Chapter
076
2006 -- H 7336 SUBSTITUTE A
Enacted 06/14/06
A N A C T
RELATING
TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT
Introduced
By: Representatives Corvese, Lewiss, San Bento, and Gallison
Date
Introduced: February 15, 2006
It is enacted by the General Assembly as
follows:
SECTION
1. Chapter 15-23.1 of the General Laws entitled "Uniform Interstate Family
Support
Act" is hereby amended by adding the
following section:
15-23.1-100. Short title. – This act shall be known
and maybe cited as "The Uniform
Interstate Family Support Act of 2006".
SECTION 2.
Sections 15-23.1-101, 15-23.1-102, 15-23.1-103, 15-23.1-201, 15-23.1-202,
15-23.1-204, 15-23.1-205, 15-23.1-206,
15-23.1-207, 15-23.1-208, 15-23.1-209, 15-23.1-301,
15-23.1-302, 15-23.1-303, 15-23.1-304,
15-23.1-305, 15-23.1-306, 15-23.1-307, 15-23.1-308,
15-23.1-310, 15-23.1-311, 15-23.1-312,
15-23.1-313, 15-23.1-314, 15-23.1-316, 15-23.1-317,
15-23.1-319, 15-23.1-401, 15-23.1-501,
15-23.1-502, 15-23.1-503, 15-23.1-506, 15-23.1-507,
15-23.1-602, 15-23.1-604, 15-23.1-605,
15-23.1-606, 15-23.1-607, 15-23.1-609, 15-23.1-610,
15-23.1-611, 15-23.1-612, 15-23.1-701, 15-23.1-801,
15-23.1-802, 15-23.1-901 and 15-23.1-904
of the General Laws in Chapter 15-23.1 entitled
"Uniform Interstate Family Support
Act" are hereby amended to read as follows:
15-23.1-101.
Definitions. -- In this chapter:
(1)
"Child" means an individual, whether over or under the age of
majority, who is or is
alleged to be owed a duty of support by the
individual's parent or who is or is alleged to be the
beneficiary of a support order directed to the
parent.
(2) "Child
support order" means a support order for a child, including a child who
has
attained the age of majority under the law of the
issuing state.
(3) "Duty of
support" means an obligation imposed or imposable by law to provide
support for a child, spouse, or former spouse,
including an unsatisfied obligation to provide
support.
(4) "Home
state" means the state in which a child lived with a parent or a person
acting
as parent for at least six (6) consecutive
months immediately preceding the time of filing of a
petition or comparable pleading for support and,
if a child is less than six (6) months old, the state
in which the child lived from birth with any of
them. A period of temporary absence of any of
them is counted as part of the six (6) month or
other period.
(5)
"Income" includes earnings or other periodic entitlements to money
from any source
and any other property subject to withholding
for support under the law of this state.
(6)
"Income-withholding order" means an order or other legal process
directed to an
obligor's employer or other debtor, as defined
by section 15-16-1 et seq., to withhold support
from the income of the obligor.
(7)
"Initiating state" means a state from which a proceeding is forwarded
or in which a
proceeding is filed for forwarding to responding
state under this chapter or a law or procedure
substantially similar to this chapter, the
Uniform Reciprocal Enforcement of Support Act, or the
Revised Uniform Reciprocal Enforcement of the
Support Act.
(8)
"Initiating tribunal" means the authorized tribunal in an initiating
state.
(9) "Issuing
state" means the state in which a tribunal issues a support order or
renders a
judgment determining parentage.
(10)
"Issuing tribunal" means the tribunal that issues a support order or
renders a
judgment determining parentage.
(11)
"Law" includes decisional and statutory law and rules and regulations
having the
force of law.
(12)
"Obligee" means:
(i) An individual
to whom a duty of support is or is alleged to be owed or in whose favor
a support order has been issued or a judgment
determining parentage has been rendered;
(ii) A state or
political subdivision to which the rights under a duty of support or support
order have been assigned or which has
independent claims based on financial assistance provided
to an individual obligee; or
(iii) An
individual seeking a judgment determining parentage of the individual's child.
(13)
"Obligor" means an individual, or the estate of a decedent:
(i) Who owes or
is alleged to owe a duty of support;
(ii) Who is
alleged but has not been adjudicated to be a parent of a child; or
(iii) Who is
liable under a support order.
(14)
"Person" means an individual, corporation, business trust, estate,
trust, partnership,
limited liability company, association, joint
venture, government, governmental subdivision,
agency, or instrumentality, public corporation,
or any other legal or commercial entity.
(15)
"Record" means information that is inscribed on a tangible medium or
that is stored
in an electronic or other medium and is
retrievable in perceivable form.
(14) (16)
"Register" means to file a support order or judgment determining
parentage in
the registry of the Rhode Island family court.
(15) (17)
"Registering tribunal" means a tribunal in which a support order is
registered.
(16) (18)
"Responding state" means a state in which a proceeding is filed or to
which a
proceeding is forwarded for filing from an
initiating state under this chapter or a law substantially
similar to this chapter, the Uniform Reciprocal
Enforcement of Support Act, or the Revised
Uniform Reciprocal Enforcement of Support Act,
or the Revised Uniform Reciprocal
Enforcement of Support Act.
(17) (19)"Responding
tribunal" means the authorized tribunal in a responding state.
(18) (20)
"Spousal-support order" means a support order for a spouse or former
spouse
of the obligor.
(19) (21)
"State" means a state of the United States, the District of Columbia,
the
Commonwealth of Puerto Rico, the
United States Virgin Islands, or any territory or insular
possession subject to the jurisdiction of the
United States. The term "state" includes:
(i) An Indian
tribe; and
(ii) A foreign jurisdiction
that has enacted a law or country or political subdivision that:
(a) has been
declared to be a foreign reciprocating country or political subdivision under
federal law;
(b) has
established a reciprocal arrangement for child support with this state as
provided
in section 15-23.1-308; or
(c) has enacted
a law or established procedures for issuance and enforcement of support
orders which are substantially similar to the
procedures under this chapter or the procedures under
the Uniform Reciprocal Enforcement of Support
Chapter or the Revised Uniform Reciprocal
Enforcement of Support Act.
(20) (22)
"Support enforcement agency" means a public official or agency
authorized to
seek:
(i) Enforcement
of support orders or laws relating to the duty of support;
(ii)
Establishment or modification of child support;
(iii)
Determination of parentage; or
(iv) To locate
Location of obligors or their assets.; or
(v)
Determination of the controlling child support order.
(21) (23)
"Support order" means a judgment, decree, or order, or directive,
whether
temporary, final, or subject to modification, issued
by a tribunal for the benefit of a child, a
spouse, or a former spouse, which provides for
monetary support, health care, arrearages, or
reimbursement, and may include related costs and
fees, interest, income withholding, attorney's
fees, and other relief.
(22) (24)
"Tribunal" means a court, administrative agency, or quasi-judicial
entity
authorized to establish, enforce, or modify
support orders or to determine parentage.
