1-204, 15-23.1-206,
15-23.1-207, 15-23.1-208, 15-23.1-209, 15-23.1-210, 15-23.1-211, 15-
23.1-301, 15-23.1-304,
15-23.1-305, 15-23.1-306, 15-23.1-307, 15-23.1-308, 15-23.1-310, 15-
23.1-311, 15-23.1-313,
15-23.1-316, 15-23.1-317, 15-23.1-318, 15-23.1-319, 15-23.1-401, 15-
23.1-504, 15-23.1-505,
15-23.1-507, 15-23.1-601, 15-23.1-602, 15-23.1-603, 15-23.1-604, 15-
23.1-605, 15-23.1-606,
15-23.1-607, 15-23.1-608, 15-23.1-609, 15-23.1-610, 15-23.1-611, 15-
23.1-615, 15-23.1-701,
15-23.1-901 and 15-23.1-904 of the General Laws in Chapter 15-23.1
entitled "Uniform Interstate Family Support Act" are
hereby amended to read as follows:
15-23.1-101.
Definitions. -- In this chapter:
(1) "Child"
means an individual, whether over or under the age of majority, who is or is
alleged to be owed a duty of support by the individual's
parent or who is or is alleged to be the
beneficiary of a support order directed to the parent.
(2) "Child support
order" means a support order for a child, including a child who has
attained the age of majority under the law of the issuing
state or foreign country.
(3) “Convention”
means the convention on the international recovery of child support and
other forms of family maintenance, concluded at
(3)(4)
"Duty of support" means an obligation imposed or imposable by law to
provide
support for a child, spouse, or former spouse, including an
unsatisfied obligation to provide
support.
(5) “Foreign country”
means a country, including a political subdivision thereof, other
than the
(i)
Which has been declared under the law of the
reciprocating country;
(ii) Which has
established a reciprocal arrangement for child support with this state as
provided in section 15-23.1-308;
(iii) Which has
enacted a law or established procedures for the issuance and enforcement
of support orders which are substantially similar to the
procedures under the chapter;
(iv)
In which the convention is in force with respect to the
(6) “Foreign support
order” means a support order of a foreign tribunal.
(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.
(4)(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 (6)
consecutive months immediately preceding
the time of filing of a petition or comparable pleading
for support and, if a child is less than six
(6) 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 (6) month or other
period.
(5)(9)
"Income" includes earnings or other periodic entitlements to money
from any
source and any other property subject to withholding for
support under the law of this state.
(6)(10)
"Income-withholding order" means an order or other legal process
directed to an
obligor's employer or other debtor, as defined by section
15-16-1 et seq., to withhold support
from the income of the obligor.
(7) "Initiating
state" means a state from which a proceeding is forwarded or in which a
proceeding is filed for forwarding to responding state under
this chapter or a law or procedure
substantially similar to this chapter.
(8)(11)
"Initiating tribunal" means the authorized tribunal in an
initiating of a state or
foreign country from 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.
(9)(13)
"Issuing state" means the state in which a tribunal issues a support
order or
renders a judgment determining parentage of a child.
(10)(14)
"Issuing tribunal" means the tribunal of a state or foreign
country that issues a
support order or renders a judgment determining
parentage of a child.
(11)(15)
"Law" includes decisional and statutory law and rules and regulations
having
the force of law.
(12)(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 has been issued or a judgment
determining parentage of a child has been rendered
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; or
(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 article 7.
(13)(17)
"Obligor" means an individual, or the estate
of a decedent that:
(i)
Who owes Owes or is alleged to owe a
duty of support;
(ii) Who is Is alleged but has not been
adjudicated to be a parent of a child; or
(iii) Who is Is liable under a support
order. ; or
(iv) Is a debtor in a
proceeding under Article 7 of this chapter.
(18) “Outside this
state” means a location in another state or a country other than the
United States, whether or not the
country is a foreign country.
(14)(19)
"Person" means an individual, corporation, business trust, estate,
trust,
partnership, limited liability company, association, joint
venture, public corporation, government,
or governmental subdivision, agency, or instrumentality,
public corporation, or any other legal or
commercial entity.
