Initiation by department of support proceeding under convention.

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769.704 Initiation by department of support proceeding under convention.

(1) In a support proceeding under this subchapter, the department shall do all of the following:

(a) Transmit and receive applications.

(b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

(2) All of the following support proceedings are available to an obligee under the convention:

(a) Recognition or recognition and enforcement of a foreign support order.

(b) Enforcement of a support order issued or recognized in this state.

(c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child.

(d) Establishment of a support order if recognition of a foreign support order is refused under s. 769.708 (2) (b), (d), or (i).

(e) Modification of a support order of a tribunal of this state.

(f) Modification of a support order of a tribunal of another state or a foreign country.

(3) All of the following support proceedings are available under the convention to an obligor against which there is an existing support order:

(a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state.

(b) Modification of a support order of a tribunal of this state.

(c) 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.

History: 2009 a. 321; 2015 a. 82 s. 12.


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