15-23.1-102
Tribunals of this state 15-23.1-102. Tribunals of this state. --
The Rhode
Island family court, and, where specifically
authorized by law, the Rhode Island division of
taxation within the department of administration
are the tribunals of this state.
15-23.1-103.
Remedies cumulative. – (a) Remedies provided by this chapter are
cumulative and do not affect the availability of
remedies under other law., including the
recognition of a support order of a foreign country
or political subdivision on the basis of comity.
(b) This
chapter does not:
(1) provide the
exclusive method of establishing or enforcing a support order under the
law of this state; or
(2) grant a
tribunal of this state jurisdiction to render judgment or issue an order
relating
to child custody or visitation in a proceeding
under this chapter.
ARTICLE 2
JURISDICTION
Part 1
Extended Personal
Jurisdiction
15-23.1-201.
Bases for jurisdiction over nonresident. – (a) In proceeding to
establish,
or enforce, or modify a support order or to
determine parentage, a tribunal of this state may
exercise personal jurisdiction over a
nonresident individual or the individual's guardian or
conservator if:
(1) The individual
is personally served within this state pursuant to the Rules of
Domestic Relations;
(2) The
individual submits to the jurisdiction of this state by consent in a record,
by
entering a general appearance, or by filing a
responsive document having the effect of waiving
any contest to personal jurisdiction;
(3) The
individual resided with the child in this state;
(4) The
individual resided in this state and provided prenatal expenses or support for
the
child;
(5) The child
resides in this state as a result of the acts or directives of the individual;
(6) The
individual engaged in sexual intercourse in this state and the child may have
been conceived by that act of intercourse;
(7) The
individual acknowledged paternity by completing an affidavit of paternity
signed
by both parents; or
(8) There is any
other basis consistent with the constitutions of this state, and the United
States for the exercise of personal
jurisdiction.
(b) The bases of
personal jurisdiction set forth in subsection (a) or in any other law of this
state may not be used to acquire personal
jurisdiction for a tribunal of the state to modify a child
support order of another state unless the
requirements of section 15-23.1-611 or section 15-23.1-
615 are met.
15-23.1-202.
Procedure when exercising jurisdiction over nonresident. – Duration of
personal jurisdiction. -- A tribunal of this
state exercising personal jurisdiction over a
nonresident under this chapter may apply section
15-23.1-316 (Special Rules of Evidence and
Procedure) to receive evidence from another
state, and section 15-23.1-318 (Assistance with
Discovery) to obtain discovery through a
tribunal of another state. In all other respects, Articles 3
through 7, sections 15-23.1-301 -- 15-23.1-701,
do not apply and the tribunal shall apply the
procedural and substantive law of this state,
including the rules on choice of law other than those
established by this chapter. Personal
jurisdiction acquired by a tribunal of this state in a
proceeding under this chapter or other law of
this state relating to a support order continues as
long as a tribunal of this state has continuing,
exclusive jurisdiction to modify its order or
continuing jurisdiction to enforce its order as
provided by sections 15-23.1-205, 15-23.1-206, and
15-23.1-211.
Part 2
Proceedings Involving
Two or More States
15-23.1-204.
Simultaneous proceedings in another state. – Simultaneous
proceedings. -- (a) A tribunal of this
state may exercise jurisdiction to establish a support order if
the petition or comparable pleading is filed
after a petition or comparable pleading is filed in
another state only if:
(1) The petition or
comparable pleading in this state is filed before the expiration of the
time allowed in the other state for filing a
responsive pleading challenging the exercise of
jurisdiction by the other state;
(2) The
contesting party timely challenges the exercise of jurisdiction in the other
state;
and
(3) If relevant,
the other state is the home state of the child.
(b) A tribunal of
this state may not exercise jurisdiction to establish a support order if the
petition or comparable pleading is filed before
a petition or comparable pleading is filed in
another state if:
(1) The petition
or comparable pleading in the other state is filed before the expiration of
the time allowed in this state for filing a
responsive pleading challenging the exercise of
jurisdiction by this state;
(2) The
contesting party timely challenges the exercise of jurisdiction in this state;
and
(3) If relevant,
the other state is the home state of the child.
15-23.1-205.
Continuing, exclusive jurisdiction. – Continuing, exclusive jurisdiction
to modify child support order. - (a) A tribunal of this
state issuing that has issued a support
order consistent with the law of this state has and
shall exercise continuing, exclusive jurisdiction
over a to modify its child support order if
the order is the controlling order, and:
(1) As long as
At the time of the filing of a request for modification this state remains
is
the residence of the obligor, the individual obligee,
or the child for whose benefit the support
order is issued; or
(2) Until all
of the parties who are individuals have filed written consents with the
tribunal of this state for a tribunal of another
state to modify the order and assume continuing,
exclusive jurisdiction. Even if this state
is not the residence of the obligor, the individual obligee,
or the child for whose benefit the support order
is issued, the parties consent in a record or in
open court that the tribunal of this state may
continue to exercise jurisdiction to modify its order.
(b) A tribunal of
this state issuing that has issued a child support order
consistent with
the law of this state may not exercise its
continuing, exclusive jurisdiction to modify the order if :
the order has been modified by a tribunal of
another state pursuant to a law substantially similar
to this chapter.
(1) all of the
parties who are individuals file consent in a record with the tribunal of this
state that a tribunal of another state that has
jurisdiction over at least one of the parties who is an
individual or that is located in the state of
residence of the child may modify the order and assume
continuing, exclusive jurisdiction; or
(2) its order
is not the controlling order.
(c) If a child
support order of this state is modified by a tribunal of another state pursuant
to a law substantially similar to this chapter,
a tribunal of this state loses its continuing, exclusive
jurisdiction with regard to prospective
enforcement of the order issued in this state, and may only:
(1) Enforce
the order that was modified as to amounts accruing before the modification;
(2) Enforce
non-modifiable aspects of that order; and
(3) Provide
other appropriate relief for violations of that order which occurred before the
effective date of the modification.
(d) A tribunal
of this state shall recognize the continuing, exclusive jurisdiction of If
a
tribunal of another state which has
issued a child support order pursuant to a law substantially
similar to this chapter. the Uniform
Interstate Family Support Act or a law similar to this chapter
which modifies a child-support order of a
tribunal of this state, tribunals of this state shall
recognize the continuing, exclusive jurisdiction
of the tribunal of the other state.
(d) A tribunal
of this state that lacks continuing, exclusive jurisdiction to modify a child-
support order may serve as an initiating
tribunal to request a tribunal of another state to modify a
support order issued in that state.
(e) A temporary
support order issued ex parte or pending resolution of a jurisdictional
conflict does not create continuing, exclusive
jurisdiction in the issuing tribunal.
(f) A tribunal
of this state issuing a support order consistent with the law of this state has
continuing, exclusive jurisdiction over a
spousal support order throughout the existence of the
support obligation. A tribunal of this state may
not modify a spousal support order issued by a
tribunal of another state having continuing,
exclusive jurisdiction over that order under the law of
that state.