(15)(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.
(16)(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
foreign country in the registry of the
Rhode Island family court.
(17)(22)
"Registering tribunal" means a tribunal in which a support order or
judgment
determining parentage of a child is registered.
(18)(23)
"Responding state" means a state in which a proceeding petition
for support or
to determine parentage of a child is filed or to which a proceeding petition
is forwarded for filing
from an initiating another state or
foreign country under this chapter or a law substantially similar
to this chapter.
(19)(24)
"Responding tribunal" means the authorized tribunal in a responding
state or
foreign country.
(20)(25)
"Spousal-support order" means a support order for a spouse or former
spouse of
the obligor.
(21)(26)
"State" means a state of the
Rico, the United States
jurisdiction of the :
(i)
An Indian tribe; and
(ii) A foreign
country or political subdivision that:
(a) Has been
declared to be a foreign reciprocating country or political subdivision under
federal law;
(b) Has established
a reciprocal arrangement for child support with this state as provided
in section 15-23.1-308; or
(c) Has enacted a law
or established procedures for issuance and enforcement of support
orders which are substantially similar to the procedures
under this chapter.
(22)(27)
"Support enforcement agency" means a public official, government
entity or
private or agency authorized to seek:
(i)
Enforcement Seek enforcement of support orders or laws relating
to the duty of
support;
(ii) Establishment
Seek establishment or modification of child support;
(iii) Determination
Request determination of parentage of a child;
(iv) Location
Attempt to locate of obligors or their assets; or
(v) Determination
Request determination of the controlling child support order.
(23)(28)
"Support order" means a judgment, decree, order, decision, or
directive,
whether temporary, final, or subject to modification, issued by
a tribunal 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, arrearages, retroactive support,
or reimbursement, for financial assistance
provided to an individual obligee in
place of child support. and The term may include related
costs and fees, interest, income withholding, automatic
adjustment, reasonable attorney's
fees, and other relief.
(24)(29)
"Tribunal" means a court, administrative agency, or quasi-judicial
entity
authorized to establish, enforce, or modify support orders or to
determine parentage of a child.
15-23.1-102. Tribunals
of this state State tribunals and support
enforcement agency.
– (a)
The Rhode Island family court, and, where specifically authorized by law, the
division of taxation within the department of administration
are the tribunals of this state.
(b) The
Island division of taxation within
the department of administration are the support enforcement
agencies of this state.
15-23.1-103.
Remedies cumulative. -- (a) Remedies provided by
this chapter are
cumulative and do not affect the availability of remedies under
other law, including or the
recognition of a foreign support order of a foreign
country or political subdivision on the basis of
comity.
(b) This chapter does
not:
(1) Provide the
exclusive method of establishing or enforcing a support order under the
law of this state; or
(2) Grant a tribunal of
this state jurisdiction to render judgment or issue an order relating
to child custody or visitation in a proceeding under
this chapter.
15-23.1-201. Bases
for jurisdiction over nonresident. -- (a) In
proceeding 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
conservator if:
(1) The individual is
personally served within this state pursuant to the Rules of
Domestic Relations;
(2) The individual
submits to the jurisdiction of this state by consent in a record, by
entering a general appearance, or by filing a responsive
document 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 directives 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
acknowledged paternity parentage of a child by completing an
affidavit of paternity signed by both parents; 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 subsection (a) or in any other law of
this state may not be used to acquire personal jurisdiction
for a tribunal of the this state to modify
a child support order of another state unless the
requirements of section 15-23.1-611 or, in the
case of a foreign support order, unless the requirements
of section 15-23.1-615 are met.
15-23.1-203.
Initiating and responding tribunal of state. --
Under this chapter, 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
country.
15-23.1-204.
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
petition or comparable 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 jurisdiction in the other state
or the foreign country; and
(3) If relevant, the
other state is the home state of the child.
(b) A tribunal of this
state may not exercise jurisdiction to establish 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 jurisdiction by this state;
(2) The contesting party
timely challenges the exercise of jurisdiction in this state; and
(3) If relevant, the
other state is the home state or foreign country of the child.
15-23.1-206.
