Initiation by Department of Human Services of Support Proceeding Under Convention

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  1. In a support proceeding under this part, the 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.
  2. 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 under § 36-5-2708(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.
  3. 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.
  4. 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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