15-23.1-206.
Enforcement and modification of support order by tribunal having
continuing jurisdiction. – Continuing
jurisdiction to enforce child support order. -- (a) A
tribunal of this state that has issued a
child-support order consistent with the law of this state may
serve as an initiating tribunal to request a
tribunal of another state to enforce. or modify a support
order issued in that state.
(1) the order,
if the order is the controlling order, and has not been modified by a tribunal
of another state that assumed jurisdiction
pursuant to the Uniform Interstate Family Support Act;
or
(2) a money
judgment for arrears of support and interest on the order accrued before a
determination that an order of another state is
the controlling order.
(b) A tribunal of
this state having continuing, exclusive jurisdiction over a support
order
may act as a responding tribunal to enforce or
modify the order. If a party subject to the
continuing, exclusive jurisdiction of the
tribunal no longer resides in the issuing state, in
subsequent proceedings the tribunal may apply
section 15-23.1-316 (Special Rules of Evidence
and Procedure) to receive evidence from another
state and section 15-23.1-318 (Assistance with
Discovery) to obtain discovery through a
tribunal of another state.
(c) A tribunal
of this state which lacks continuing, exclusive jurisdiction over a spousal
support order may not serve as a responding
tribunal to modify a spousal support order of another
state.
Part 3
Reconciliation of
multiple Orders
15-23.1-207.
Recognition of controlling child support order. –Determination of
controlling child support order. -- (a) If a proceeding is
brought under this chapter, and only
one tribunal has issued a child support order,
the order of that tribunal controls and must be so
recognized.
(b) If a
proceeding is brought under this chapter, and two (2) or more child support
orders have been issued by tribunals of this
state or another state with regard to the same obligor
and same child, a tribunal of this state having
personal jurisdiction over both the obligor and the
individual obligee shall apply the
following rules in determining and by order shall determine
which order to recognize for purposes of
continuing, exclusive jurisdiction controls.
(1) If only one
of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the order of that tribunal controls and
must be so recognized.
(2) If more than
one of the tribunals would have continuing, exclusive jurisdiction under
this chapter,: (i) an order
issued by a tribunal in the current home state of the child controls; and
must be so recognized, but (ii) if an
order has not been issued in the current home state of the
child, the order most recently issued controls and
must be so recognized.
(3) If none of
the tribunals would have continuing exclusive jurisdiction under this
chapter, the tribunal of this state having
jurisdiction over the parties shall issue a child support
order, which controls and must be so
recognized.
(c) If two (2) or
more child support orders have been issued for the same obligor and
same child, and if the obligor or the individual
obligee resides in this state, upon request of a
party may request who is an individual
or a support enforcement agency, a tribunal of this state to
having personal jurisdiction over both the
obligor and the obligee who is an individual shall
determine which order controls and must be so
recognized under subsection (b) of this section.
The request must be accompanied by a certified
copy of every support order in effect. The
requesting party shall give notice of the
request to each party whose rights may be affected by the
determination. The request may be filed
with a registration for enforcement or registration for
modification pursuant to Article 6, or may be
filed as a separate proceeding.
(d) A request
to determine which is the controlling order must be accompanied by a copy
of every child-support order in effect and the
applicable record of payments. The requesting party
shall give notice of the request to each party
whose rights may be affected by the determination.
(d) (e)
The tribunal that issued the controlling order under subsection (a), (b), or
(c) of
this section is the tribunal that has
continuing exclusive jurisdiction under to the extent provided
in section 15-23.1-205 or section 15-23.1-206.
(e) (f)
A tribunal of this state which that determines by order the
identity of which is the
controlling order under subdivision (1) or (2)
of subsection (b) or subsection (c), or which that
issues a new controlling order under subdivision
(3) of subsection (b) shall state in that order: (1)
the basis upon which the tribunal made its
determination.; (2) the amount of prospective support,
if any; and (3) the total amount of consolidated
arrears and accrued interest, if any, under all of
the orders after all payments made are credited
as provided by section 15-23.1-209.
(f) (g)
Within thirty (30) days after issuance of an order determining the identity
of
which is the controlling order, the party obtaining the
order shall file a certified copy of it with
each tribunal that issued or registered an
earlier order of child support. A party who obtains or
support enforcement agency obtaining the order and that
fails to file a certified copy is subject to
appropriate sanctions by a tribunal in which the
issue of failure to file arises. The failure to file
does not affect the validity or enforceability
of the controlling order.
(h) An order
that has been determined to be the controlling order, or a judgment for
consolidated arrears of support and interest, if
any, made pursuant to this section must be
recognized in proceedings under this chapter.
15-23.1-208.
Multiple child support orders for two or more obligees. –Child-support
orders for two or more obliges. -- In responding to multiple
registrations or petitions for
enforcement of two (2) or more child support
orders in effect at the same time with regard to the
same obligor and different individual obligees,
at least one of which was issued by a tribunal of
another state, a tribunal of this state shall
enforce those orders in the same manner as if the
multiple orders had been issued by a tribunal of this
state.
15-23.1-209.
Credit for payments. -- Amounts A tribunal of this state
shall credit
amounts collected and credited for a particular
period pursuant to a support order any child-
support order against the amounts owed for the
same period under any other child-support order
for support of the same child issued by a tribunal of
this or another state. must be credited against
the amounts accruing or accrued for the same
period under a support order issued by the tribunal
of this state.
Article 3
Civil Provisions of
General Applications
15-23.1-301.
Proceedings under this chapter. -- (a) Except as otherwise provided in
this chapter, this article applies to all
proceedings under this chapter.
(b) This chapter
provides for the following proceedings:
(1)
Establishment of an order for spousal support or child support pursuant to
Article 4,
section 15-23.1-401 et seq.;
(2)
Enforcement of a support order and income-withholding order of another state
without registration pursuant to Article 5,
sections 15-23.1-501 -- 15-23.1-507;
(3)
Registration of an order for spousal support or child support of another state
for
enforcement pursuant to Article 6, sections
15-23.1-601 -- 15-23.1-614;
(4)
Modification of an order for child support or spousal support issued by a
tribunal of
this state pursuant to Article 2, Part 2,
sections 15-23.1-203 -- 15-23.1-206;
(5)
Registration of an order for child support of another state for modification
pursuant
to Article 6, sections 15-23.1-601 --
15-23.1-614;
(6)
Determination of parentage pursuant to Article 7, sections 15-23.1-701 et seq.;
and
(7) Assertion
of jurisdiction over nonresidents pursuant to Article 2, Part 1, sections 15-
23.1-201, 15-23.1-202.
(c) An
individual petitioner or a support enforcement agency may commence initiate
a
proceeding authorized under this chapter by
filing a petition in an initiating tribunal for
forwarding to a responding tribunal, or by filing
a petition or a comparable pleading directly in a
tribunal of another state which has or can
obtain personal jurisdiction over the respondent.