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 tribunal 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 pursuant
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.
15-23.1-207.
Determination of controlling child support order. --
(a) If a proceeding is
brought under this chapter, and only one tribunal has issued
a child support order, the order of
that tribunal controls and must be so recognized.
(b) If a proceeding is
brought under this chapter, and two (2) or more child support
orders have been issued by tribunals of this state, or
another state or a foreign country with regard
to the same obligor and same child, a tribunal of this
state having personal jurisdiction over both
the obligor and the individual obligee
shall apply the following rules and by order shall determine
which order controls and must be recognized.
(1) If only one of the
tribunals would have continuing, exclusive jurisdiction under this
chapter, the order of that tribunal controls and must be
so recognized.
(2) If more than one of
the tribunals would have continuing, exclusive jurisdiction under
this chapter: (i) an order
issued by a tribunal in the current home state of the child controls; but
(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 jurisdiction under this
chapter, the tribunal of this state shall issue a child
support order, which controls.
(c) If two (2) 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 subsection
(b) of this section. The request
may be filed with a registration for enforcement or registration
for modification pursuant to
Article 6, 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 determination.
(e) The tribunal that
issued the controlling order under subsection (a),
(b), or (c) of this
section has continuing jurisdiction to the extent provided in
section 15-23.1-205 or section 15-
23.1-206.
(f) A tribunal of this
state that determines by order which is the controlling order under
subdivision (1) or (2) of subsection (b) or subsection (c), or
that issues a new controlling order
under subdivision (3) of subsection (b) 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 15-23.1-209.
(g) Within thirty (30)
days after issuance of an order determining which is the
controlling order, the party obtaining the order shall file a
certified copy of it with 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 chapter.
15-23.1-208.
Child-support orders for two or more obligees. --
In responding to
registrations or petitions for enforcement of two (2) or more child
support orders in effect at the
same time with regard to the same obligor 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.
15-23.1-209.
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, or another state or a
foreign country.
15-23.1-210.
Application of chapter to nonresident subject to personal jurisdiction.
-
- A
tribunal of this state exercising personal jurisdiction over a nonresident in a
proceeding under
this chapter, under other law of this state relating to a
support order, or recognizing a foreign
support order of a foreign country or political
subdivision on the basis of comity may receive
evidence from another outside this state
pursuant to section 15-23.1-316, communicate with a
tribunal of another outside this state pursuant
to section 15-23.1-317, and obtain discovery
through of another outside this state pursuant
to section 15-23.1-318. In all other respects,
Articles 3 through 7 sections 301 through 616 of this chapter do not apply and the
tribunal shall
apply the procedural and substantive law of this state.
15-23.1-211.
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 jurisdiction 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 jurisdiction 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.
15-23.1-301.
Proceedings under this chapter. -- (a) Except as otherwise provided in
this chapter, this article applies to all proceedings
under this chapter.
(b) An individual
petitioner or a support enforcement agency may initiate a proceeding
authorized under this chapter 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.
15-23.1-304.
Duties of initiating tribunal. -- (a) Upon the filing of a petition authorized
by this chapter, 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 state tribunal is in a foreign
country or political subdivision, 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 state foreign tribunal.
15-23.1-305.
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 section 15-23.1-301(b) 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) Issue Establish
or enforce a support order, modify a child support order, determine
the controlling child support order, or to 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 body
attachment for an obligor who has failed, after proper notice, to appear
at a hearing ordered by the tribunal and enter the body
attachment 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
chapter, 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 chapter upon compliance by a party with
provisions for visitation.
(e) If a responding
tribunal of this state issues an order under this chapter, the tribunal
shall send a copy of the order by first class mail 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 tribunal of this
state shall convert the amount stated in
the foreign currency to the equivalent amount in dollars
under the applicable official or market
exchange rate as publicly reported.
15-23.1-306. Inappropriate tribunal. -- If a petition or
comparable pleading is received
by an inappropriate tribunal of this state, the tribunal
shall forward the pleading and
accompanying documents to an appropriate tribunal in of
this state or another state and notify the
petitioner where and when the pleading was sent.
15-23.1-307.
