Title 31, Family

§576B-105 Application of chapter to resident of foreign country and foreign support proceeding. (a) A tribunal of this State shall apply Articles 1 through 6 and, as applicable, Article 7, to a support proceeding involving: (1) A foreign support order; (2) A foreign tribunal; or …

ARTICLE 2. JURISDICTION §576B-201 Bases for jurisdiction over nonresident. (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual…

§576B-202 Duration of personal jurisdiction. 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 t…

§576B-203 Initiating and responding tribunal of State. Under this chapter, a tribunal of this State may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign coun…

§576B-204 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 pleading is filed in another state or a foreign country only if: (1) The petition or comparable pleading…

§576B-205 Continuing, exclusive jurisdiction to modify child support order. (a) A tribunal of this State that has issued a child support order consistent with the law of this State has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the …

§576B-206 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: (1) The order if the o…

§576B-207 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 shall be recognized. (b) If a proceeding is brought under this chapter, an…

§576B-208 Child support orders for two or more obligees. In responding to registrations or petitions for enforcement of two 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 …

§576B-209 Credit for payments. A tribunal of this State shall credit amounts collected for a particular period pursuant to 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 o…

§576B-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 foreign s…

§576B-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 …

ARTICLE 3. CIVIL PROVISIONS OF GENERAL APPLICATION §576B-301 Proceedings under this chapter. (a) Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter. (b) An individual petitioner or a support enforcement agency may initiate a p…

§576B-302 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. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]

§576B-303 Application of law of State. Except as otherwise provided in this chapter, a responding tribunal of this State shall: (1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this State and may exercise all powers and provi…

§576B-304 Duties of initiating tribunal. (a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this State shall forward the petition and its accompanying documents: (1) To the responding tribunal or appropriate support enforcement agency in the r…

§576B-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 576B-301(b), it shall cause the petition or pleading to be filed and notify the …

§576B-306 Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this State, that tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this State or another state and notify the petitioner w…

§576B-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 sha…

§576B-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 s…

§576B-309 Private counsel. An individual may employ private counsel to represent the individual in proceedings authorized by this chapter. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]

§576B-310 Duties of child support enforcement agency as state information agency. (a) The child support enforcement agency is the state information agency under this chapter. (b) The state information agency shall: (1) Compile and maintain a current list, including addresses, of …

§576B-311 Pleadings and accompanying documents. (a) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country shall file a…

§576B-312 Nondisclosure of information in exceptional circumstances. 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 shall …

§576B-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 of this State may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other …

§576B-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 jurisdicti…

§576B-315 Nonparentage as defense. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]

§576B-316 Special rules of evidence and procedure. (a) The physical presence of a nonresident party who is an individual in a tribunal of this State is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining p…

§576B-317 Communications between tribunals. A tribunal of this State may communicate with a tribunal outside this State in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of tha…

§576B-318 Assistance with discovery. A tribunal of this State may: (1) Request a tribunal outside this State to assist in obtaining discovery; and (2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this St…

§576B-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…

ARTICLE 4. ESTABLISHMENT OF SUPPORT ORDER OR DETERMINATION OF PARENTAGE §576B-401 Establishment of support order. (a) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this State with personal jurisdiction over the parties…

§576B-402 Proceeding to determine parentage. (a) A tribunal of this State authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to th…

ARTICLE 5. ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION §576B-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 per…

§576B-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…

§576B-503 Employer's compliance with two or more income withholding orders. If an obligor's employer receives two or more income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the l…

§576B-504 Immunity from civil liability. An employer that complies with an income withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from…

§576B-505 Penalties for noncompliance. An employer that wilfully fails to comply with an income withholding order issued in another state and received for enforcement shall be subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal o…

§576B-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 a…

§576B-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 in another state or a foreign support order may send the documents required for registering the order to a …

ARTICLE 6. REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT ORDER PART I. REGISTRATION FOR ENFORCEMENT OF SUPPORT ORDER §576B-601 Registration of order for enforcement. A support order or income withholding order issued in another state or a foreign support order may be reg…

§576B-602 Procedure to register order for enforcement. (a) Except as otherwise provided in section 576B-706, a support order or income withholding order of another state or a foreign support order may be registered in this State by sending the following records to the registering…

§576B-603 Effect of registration for enforcement. (a) A support order or income withholding order issued in another state or a foreign support order is registered when the order is filed in the family court of this State. (b) A registered support order issued in another state or …

§576B-604 Choice of law. (a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs: (1) The nature, extent, amount, and duration of current payments under a registered support order; (2) The computation and payment of arrearages a…

PART II. CONTEST OF VALIDITY OR ENFORCEMENT §576B-605 Notice of registration of order. (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 par…

§576B-606 Procedure to contest validity or enforcement of registered support order. (a) A nonregistering party seeking to contest the validity or enforcement of a registered order in this State shall request a hearing within the time required by section 576B‑605. The nonregisteri…