15-23.1-302.
Action by minor parent. – Proceeding by minor parent. -- A minor
parent, or a guardian or other legal
representative of a minor parent, may maintain a proceeding
on behalf of or for the benefit of the minor's
child.
15-23.1-303.
Application of law of this state. -- Except as otherwise provided, by
this
chapter, a responding tribunal of this state shall:
(1) Shall
apply Apply the procedural and substantive law, including the
rules on choice
of law generally applicable to similar proceedings
originating in this state and may exercise all
powers and provide all remedies available in
those proceedings; and
(2) Shall
determine Determine the duty of support and the amount payable in
accordance
with the law and support guidelines of this
state.
15-23.1-304.
Duties of initiating tribunal. -- (a) Upon the filing of a petition
authorized
by this chapter, an initiating tribunal of this
state shall forward three (3) copies of the petition and
its accompanying documents:
(1) To the
responding tribunal or appropriate support enforcement agency in the
responding state; or
(2) If the
identity of the responding tribunal is unknown, to the state information agency
of the responding state with a request that they
be forwarded to the appropriate tribunal and that
receipt be acknowledged.
(b) If a
responding state has not enacted this chapter or a law or procedure
substantially
similar to this chapter, requested by the
responding tribunal, a tribunal of this state may shall
issue a certificate or other document and make
findings required by the law of the responding
state. If the responding state is a foreign jurisdiction
country or political subdivision, upon
request, the tribunal may shall specify
the amount of support sought and convert that amount into
the equivalent amount in the foreign currency
under applicable official or market exchange rate as
publicly reported, and provide any
other documents necessary to satisfy the requirements of the
responding state.
15-23.1-305.
Duties and powers of responding tribunal. -- (a) When a responding
tribunal of this state receives a petition or
comparable pleading from an initiating tribunal or
directly pursuant to section 15-23.1-301(b)
(c) (Proceedings under this chapter), it shall cause the
petition or pleading to be filed and notify the
petitioner where and when it was filed.
(b) A responding
tribunal of this state, to the extent otherwise authorized not
prohibited
by other law, may do one or more of the
following:
(1) Issue or enforce
a support order, modify a child support order, determine the
controlling child support order, or render a judgment
to determine parentage;
(2) Order an
obligor to comply with a support order specifying the amount and the
manner of compliance;
(3) Order income
withholding;
(4) Determine the
amount of any arrearages, and specify a method of payment;
(5) Enforce
orders by civil or criminal contempt, or both;
(6) Set aside
property for satisfaction of the support order;
(7) Place liens
and order execution on the obligor's property;
(8) Order an
obligor to keep the tribunal informed of the obligor's current residential
address, telephone number, employer, address of
employment, and telephone number at the place
of employment;
(9) Issue a body
attachment for an obligor who has failed, after proper notice, to appear
at a hearing ordered by the tribunal and enter
the body attachment in any local and state computer
systems for criminal warrants;
(10) Order the
obligor to seek appropriate employment by specified methods;
(11) Award
reasonable attorney's fees and other fees and costs; and
(12) Grant any
other available remedy.
(c) A responding
tribunal of this state shall include in a support order issued under this
chapter, or in the documents accompanying the
order, the calculations on which the support order
is based.
(d) A responding
tribunal of this state may not condition the payment of a support order
issued under this chapter upon compliance by a
party with provisions for visitation.
(e) If a
responding tribunal of this state issues an order under this chapter, the
tribunal
shall send a copy of the order by first class
mail to the petitioner and the respondent and to the
initiating tribunal, if any.
(f) If
requested to enforce a support order, arrears, or judgment or modify a support
order
stated in a foreign currency, a responding
tribunal of this state shall convert the amount stated in
the foreign currency to the equivalent amount in
dollars under the applicable official or market
exchange rate as publicly reported.
15-23.1-306.
Inappropriate tribunal. -- If a petition or comparable pleading is
received
by an inappropriate tribunal of this state, it
the tribunal shall forward the pleading and
accompanying documents to an appropriate
tribunal in this state or another state and notify the
petitioner by first class mail where and
when the pleading was sent.
15-23.1-307.
Duties of support enforcement agency. -- (a) A support enforcement
agency of this state, upon request, shall
provide services to a petitioner in a proceeding under this
chapter.
(b) A support
enforcement agency of this state that is providing services to the
petitioner
as appropriate shall:
(1) Take all
steps necessary to enable an appropriate tribunal in this state or another
state
to obtain jurisdiction over the respondent;
(2) Request an
appropriate tribunal to set a date, time, and place for a hearing;
(3) Make a
reasonable effort to obtain all relevant information, including information as
to income and property of the parties;
(4) Within two
(2) days, exclusive of Saturdays, Sundays, and legal holidays, after
receipt of a written notice in a
record from an initiating, responding, or registering tribunal, send a
copy of the notice to the petitioner;
(5) Within two
(2) days, exclusive of Saturdays, Sundays, and legal holidays, after
receipt of a written in a record communication
from the respondent, or the respondent's attorney,
send a copy of the communication to the
petitioner; and
(6) Notify the
petitioner if jurisdiction over the respondent cannot be obtained.
(c) A support
enforcement agency of this state that requests registration of a child-support
order in this state for enforcement or for
modification shall make reasonable efforts:
(1) to ensure
that the order to be registered is the controlling order; or
(2) if two (2) or
more child-support orders exist and the identity of the controlling order
has not been determined, to ensure that a
request for such a determination is made in a tribunal
having jurisdiction to do so.
(d) A support
enforcement agency of this state that requests registration and enforcement
of a support order, arrears, or judgment stated
in a foreign currency shall convert the amounts
stated in the foreign currency into the
equivalent amounts in dollars under the applicable official
or market exchange rate as publicly reported.
(e) A support
enforcement agency of this state shall issue or request a tribunal of this
state to issue a child-support order and an
income-withholding order that redirect payment of
current support, arrears, and interest if
requested to do so by a support enforcement agency of
another state pursuant to section 319 of the
Uniform Interstate Family Support Act.
(f) This
chapter does not create or negate a relationship of attorney and client or
other
fiduciary relationship between a support
enforcement agency or the attorney for the agency and
the individual being assisted by the agency.
15-23.1-308.
Duty of attorney general. – (a) If the attorney general
determines that the
support enforcement agency is neglecting or
refusing to provide services to an individual, the
attorney general may order the agency to perform
its duties under this chapter or may provide
those services directly to the individual.
(b) The
attorney general may determine that a foreign country or political subdivision
has
established a reciprocal arrangement for child-
support with this state and take appropriate action
for notification of the determination.
15-23.1-310.
Duties of state information agency. -- (a) The division of taxation
within
the department of administration is the state
information agency under this chapter.