Duties of support enforcement agency. -- (a) A
support enforcement
agency of this state, upon request, shall provide services
to a petitioner in a proceeding under this
chapter.
(b) A support
enforcement agency of this state that is providing services to the petitioner
shall:
(1) Take all steps
necessary to enable an appropriate tribunal in this state or another state
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 two (2)
days, exclusive of Saturdays, Sundays, and legal holidays, after
receipt of notice in a record from an initiating, responding,
or registering tribunal, send a copy of
the notice to the petitioner;
(5) Within two (2)
days, exclusive of Saturdays, Sundays, and legal holidays, after
receipt of in a record communication from the respondent, or
the respondent's attorney, send a
copy of the communication to the petitioner; and
(6) Notify the
petitioner if jurisdiction over the respondent cannot be obtained.
(c) A support
enforcement agency of this state that requests registration 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 (2) 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 registration and enforcement
of a support order, arrears, or judgment stated in a
foreign currency shall convert the amounts
stated in the foreign currency 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
another state pursuant to section 319 of the Uniform
Interstate Family Support Act.
(f) This chapter 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.
15-23.1-308.
Duty of attorney general. -- (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 chapter or may provide
those services directly to the individual.
(b) The attorney
general may determine that a foreign country or political subdivision
has established a reciprocal arrangement for
child-support with this state and take appropriate
action for notification of the determination.
15-23.1-310.
Duties of state information agency. -- (a) The division of taxation within
the department of administration is the state information
agency under this chapter.
(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 chapter 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
chapter received from an initiating
tribunal or the state information agency of the initiating
state 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 means such
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, drivers' licenses, and social security.
15-23.1-311.
Pleadings and accompanying documents. -- (a) In a proceeding under this
chapter, 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
verified petition. Unless otherwise ordered under section
15-23.1-312, 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.
15-23.1-313.
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 the responding state or foreign country,
except as provided by other law. Attorney's
fees may be ordered 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 Article 6,
sections 15-23.1-601 -- 15-23.1-614, a hearing is presumed to
have been requested primarily for
delay if a registered support order is confirmed or
enforced without change.
15-23.1-316.
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 modification of a support order or
the rendition of a judgment
determining parentage of a child.
(b) An affidavit, a
document substantially complying with federal 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 in another 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 (10) 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 another 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 chapter, a tribunal of this state shall permit a party or
witness residing in another outside this state
to be deposed or to testify by telephone, audiovisual
means, or other electronic means at a designated tribunal
or other location in that state. A tribunal
of this state shall cooperate with other
tribunals of other states in designating 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 chapter.
(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 chapter.
(j) A voluntary
acknowledgement of paternity, certified as a true copy, is admissible to
establish parentage of the child.
15-23.1-317.
Communications between tribunals. -- A tribunal of
this state may
communicate with a tribunal of another outside this
state or foreign country or political
subdivision 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 in the other state or foreign country
or political subdivision. A tribunal of this
state may furnish similar information by similar means to a
tribunal of another outside this state
or foreign country or political subdivision.
15-23.1-318.
Assistance with discovery. -- A tribunal of this
state may:
(1) Request a tribunal of
another outside this state to assist in obtaining discovery; and
(2) Upon request,
compel a person over whom which it has jurisdiction to respond to
a
discovery order issued by a tribunal of another outside
this state.
15-23.1-319.
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 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 the support enforcement
agency of this state or another state, the
support enforcement agency of this state 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-withholding order or
an administrative notice of change of payee, reflecting
the redirected payments.
(c) The support
enforcement agency of this state receiving redirected payments from
another state pursuant to a law similar to subsection (b)
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.
ARTICLE 4
ESTABLISHMENT OF SUPPORT
ORDER
ESTABLISHMENT OF SUPPORT
ORDER OR DETERMINATION OF PARENTAGE
15-23.1-401. Petition
to establish support order Establishment of support order. --
(a) If a support order entitled to recognition under
this chapter has not been issued, a responding
tribunal of this state with personal jurisdiction over the
parties may issue a support order if:
(1) The individual
seeking the order resides of another outside this state; or
(2) The support
enforcement agency seeking the order is located of another outside
this
state.
