Initiation by state department of human services of support proceeding under Convention.

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(a) In a support proceeding under this part 7, the state department of human services 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 refusedunder section 14-5-708 (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 supportorder 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.

Source: L. 2015: Entire part R&RE, (HB 15-1198), ch. 173, p. 562, § 32, effective July 1.


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