Initiation by department of support proceeding under Convention.

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25-9C-704. Initiation by department of support proceeding under Convention.

(a) In a support proceeding pursuant to this Article, the Department of Social 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 refused pursuant to subsection 25-9C-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.

Source: SL 2015, ch 148, §704.


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