(b) The tribunal may
issue a temporary child support order if the tribunal determined 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 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 15-23.1-305.
ARTICLE 5
ENFORCEMENT OF ANOTHER
STATE WITHOUT REGISTRATION
ENFORCEMENT OF SUPPORT
WITHOUT REGISTRATION
15-23.1-504.
Immunity from civil liability. -- An employer who
that complies with an
income-withholding order issued in another state in accordance with this
article is not subject to
civil liability to any individual or agency with regard to
the employer's withholding of child
support from the obligor's income.
15-23.1-505.
Penalties for noncompliance. -- An employer who
that willfully fails to
comply with an income-withholding order issued by 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.
15-23.1-507.
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 by a tribunal of 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
chapter.
15-23.1-601.
Registration of order for enforcement. -- A
support order or income-
withholding order issued by a tribunal of in
another state may be registered in this state or a
foreign support order
may be registered in this state for enforcement.
15-23.1-602.
Procedure to register order for enforcement. --
(a) A Except as otherwise
provided in section 15-23.1-706, a support order or income-withholding order of another
state
may be registered in this state or foreign support
order by sending the following records and
information to the appropriate tribunal in this state:
(1) A letter of
transmittal to the tribunal requesting registration and enforcement;
(2) Two (2) 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 15-23.1-312, 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 a foreign judgment an order of
a tribunal of another state or a foreign support order,
together with one copy of the documents 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.
(d) If two (2) or more
orders are in effect, the person requesting registration 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 enforcement or
for registration and modification.
The person requesting registration shall give notice
of the request to each party whose rights may
be affected by the determination.
15-23.1-603.
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.
15-23.1-604.
Choice of law. -- (a) Except
as otherwise provided in subsection (d), 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 or foreign country to enforce current support
and collect arrears and interest due on a
support order of another state registered in this state.
(d) After a tribunal of
this 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.
15-23.1-605.
Notice of registration of order. -- (a) When a
support order or income-
withholding order issued in another state or 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 accompanying the order.
(b) A notice must
inform the non-registering party:
(1) That a registered
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 (20) days after notice unless the
registered order is under section 15-
23.1-707;
(3) That failure to
contest the validity or enforcement of the registered order in a timely
manner will result in confirmation of the order and
enforcement of the order and the alleged
arrearages, and precludes further contest of that order with respect
to any matter that could have
been asserted; and
(4) Of the amount of
any alleged arrearages.
(c) If the registering
party asserts that two (2) or more orders are in effect, a notice must
also:
(1) Identify the two
(2) or more orders and the order alleged by the registering person
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 subsection (b) 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 the
income-withholding law of this state.
15-23.1-606. Procedure
to contest validity or enforcement of registered order
Procedure to contest validity
or enforcement of registered support order. -- (a)
A non-
registering party seeking to contest the validity or enforcement
of a registered order in this state
shall request a hearing within twenty (20) days after
notice of the registration the time required by
section 605. The
non-registering party may seek to vacate the registration, to assert any
defense to
an allegation of noncompliance with the registered
order, or to contest the remedies being sought
or the amount of any alleged arrearages pursuant to
section 15-23.1-607.
(b) If the
non-registering party fails to contest the validity or enforcement of the
registered order in a timely manner, the order is confirmed by
operation of law.
(c) If a
non-registering party requests a hearing to contest the validity or enforcement
of
the registered order, the registering tribunal shall
schedule the matter for a hearing and give notice
to the parties of the date, time, and place of the
hearing.
15-23.1-607.
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;
(6) Full or partial
payment has been made;
(7) The statute of
limitations under section 15-23.1-604 (Choice of law) precludes
enforcement of some or all of the 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 subsection (a)
of this section, a tribunal may stay enforcement of the
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 subsection (a) of this section
to the validity or enforcement of the a
registered support order, the registering tribunal shall issue
an order confirming the order.
15-23.1-608.
Confirmed order. -- Confirmation of a registered support
order, whether
by operation of law or after notice and a hearing,
precludes further contest of the order with
respect to any matter that could have been asserted at the
time of registration.