(b) The state
information agency shall:
(1) Compile and
maintain a current list, including addresses, of the tribunals in this state
which have jurisdiction under this chapter and
any support enforcement agencies in this state and
transmit a copy to the state information agency
of every other state;
(2) Maintain a
register of names and addresses of tribunals and support enforcement
agencies received from other states;
(3) Forward to
the appropriate tribunal in the place county in this state in
which the
individual obligee who is an individual or
the obligor resides, or in which the obligor's property is
believed to be located, all documents concerning
a proceeding under this chapter received from
an initiating tribunal or the state information
agency of the initiating state; and
(4) Obtain
information concerning the location of the obligor and the obligor's property
within this state not exempt from execution, by
means such as postal verification and federal or
state locator services, examination of telephone
directories, requests for the obligor's address
from employers, and examination of governmental
records, including, to the extent not prohibited
by other law, those relating to real property,
vital statistics, law enforcement, taxation, motor
vehicles, drivers licenses, and social security.
15-23.1-311.
Pleadings and accompanying documents. -- (a) A In a
proceeding under
this chapter, a petitioner seeking to
establish or modify a support order, or to determine
parentage
in a proceeding under this chapter or to register and
modify a support order of another state must
verify the file a verified petition. Unless
otherwise ordered under section 15-23.1-312
(Nondisclosure of Information in Exceptional
Circumstances),
the petition or accompanying
documents must provide, so far as known, the
name, residential address, and social security
numbers of the obligor and the obligee or the
parent and alleged parent, and the name, sex,
residential address, social security number, and
date of birth of each child for whom whose
benefit support is sought or whose parentage is to be
determined. The Unless filed at the time of
registration, the petition must be
accompanied by a certified copy of any support order in effect
known to have been issued by another tribunal. The petition may
include any other information
that may assist in locating or identifying the
respondent.
(b) The petition
must specify the relief sought. The petition and accompanying
documents must conform substantially with the
requirements imposed by the forms mandated by
federal law for use in cases filed by a support
enforcement agency.
15-23.1-312.
Nondisclosure of information in exceptional circumstances. -- Upon a
finding, which may be made ex parte, that the
health, safety, or liberty of a party or child would
be unreasonably put at risk by the disclosure of
identifying information, or if an existing order
provides, a tribunal shall order that the
address of the child or party or other identifying
information not be disclosed in a pleading or
other document filed in a proceeding under this
chapter. If a party alleges in an affidavit or a
pleading under oath that the health, safety, or liberty
of a party or child would be jeopardized by
disclosure of specific identifying information, that
information must be sealed and may not be
disclosed to he other party or the public. After a
hearing in which a tribunal takes into
consideration the health, safety, or liberty of the party or
child, the tribunal may order disclosure of
information that the tribunal determines to be in the
interest of justice.
15-23.1-313.
Costs and fees. -- (a) The petitioner may not be required to pay a
filing fee
or other costs.
(b) If an obligee
prevails, a responding tribunal may assess against an obligor filing fees,
reasonable attorney's fees, other costs, and
necessary travel and other reasonable expenses
incurred by the obligee and the obligee's
witnesses. The tribunal may not assess fees, costs, or
expenses against the obligee or the support
enforcement agency of either the initiating or the
responding state, except as provided by other
law. Attorney's fees may be ordered as costs, and
may be ordered paid directly to the attorney,
who may enforce the order in the attorney's own
name. Payment of support owed to the obligee has
priority over fees, costs and expenses.
(c) The tribunal
shall order the payment of costs and reasonable attorney's fees if it
determines that a hearing was requested
primarily for delay. In a proceeding under Article 6
(Enforcement and Modification of Support Order
After Registration),
sections 15-23.1-601 -- 15-
23.1-614, a hearing is presumed to have been
requested primarily for delay if a registered support
order is confirmed or enforced without change.
15-23.1-314.
Limited immunity of petitioner. -- (a) Participation by a petitioner in
a
proceeding under this chapter before a
responding tribunal, whether in person, by private
attorney, or through services provided by the
support enforcement agency, does not confer
personal jurisdiction over the petitioner in
another proceeding.
(b) A petitioner
is not amenable to service of civil process while physically present in
this state to participate in a proceeding under
this chapter.
(c) The immunity
granted by this section does not extend to civil litigation based on acts
unrelated to a proceeding under this chapter
committed by a party while present in this state to
participate in the proceeding.
15-23.1-316.
Special rules of evidence and procedure. -- (a) The physical presence
of
the petitioner a nonresident party who is an
individual in a responding tribunal of this state is not
required for the establishment, enforcement, or
modification of a support order or the rendition of
a judgment determining parentage.
(b) A verified
petition, An affidavit, a document substantially complying
with federal
mandated forms, and or a document
incorporated by reference in any of them, which would not
be excluded under the hearsay rule if given in
person, is admissible in evidence if given under
oath penalty of perjury by a party or witness
residing in another state.
(c) A copy of the
record of child support payments certified as a true copy of the original
by the custodian of the record may be forwarded
to a responding tribunal. The copy is evidence of
facts asserted in it, and is admissible to show
whether payments were made.
(d) Copies of
bills for testing for parentage, and for prenatal and postnatal health care of
the mother and child, furnished to the adverse
party at least ten (10) days before trial, are
admissible in evidence to prove the amount of
the charges billed and that the charges were
reasonable, necessary, and customary.
(e) Documentary
evidence transmitted from another state to a tribunal of this state by
telephone, telecopier, or other means that do
not provide an original writing record may not be
excluded from evidence on an objection based on
the means of transmission.
(f) In a proceeding
under this chapter, a tribunal of this state may shall permit a
party or
witness residing in another state to be deposed
or to testify by telephone, audiovisual means, or
other electronic means at a designated tribunal or
other location in that state. A tribunal of this
state shall cooperate with tribunals of other
states in designating an appropriate location for the
deposition or testimony.
(g) If a party
called to testify at a civil hearing refuses to answer on the ground that the
testimony may be self-incriminating, the trier
of fact may draw an adverse inference from the
refusal.
(h) A privilege
against disclosure of communications between spouses does not apply in
a proceeding under this chapter.
(i) The defense
of immunity based on the relationship of husband and wife or parent and
child does not apply in a proceeding under this
chapter.
(j) A voluntary
acknowledgement of paternity, certified as a true copy, is admissible to
establish parentage of the child.
15-23.1-317.
Communications between tribunals. -- A tribunal of this state may
communicate with a tribunal of another state or
foreign country or political subdivision in writing
a record, or by telephone or other means, to obtain
information concerning the laws of that state,
the legal effect of a judgment, decree, or order
of that tribunal, and the status of a proceeding in
the other state or foreign country or
political subdivision. A tribunal of this state may furnish
similar information by similar means to a
tribunal of another state or foreign country or political
subdivision.
15-23.1-319.
Receipt and disbursement of payments. – (a) A support
enforcement
agency or tribunal of this state shall disburse
promptly any amounts received pursuant to a
support order, as directed by the order. The
agency or tribunal shall furnish to a requesting party
or tribunal of another state a certified
statement by the custodian of the record of the amounts and
dates of all payments received.
