(A) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this State shall notify the nonregistering party. Notice must be given by first-class, certified, or registered mail or by any means of personal service authorized by the law of this State. 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 nonregistering 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 days after notice unless the registered order is under Section 63-17-3940;
(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
(4) of the amount of any alleged arrearages.
(C) If the registering party asserts that two or more orders are in effect, a notice also must:
(1) identify the two or more orders and the order alleged by the registering 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 Articles 11, 13, and 15.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 2; 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
Effect of Amendment
2015 Act No. 33, Section 1, in (A), inserted "or a foreign support order" and "of this State" in the first sentence; in (B)(2), inserted "unless the registered order is under Section 63-17-3940"; in (C)(1), substituted "party" for "person"; and in (D), inserted "the support enforcement agency or".