PART 3. REGISTRATION AND MODIFICATION OF CHILD-SUPPORT ORDER
PART 3. REGISTRATION AND MODIFICATION OF CHILD-SUPPORT ORDER
OF
ANOTHER STATE
15-23.1-609.
Procedure to register child support order of another state for
modification. -- A
party or support enforcement agency seeking to modify, 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 Part 1, sections
15-23.1-601 -- 15-23.1-602 through 15-23-1.608, 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.
15-23.1-610.
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
15-23.1-611, or 15-23.1-613 or 15-23.1-615
have been met.
15-23.1-611.
Modification of child support order of another state. --
(a) If section 15-
23.1-613 does not apply, except as otherwise
provided in section 15-23.1-615, upon petition a
tribunal of this state may modify a child support order issued
in another state which is registered
in this state if after notice and hearing the tribunal
finds that:
(1) The following
requirements are met:
(i)
Neither 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 modification; and
(iii) The respondent is
subject to the personal jurisdiction of the tribunal of this state; or
(2) This state is the state
of 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 consent 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 modification of an
order issued by a tribunal of this
state and the order may be enforced and satisfied in the
same manner.
(c) Except as
otherwise provided in section 15-23.1-615, 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 (2) or more tribunals have issued
child support orders for the same obligor and child, the
order that controls and must be so
recognized under section 15-23.1-207 establishes the aspects of
the support order which are non-
modifiable.
(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 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 of continuing, exclusive
jurisdiction.
(f) Notwithstanding
subsections (a) through (e) and subsection 15-23.1-201(b), 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
PART 4. REGISTRATION ENFORCEMENT AND MODIFICATION OF FOREIGN
CHILD-SUPPORT ORDER
15-23.1-615. Jurisdiction
to modify child-support order of foreign country or
political subdivision Jurisdiction to modify child-support order of foreign
country. -- (a)
Except as otherwise provided in section 15-23.1-711,
if If
a foreign country or political
subdivision that is a state will not or may not modify its order 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 or not
the consent to modification of a child-support
order otherwise required of the individual pursuant to
section 15-23.1-611 has been given or
whether the individual seeking modification is a resident of
this state or of the foreign country or
political subdivision.
(b) An order issued by
a tribunal of this state modifying a foreign child-support order
pursuant to this section is the controlling order.
ARTICLE 7
DETERMINATION OF
PARENTAGE
DETERMINATION OF
PARENTAGE SUPPORT PROCEEDING UNDER
CONVENTION
15-23.1-701. Proceeding to determine parentage Definitions.
-- A court of this state
authorized to determine parentage of a child may serve as a
responding tribunal in a proceeding to
determine parentage brought under this chapter or a law
substantially similar to this chapter.
In
this chapter:
(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
country described in subdivision 15-23.1-101(5)(iv) to
perform the functions specified in the
convention.
(3) “Convention
support order” means a support order of a tribunal of a foreign country
described in subdivision 15-23.1-101(5)(iv).
(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
(5) “Foreign central
authority” means the entity designated by a foreign country
described in subdivision 15-23.1-101(5)(iv) to perform the
functions specified in the convention.
(6) “Foreign support
agreement”:
(i)
An agreement for support in a record that:
(A) Is enforceable as a support order in the country of origin;
(B) Has been:
(I) Formally drawn up or registered as an authentic instrument
by a foreign tribunal; or
(II) 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) “
of health and human services.
15-23.1-901.
Uniformity of application and construction. -- In
applying and construing
this Uniform Act 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.
15-23.1-904.
Effective date. -- This chapter, as amended, takes
effect July 1, 2006 six (6)
months after either congress amending 42 USC section 666(f)
to allow or require states to adopt
this version of the uniform interstate family support act,
or six (6) months after the state obtaining
a waiver of its state plan requirement under title IV-D
of the social security act.
SECTION 2. Sections 15-23.1-905 and 15-23.1-907 of the
General Laws in Chapter 15-
23.1 entitled "Uniform
Interstate Family Support Act" are hereby repealed.
15-23.1-905.
Jurisdiction. -- The
authorized by law, the
shall have jurisdiction of any proceeding under this
chapter.