(b) If neither
the obligor, nor the obligee who is an individual, nor the child resides in
this
state, upon request from the support enforcement
agency of this state or another state, the support
enforcement agency of this state or a tribunal
of this state shall:
(1) direct that
the support payment be made to the support enforcement agency in the
state in which the obligee is receiving
services; and
(2) issue and send
to the obligor's employer a conforming income-withholding order or
an administrative notice of change of payee,
reflecting the redirected payments.
(c) The support
enforcement agency of this state receiving redirected payments from
another state pursuant to a law similar to
subsection (b) shall furnish to a requesting party or
tribunal of the other state a certified
statement by the custodian of the record of the amount and
dates of all payments received.
Article 4
Establishment of support
Order
15-23.1-401.
Petition to establish support order. -- (a) If a support order entitled
to
recognition under this chapter has not been
issued, a responding tribunal of this state may issue a
support order if:
(1) The
individual seeking the order resides in another state; or
(2) The support
enforcement agency seeking the order is located in another state.
(b) The tribunal
may issue a temporary child support order if the tribunal determined that
such an order is appropriate and the individual
ordered to pay is:
(1) The
respondent has signed a verified statement acknowledging parentage;
(2) The
respondent has been determined by or pursuant to law to be the parent; or
(3) There is
other clear and convincing evidence that the respondent is the child's parent.
(1) a presumed
father of the child;
(2) petitioning
to have his paternity adjudicated;
(3) identified
as the father of the child through genetic testing;
(4) an alleged
father who has declined to submit to genetic testing;
(5) shown by
clear and convincing evidence to be the father of the child;
(6) an
acknowledged father as provided by applicable state law;
(7) the mother
of the child; or
(8) an individual
who has been ordered to pay child support in previous proceeding and
the order has not been reversed or vacated.
(c) Upon finding,
after notice and opportunity to be heard, that an obligor owes a duty of
support, the tribunal shall issue a support
order directed to the obligor and may issue other orders
pursuant to section 15-23.1-305 (Duties and
powers of responding tribunal).
Article 5
Enforcement of Order of
Another State Without Registration
15-23.1-501.
Employer's receipt of income-withholding order of another state. -- An
income-withholding order issued in another state
may be sent by or on behalf of the obligee, or by
the support enforcement agency to the person or
entity defined as the obligor's employer under
the income-withholding law of this state without
first filing a petition or comparable pleading or
registering the order with a tribunal of this
state.
15-23.1-502.
Employer's compliance with income-withholding order of another
state. -- (a) Upon receipt of an
income-withholding order, the obligor's employer shall
immediately provide a copy of the order to the
obligor.
(b) The employer
shall treat an income-withholding order issued in another state which
appears regular on its face as if it had been issued
by a tribunal of this state.
(c) Except as
otherwise provided in subsection (d) of this section and section 15-23.1-
503, the employer shall withhold and distribute
the funds as directed in the withholding order by
complying with terms of the order, which
specify:
(1) The duration
and amount of periodic payments of current child support, stated as a
sum certain;
(2) The person or
agency designated to receive payments and the address to which the
payments are to be forwarded;
(3) Medical
support, whether in the form of periodic cash payment, stated as a sum
certain, or ordering the obligor to provide
health insurance coverage for the child under a policy
available through the obligor's employment;
(4) The amount of
periodic payments of fees and costs for a support enforcement agency,
the issuing tribunal, and the obligee's
attorney, state as sums certain; and
(5) The amount of
periodic payments of arrearages and interest on arrearages, stated as
sums certain.
(d) An employer
shall comply with the law of the state of the obligor's principal place of
employment for withholding from income with
respect to:
(1) The
employer's fee for processing an income withholding order;
(2) The maximum
amount permitted to be withheld from the obligor's income; and
(3) The times
within which the employer must implement the withholding order and
forward the child support payment.
15-23.1-503.
Compliance with multiple income-withholding orders. – Employer's
compliance with two or more income-withholding
orders. --
If an obligor's employer receives
multiple two (2) or more income-withholding
orders with respect to the earnings of the same
obligor, the employer satisfies the terms of the
multiple orders if the employer complies with the
law of the state of the obligor's principal
place of employment to establish the priorities for
withholding and allocating income withheld for multiple
two (2) or more child support obligees.
15-23.1-506.
Contest by obligor. -- (a) An obligor may contest the validity or
enforcement of an income-withholding order
issued in another state and received directly by an
employer in this state by registering the
order in a tribunal of this state and filing a contest to that
order as provided in Article 6, or otherwise
contesting the order
in the same manner as if the
order had been issued by a tribunal of this
state. Section 15-23.1-604 (Choice of Law) applies to
the contest.
(b) The obligor
shall give notice of the contest to:
(1) A support
enforcement agency providing services to the obligee;
(2) Each employer
that has directly received an income-withholding order relating to the
obligor; and
(3) The person or
agency designated to receive payments in the income-withholding
order or, if no person or agency is
designated, to the obligee.
15-23.1-507.
Administrative enforcement of orders. -- (a) A party or support
enforcement agency seeking to enforce a
support order or an income-withholding order, or both,
issued by a tribunal of another state may send
the documents required for registering the order to
a support enforcement agency of this state.
(b) Upon receipt
of the documents, the support enforcement agency, without initially
seeking to register the order, shall consider
and, if appropriate, use any administrative procedure
authorized by the law of this state to enforce a
support order or an income-withholding order, or
both. If the obligor does not contest
administrative enforcement, the order need not be registered.
If the obligor contests the validity or
administrative enforcement of the order, the support
enforcement agency shall register the order
pursuant to this chapter.
Article 6
Enforcement and
Modification of Support Order After Registration
Registration,
Enforcement and Modification of Support Order
15-23.1-601.
Registration of order for enforcement. – A support order or an
income-
withholding order issued by a tribunal of
another state may be registered in this state for
enforcement.
15-23.1-602.
Procedure to register order for enforcement. -- (a) A support order or
income-withholding order of another state may be
registered in this state by sending the following
documents records and information to the
appropriate tribunal in this state:
(1) A letter of
transmittal to the tribunal requesting registration and enforcement;
(2) Two (2)
copies, including one certified copy, of all the orders to
be registered,
including any modification of an the
order;
(3) A sworn
statement by the party seeking person requesting registration or
a certified
statement by the custodian of the records
showing the amount of any arrearage;
(4) The name of
the obligor and, if known;
(i) The obligor's
address and social security number;
(ii) The name and
address of the obligor's employer and any other source of income of
the obligor; and
(iii) A
description and the location of property of the obligor in this state not
exempt
from execution; and
(5) The Except
as otherwise provided in section 15-23.1-312 ,the name and address of
the obligee and, if applicable, the agency or
person to whom support payments are to be remitted.
(b) On receipt of
a request for registration, the registering tribunal shall cause the order
to be filed as a foreign judgment, together with
one copy of the documents and information,
regardless of their form.
