Title 31, Family

§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: (b) In a proceeding for arrears under a registered support order, the statute of limitation of this State, or of the issuing state or foreign coun…

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…

§576B-607 Contest of registration or enforcement. (a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (b) If a party presents evidence establishing …

§576B-608 Confirmed order. Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. [L 1997, c 295, pt of §1; a…

PART III. REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE §576B-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 i…

§576B-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 …

§576B-611 Modification of child support order of another state. (a) If section 576B-613 does not apply, upon petition a tribunal of this State may modify a child support order issued in another state that is registered in this State if, after notice and hearing, the tribunal find…

§576B-612 Recognition of order modified in another state. If a child support order issued by a tribunal of this State is modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this State:

§576B-613 Jurisdiction to modify child support order of another state when individual parties reside in this State. (a) If all of the parties who are individuals reside in this State and the child does not reside in the issuing state, a tribunal of this State has jurisdiction to …

§576B-614 Notice to issuing tribunal of modification. Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the …

PART IV. REGISTRATION AND MODIFICATION OF FOREIGN CHILD SUPPORT ORDER §576B-615 Jurisdiction to modify child support order of foreign country. (a) Except as otherwise provided in section 576B-711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child …

§576B-616 Procedure to register child support order of foreign country for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this State under sections …

ARTICLE 7. SUPPORT PROCEEDING UNDER CONVENTION §576B-701 Definitions. As used in this article unless the context otherwise requires: "Application" means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistan…

§576B-702 Applicability. This article applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this article is inconsistent with Articles 1 through 6, this article controls. [L 2015, c 77, pt of §1]

§576B-703 Relationship of support enforcement agency to United States central authority. The support enforcement agency of this State is recognized as the agency designated by the United States central authority to perform specific functions under the Convention. [L 2015, c 77, p…

§576B-704 Initiation by support enforcement agency of support proceeding under Convention. (a) In a support proceeding under this article, the support enforcement agency of this State shall: (b) The following support proceedings are available to an obligee under the Convention: (…

§576B-705 Direct request. (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this State applies. (b) A petitioner may file a direct request seeking recognition…

§576B-706 Registration of Convention support order. (a) Except as otherwise provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this State as provided in Article 6. (b…

§576B-707 Contest of registered Convention support order. (a) Except as otherwise provided in this article, sections 576B-605 through 576B-608 apply to a contest of a registered Convention support order. (b) A party contesting a registered Convention support order shall file a co…

§576B-708 Recognition and enforcement of registered Convention support order. (a) Except as otherwise provided in subsection (b), a tribunal of this State shall recognize and enforce a registered Convention support order. (b) The following grounds are the only grounds on which a …

§576B-709 Partial enforcement. If a tribunal of this State does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention su…

§576B-710 Foreign support agreement. (a) Except as otherwise provided in subsections (c) and (d), a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State. (b) An application or direct request for recognition and enforcement of a f…

§576B-711 Modification of Convention child support order. (a) A tribunal of this State may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless: (b) If a tribunal of this State does not modi…

§576B-712 Personal information; limit on use. Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted. [L 2015, c 77, pt of §1]

§576B-713 Record in original language; English translation. A record filed with a tribunal of this State under this article shall be in the original language and, if not in English, shall be accompanied by an English translation. [L 2015, c 77, pt of §1]

ARTICLE 8. INTERSTATE RENDITION §576B-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: (c) A provi…

§576B-802 Conditions of rendition. (a) Before making a demand 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…

ARTICLE 9. MISCELLANEOUS PROVISIONS §576B-901 Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [L 1997,…

§576B-902 Transitional provision. This chapter applies to proceedings begun on or after the effective date of this chapter to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreeme…

§576D-1 Definitions. For the purpose of this chapter: "Absent parent" means a parent who is absent from the family, whether or not the parent is a debtor parent. "Agency" means the child support enforcement agency established under section 576D-2. "Child support" means payment fo…

§576D-10 Collection and disbursal of child support; direct payment exception. (a) The agency shall collect and disburse child support payments when an order requires the collection and disbursal. In the event of any default by the obligor, upon notification of the default by the …

§576D-10.5 Liens. (a) Whenever any obligor through judicial or administrative process in this State or any other state has been ordered to pay an allowance for the support, maintenance, or education of a child, or for the support and maintenance of a spouse or former spouse in co…

§576D-11 Staff. The attorney general shall appoint, without regard to chapter 76: In addition, the attorney general shall appoint, pursuant to chapter 76, other personnel as may be required to discharge the functions of the child support enforcement agency. The staff attorney sha…

[§576D-11.5] Criminal history record checks. (a) The agency shall develop procedures for obtaining verifiable information regarding the criminal history of any person, including any contractor, who is employed, seeking employment with, or provides or seeks to provide services to …

§576D-12 Protection of records; divulging confidential information prohibited; penalties. (a) The agency and its agents shall keep records that may be necessary or proper in accordance with this chapter. All applications and records concerning any individual or case shall be conf…

§576D-13 Suspension or denial of licenses. (a) Upon a determination that an obligor is not in compliance with an order of support as defined in section 576D-1 or that an individual failed to comply with a subpoena or warrant relating to a paternity or child support proceeding, an…

§576D-14 Implementation of income withholding. (a) For cases being enforced under the Title IV-D state plan or for those parents applying to the agency for services, the income of an obligor who receives income on a periodic basis and who has a support obligation imposed by a sup…

§576D-15 Financial institution data match system. (a) The agency may enter into agreements with financial institutions doing business in the State to develop and operate a data match system for the purposes of support enforcement, using automated data exchanges to the maximum ext…

§576D-16 Duty of employers to report new hires to the agency; civil penalties for failure to comply with reporting; national new hire directory. (a) Beginning October 1, 1998, each employer in the State shall report to the agency within twenty days of hire, the name, address, soc…

§576D-17 Violations; penalties. (a) Unless otherwise provided, any person or entity in the State including for-profit, nonprofit, and labor organizations, and any agency, board, commission, authority, court, or committee of the State or its political subdivisions that knowingly, …

§576D-2 Designation of child support enforcement agency; duties. There is created the child support enforcement agency for the State as required under Title IV-D. The agency shall be within the department of the attorney general. The child support enforcement agency shall:

§576D-3 Obtaining or enforcing child support. (a) The agency shall undertake any legal or administrative action to secure support for a child by enforcing an existing court order or obtaining a court order of support. (b) To carry out its responsibilities imposed under this chapt…

[§576D-4] Establishment of paternity. When necessary to obtain child support for a child under section 576D-3, the agency shall take any legal or administrative action to establish the paternity of the child. The agency shall undertake the action on behalf of the State, child, cu…