15-23.1-907.
Remedies of state or political subdivision furnishing support. --
(a)
Except in cases involving fraud, misrepresentation, or
false statement, if a state or a political
subdivision furnishes support to an individual obligee, it shall not have the right to initiate a
proceeding under this chapter for the purpose of securing
reimbursement for support furnished.
The state shall have the right to initiate a
proceeding for the purpose of:
(1) Obtaining
continuing support; and/or
(2) Reimbursement in
cases of fraud, misrepresentation, or false statement.
(b) The state shall have
the right to recover all arrearages in court ordered support
payments which were ordered or agreed to for continuing
support and not for reimbursement of
aid to families with dependent children (AFDC).
(c) Except to the
extent that support furnished was obtained by fraud, misrepresentation
or false statement, the state, through the department of
administration, division of taxation, child
support enforcement, shall take all necessary action,
including court action, to dismiss all
proceedings relating to reimbursement for support furnished and
to vacate any orders relating to
reimbursement for support furnished. The department shall further
take all necessary action to
discharge all liens against real estate and/or personal
property which resulted from a proceeding
for reimbursement for support furnished.
(d) No person who
has paid the state any sum as a result of a proceeding for
reimbursement of support furnished shall be entitled to a refund of
the amount paid or a credit of
the amount paid against a continuing support obligation
or an arrearage of a support obligation.
SECTION 3. Chapter 15-23.1 of the General Laws entitled
"Uniform Interstate Family
Support Act" is hereby
amended by adding thereto the following sections:
15-23.1-104.
Application of this chapter to resident of foreign country and foreign
support proceeding. – (a) A tribunal of this state shall apply this chapter to a support
proceeding
involving:
(1) A foreign support
order;
(2) A foreign tribunal;
or
(3) An obligee, obligor or a 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 this chapter.
(c) Article 7 of this
chapter applies only to a support proceeding under the convention. In
such a proceeding, if a provision of article 7 is
inconsistent with articles 1 through 6, the
provisions of article 7 controls.
15-23.1-402. 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 act or a law or
procedure substantially similar to this act.
15-23.1-616.
Procedure to register child-support order of foreign country 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 15-23.1-601 through 15-23.1-608 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 specify the grounds for
modification.
15-23.1-702.
Applicability. – This chapter applies only to a
support proceeding under the
convention. In such a proceeding, if a provision of this article
is inconsistent with articles 1
through 6, this article controls.
15-23.1-703.
Relationship of the
authority. – The
court of this state is recognized as the agency designated by the
central authority to perform specific functions under the
convention.
15-23.1-704.
Initiation by the
convention. – (a)
In a support proceeding under this chapter, the court
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 support
order if recognition of a foreign support order is refused
under subdivision 15-23.1-708(b)(2), (4) or (9);
(5) Modification of a
support order of a tribunal of this state; and
(6) Modification of a
support order of a tribunal of another state or a foreign country.
(c) The following
support proceedings are available under the convention 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 deposit, however described,
to guarantee the payment of costs and expenses in
proceedings under the convention.
15-23.1-705. Direct request. – (a) A petitioner may file a
direct request seeking
establishment or modification of a support order or determination
of parentage of a child. In the
proceeding, the law of this state applies.
(b) A petitioner may
file a direct request seeking recognition and enforcement of a
support order or support agreement. In the proceeding,
sections 15-23.1-706 through 15-23.1-713
apply.
(c) In a direct
request for recognition and enforcement of a convention support order or
foreign support agreement:
(1) A security, bond,
or deposit is not required to guarantee the payment of costs and
expenses; and
(2) An obligee of 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 provide
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 court.
(e) This chapter 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.
15-23.1-706.
Registration of convention support order. – (a) Except
as otherwise
provided in this article, a party who is an individual or a
support enforcement agency seeking
recognition of a convention support order shall register the
order in this state as provided in
article 6.