(c) A petition or
comparable pleading seeking a remedy that must be affirmatively
sought under other law of this state may be
filed at the same time as the request for registration or
later. The pleading must specify the grounds for
the remedy sought.
(d) If two (2)
or more orders are in effect, the person requesting registration shall:
(1) furnish to
the tribunal a copy of every support order asserted to be in effect in addition
to the documents specified in this section;
(2) specify the
order alleged to be the controlling order, if any; and
(3) specify the
amount of consolidated arrears, if any.
(e) A request
for a determination of which is the controlling order may be filed separately
or with a request for registration and
enforcement or for registration and modification. The person
requesting registration shall give notice of the
request to each party whose rights may be affected
by the determination.
15-23.1-604.
Choice of law. -- (a) The Except as otherwise provided in
subsection (d),
the law of the issuing state governs: (1)
the nature, extent, amount, and duration of current
payments and other obligations of support and
under a registered support order; (2) the
computation and payment of arrearages and
accrual of interest on the arrearages under the support
order; and (3) the existence and satisfaction
of other obligations under the support order.
(b) In a
proceeding for arrearages arrears under a registered support order,
the statute of
limitation under the laws of this state
or of the issuing state, whichever is longer, applies.
(c) A
responding tribunal of this state shall apply the procedures and remedies of
this
state to enforce current support and collect
arrears and interest due on a support order of another
state registered in this state.
(d) After a
tribunal of this or another state determines which is the controlling order and
issues an order consolidating arrears, if any, a
tribunal of this state shall prospectively apply the
law of the state issuing the controlling order,
including its law on interest on arrears, on current
and future support, and on consolidated arrears.
Part 2
Contest of Validity or
Enforcement
15-23.1-605.
Notice of registration of order. -- (a) When a support order or income-
withholding order issued in another state is
registered, the registering tribunal shall notify the
nonregistering party. The notice must be
accompanied by a copy of the registered order and the
documents and relevant information accompanying
the order.
(b) The A
notice must inform the non-registering 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 (20) days after the
date of mailing or personal service of the notice;
(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 precludes further contest of
that order with respect to any matter that could have
been asserted; and
(4) Of the amount
of any alleged arrearages.
(c) If the
registering party asserts that two (2) or more orders are in effect, a notice
must
also:
(1) identify
the two (2) or more orders and the order alleged by the registering person 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.
(c) (d)
Upon registration of an income-withholding order for enforcement, the
registering
tribunal shall notify the obligor's employer
pursuant to the income-withholding law of this state.
15-23.1-606.
Procedure to contest validity or enforcement of registered order. --
(a)
A non-registering party seeking to contest the
validity or enforcement of a registered order in this
state shall request a hearing within twenty (20)
days after the date of mailing or personal service
of notice of the registration. The non-registering
party may seek to vacate the registration, to
assert any defense to an allegation of
noncompliance with the registered order, or to contest the
remedies being sought or the amount of any
alleged arrearages pursuant to section 15-23.1-607
(Contest of registration or enforcement).
(b) If the
non-registering party fails to contest the validity or enforcement of the
registered order in a timely manner, the order
is confirmed by operation of law.
(c) If a
non-registering party requests a hearing to contest the validity or enforcement
of
the registered order, the registering tribunal
shall schedule the matter for a hearing and give notice
to the parties of the date, time, and place of
the hearing.
15-23.1-607.
Contest of registration or enforcement. -- (a) A party contesting the
validity or enforcement of a registered order or
seeking to vacate the registration has the burden
of proving one or more of the following
defenses:
(1) The issuing
tribunal lacked personal jurisdiction over the contesting party;
(2) The order was
obtained by fraud;
(3) The order has
been vacated, suspended, or modified by a later order;
(4) The issuing
tribunal has stayed the order pending appeal;
(5) There is a
defense under the law of this state to the remedy sought;
(6) Full or
partial payment has been made; or
(7) The statute
of limitations under section 15-23.1-604 (Choice of law) precludes
enforcement of some or all of the arrearages.;
or
(8) The alleged
controlling order is not the controlling order.
(b) If a party
presents evidence establishing a full or partial defense under subsection (a)
of this section, a tribunal may stay enforcement
of the registered order, continue the proceeding to
permit production of additional relevant
evidence, and issue other appropriate orders. An
uncontested portion of the registered order may
be enforced by all remedies available under the
law of this state.
(c) If the
contesting party does not establish a defense under subsection (a) of this
section
to the validity or enforcement of the order, the
registering tribunal shall issue an order confirming
the order.
Part 3
Registration and
Modification of Child Support Order
15-23.1-609.
Procedure to register child support order of another state for
modification. -- A party or support
enforcement agency seeking to modify, or to modify and
enforce, a child support order issued in another
state shall register that order in this state in the
same manner provided in Part 1, sections 15-23.1-201
-- 15-23.1-202 15-23.1-601 through 15-
23.1-602, if the order has not been registered. A
petition for modification maybe filed at the same
time as a request for registration, or later. The
pleading must specify the grounds for
modification.
15-23.1-610.
Effect of registration for modification. -- A tribunal of this state
may
enforce a child support order of another state
registered for purposes of modification in the same
manner as if the order had been issued by a
tribunal of this state, but the registered order may be
modified only if the requirements of section
15-23.1-611, 15-23.1-613 or 15-23.1-615
(Modification of child support order of another
state)
have been met.
15-23.1-611.
Modification of child support order of another state. -- (a) After
If
section 15-23.1-613 does not apply, except as
otherwise provided in section 15-23.1-615, upon
petition a tribunal of this state may modify a child support order issued
in another state has been
which is registered in this state, the responding
tribunal of this state may modify that order only if
section 15-23.1-613 does not apply and, if after notice
and hearing, it the tribunal finds that:
(1) The following
requirements are met:
(i) The Neither
child, nor the individual obligee who is an individual,
and nor the obligor
do not resides in the issuing state;
(ii) A petitioner
who is a nonresident of this state seeks modification; and
(iii) The
respondent is subject to the personal jurisdiction of the tribunal of this
state; or
(2) The This
state is the state of residence of the child, or a party who is an
individual, is
subject to the personal jurisdiction of the
tribunal of this state and all of the parties who are
individuals have filed consent a written in
a record in the issuing tribunal for a tribunal of this
state to modify the support order and assume
continuing, exclusive jurisdiction. over the order.
However, if the issuing state is a foreign
jurisdiction.
that has not enacted a law or established
procedures substantially similar to the
procedures under this act, the consent otherwise required
of an individual residing in this state is not
required for the tribunal to assume jurisdiction to
modify the child support order.
(b) Modification
of a registered child support order is subject to the same requirements,
procedures, and defenses that apply to the
modification of an order issued by a tribunal of this
state and the order may be enforced and
satisfied in the same manner.
