Direct request

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40-5-1077. Direct request. (1) 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.

(2) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, 40-5-1078 through 40-5-1085 apply.

(3) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:

(a) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and

(b) an obligee or 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 provided for by the law of this state under the same circumstances.

(4) A petitioner filing a direct request is not entitled to assistance from the department of public health and human services.

(5) Sections 40-5-1073 through 40-5-1085 do 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.

History: En. Sec. 10, Ch. 174, L. 2015.


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