Initiation by Office of Child Support Enforcement of support proceeding under Convention

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  1. (a) In a support proceeding under this article, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration of this state shall:

    1. (1) transmit and receive applications; and

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

  2. (b) The following support proceedings are available to an obligee under the Convention:

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

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

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

    4. (4) establishment of a support order if recognition of a foreign support order is refused under § 9-17-708(b)(2), (4), or (9);

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

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

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

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

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

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

  4. (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.


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