(c) A Except
as otherwise provided in section 15-23.1-615, tribunal of this state may
not
modify any aspect of a child support order that
may not be modified under the law of the issuing
state, including the duration of the
obligation of support. If two (2) or more tribunals have issued
child support orders for the same obligor and
child, the order that controls and must be so
recognized under section 15-23.1-207 establishes
the aspects of the support order which are non-
modifiable.
(d) In a
proceeding to modify a child-support order, the law of the state that is
determined
to have issued the initial controlling order
governs the duration of the obligation of support. The
obligor's fulfillment of the duty of support
established by that order precludes imposition of a
further obligation of support by a tribunal of
this state.
(d) (e)
On issuance of an order by a tribunal of this state modifying a child
support order
issued in another state, a the
tribunal of this state becomes the tribunal of continuing, exclusive
jurisdiction.
15-23.1-612.
Recognition of order modified in another state. -- A If a
child support
order issued by a tribunal of this state shall
recognize a modification of its earlier child support
order is modified by a tribunal of another
state which assumed jurisdiction pursuant to a law
substantially similar to this chapter and, upon
request, except as otherwise provided in this
chapter, shall the Uniform Interstate Family Support
Act, a tribunal of this state:
(1) Enforce
the May enforce its order that was modified only as to amounts
arrears and
interest accruing before the modification;
(2) Enforce
only non-modifiable aspects of that order;
(3) Provide
other May provide appropriate relief only for violations of that
its order
which occurred before the effective date of the
modification; and
(4) (3)
Recognize Shall recognize the modifying order of the other state,
upon
registration, for the purpose of enforcement.
Article 7
Determination of
Parentage
15-23.1-701.
Proceeding to determine parentage. -- (a) A tribunal court
of this state
authorized to determine parentage of a child may serve as an
initiating or a responding tribunal in
a proceeding to determine parentage
brought under this chapter or a law substantially similar to
this chapter, the Uniform Reciprocal
Enforcement of Support Act, or the Revised Uniform
Reciprocal Enforcement of Support Act to determine
that the petitioner is a parent of a particular
child or to determine that a respondent is a
parent of that child.
(b) In a
proceeding to determine parentage, a responding tribunal of this state shall
apply
the Uniform Parentage Act, procedural and
substantive law of this state, and the rules of this state
on choice of law.
Article 8
Interstate Rendition
15-23.1-801.
Grounds for rendition. -- (a) For purposes of this article
"governor"
includes an individual performing the functions
of governor or the executive authority of a state
covered by this chapter.
(b) The governor
of this state may:
(1) Demand that
the governor of another state surrender an individual found in the other
state who is charged criminally in this state
with having failed to provide for the support of an
obligee; or
(2) On the demand
by of the governor of another state, surrender an individual
found in
this state who is charged criminally in the other
state with having failed to provide for the support
of an obligee.
(c) A provision
for extradition of individuals not inconsistent with this chapter applies to
the demand even if the individual whose surrender
is demanded was not in the demanding state
when the crime was allegedly committed and has
not fled from the demanding state.
15-23.1-802.
Conditions of rendition. -- (a) Before demanding that the governor of
another state surrender an individual charged
criminally in this state with having failed to provide
for the support of an obligee, the governor of
this state may require a prosecutor of this state to
demonstrate that at least sixty (60) days
previously the obligee had initiated proceedings for
support pursuant to this chapter or that the
proceeding would be of no avail.
(b) If, under
this chapter or a law substantially similar to this chapter, the Uniform
Reciprocal Enforcement of Support Act, or the
Revised Uniform Reciprocal Enforcement of
Support Act, the governor of another state demands
that the governor of this state surrender an
individual charged criminally in that state with
having failed to provide for the support of a child
or other individual to whom a duty of support is
owed, the governor may require a prosecutor to
investigate the demand and report whether a
proceeding for support has been initiated or would
be effective. If it appears that a proceeding
would be effective but has not been initiated, the
governor may delay honoring the demand for a
reasonable time to permit the initiation of a
proceeding.
(c) If a
proceeding for support has been initiated and the individual whose rendition is
demanded prevails, the governor may decline to
honor the demand. If the petitioner prevails and
the individual whose rendition is demanded is
subject to a support order, the governor may
decline to honor the demand if the individual is
complying with the support order.
Article 9
Miscellaneous provisions
15-23.1-901.
Uniformity of application and construction. -- This chapter shall be
applied and construed to effectuate its general
purpose to make uniform In applying and
construing this Uniform Act consideration must
be given to the need to promote uniformity of the
law with respect to the its
subject of this chapter matter among states enacting that
enact it.
15-23.1-904.
Effective date. -- This chapter, as amended, takes effect July 3,
1997 July
1, 2006.
SECTION 3. Chapter
15-23.1 of the General Laws entitled "Uniform Interstate Family
Support Act" is hereby amended by adding
thereto the following sections:
15-23.1-210.
Application of chapter to nonresident subject to personal jurisdiction. –
A tribunal of this state exercising personal
jurisdiction over a nonresident in a proceeding under
this chapter, under other law of this state
relating to a support order, or recognizing a support
order of a foreign country or political
subdivision on the basis of comity may receive evidence
from another state pursuant to section
15-23.1-316, communicate with a tribunal of another state
pursuant to section 15-23.1-317, and obtain
discovery through a tribunal of another state pursuant
to section 15-23.1-318. In all other respects,
Articles 3 through 7 of this chapter do not apply and
the tribunal shall apply the procedural and
substantive law of this state.
15-23.1-211.
Continuing exclusive jurisdiction to modify spousal-support order. – (a)
A tribunal of this state issuing a
spousal-support order consistent with the law of this state has
continuing, exclusive jurisdiction to modify the
spousal-support order throughout the existence of
the support obligation.
(b) A tribunal
of this state may not modify a spousal-support order issued by a tribunal
of another state having continuing, exclusives
jurisdiction over that order under the law of that
state.
(c) A tribunal
of this state that has continuing, exclusive jurisdiction over a spousal-
support order may serve as:
(1) an
initiating tribunal to request a tribunal of another state to enforce the
spousal-
support order issued in this state; or
(2) a
responding tribunal to enforce or modify its own spousal-support order.
15-23.1-615.
Jurisdiction to modify child-support order of foreign country or
political subdivision. – (a) If a foreign
country or political subdivision that is a state will not or
may not modify its order pursuant to its laws, a
tribunal of this state may assume jurisdiction to
modify the child-support order and bind all
individuals subject to the personal jurisdiction of the
tribunal whether or not the consent to
modification of a child-support order otherwise required of
the individual pursuant to section 611 has been
given or whether the individual seeking
modification is a resident of this state or of
the foreign country or political subdivision.
(b) An order
issued pursuant to this section is the controlling order.
SECTION 4. Section
15-23.1-902 of the General Laws in Chapter 15-23.1 entitled
"Uniform Interstate Family Support
Act" is hereby repealed.
15-23.1-902.
Short title. -- This chapter may be cited as the "Uniform
Interstate Family
Support Act".
SECTION 5. This
act shall take effect on July 1, 2006.
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LC01725/SUB
A
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