(b) Notwithstanding
section 15-23.1-311 and subsection 15-23.1-602(a), a request for
registration of a convention support order must be accompanied by:
(1) A complete text
of the support order or an abstract or extract of the support order
drawn up by the issuing foreign tribunal, which may be in
the form recommended by
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
(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 convention support order
without the filing of a contest under section 15-23.1-707
only if, acting on its own motion, the
tribunal finds that recognition and enforcement of the order
would be manifestly incompatible
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.
15-23.1-707.
Contest of registered convention support order. – (a) Except as
otherwise provided in this chapter, sections 605 through 608
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 (30) days after notice of the registration,
but if the contesting party does not reside in
the United States, the contest must be filed not later
than sixty (60) days after the notice of the
registration.
(c) If the nonregistering party fails to contest the registered
convention support order by
the time specified in subsection (b), the order is
enforceable.
(d) A contest of a
registered convention support order may be based only on grounds set
forth in section 15-23.1-708. The contesting 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 decision.
(g) A challenge or
appeal, if any, does not stay the enforcement of a convention support
order unless there are exceptional circumstances.
15-23.1-708.
Recognition and enforcement of registered convention support order. –
(a) Except as otherwise provide in subsection (b), a
tribunal of this state shall recognize and
enforce a registered convention support order.
(b) The following grounds
are the only grounds on which a tribunal of this state may
refuse recognition and enforcement of a registered
convention support order;
(1) Recognition and
enforcement of the order is manifestly incompatible with public
policy, including the failure of the issuing tribunal to
observe minimum standards of due process,
which include notice and an opportunity to be heard;
(2) The issuing
tribunal lacked personal jurisdiction consistent with section 201;
(3) The order is not
enforceable in the issuing country;
(4) The order was
obtained by fraud in connection with a matter or procedure;
(5) A record
transmitted in accordance with section 15-23.1-706 lacks authenticity;
(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 involving the same parties
and having the same purpose if the more recent support
order is entitled to recognition and
enforcement under this chapter 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 represented in the
proceeding in the issuing foreign country:
(i)
If the law or that a 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 15-23.1-711.
(c) If a tribunal of
this state does not recognize a convention support order under
subsection (b)(2), (4), (6), or (9):
(1) The tribunal may
not dismiss the proceeding without allowing a reasonable time for
party to request the establishment of a new convention
support order; and
(2) The court 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 15-23.1-
704.
15-23.1-709.
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.
15-23.1-710.
Foreign support agreement. – (a)
Except as otherwise provided in
subsections (c) and (d), a tribunal of this state shall recognize
and enforce a foreign support
agreement registered in this state.
(b) An application or
direct request for recognition and enforcement of a foreign support
agreement must be accompanied by:
(1) A complete text
of the foreign support agreement; and
(2) A record stating
that the foreign support agreement is enforceable as an order of
support in the issuing country.
(c) A tribunal of
this state may vacate the registration of a foreign support agreement only
if, acting on its own motion; the tribunal finds that
recognition and enforcement would be
manifestly incompatible with public policy.
(d) In a contest of a
foreign support agreement, a tribunal of this state may refuse
recognition and enforcement of the agreement if it finds:
(1) Recognition and
enforcement of the agreement is manifestly incompatible with public
policy;
(2) The agreement 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 chapter in
this state; or
(4) The record
submitted under subsection (b) 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.
15-23.1-711.
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 without 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, subsection
15-23.1-708(c) applies.
15-23.1-712.
Personal information; Limit on use. -- Personal
information gathered or
transmitted under this chapter may be used only for the purposes
for which it was gathered or
transmitted.
15-23.1-713.
Record in original language; English translation. -- A
record filed with a
tribunal of this state under this chapter must be in the
original language and, if not in English,
must be accompanied by an English translation.
15-23.1-902.
Transitional provision. – This chapter applies
to proceedings begun on or
after the effective date of this act to establish a support
order or determine parentage of a child or
to register, recognize, enforce, or modify a prior
support order, determination, or agreement,
whenever issued or entered.
SECTION 4. This act shall take effect six (6) months after
either congress amending 42
USC section 666(f) to allow
or require states to adopt this version of the uniform interstate family
support act, or six (6) months after the state obtaining a
waiver of its state plan requirement under
title IV-D of the social security act.
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LC02816
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