Title 40, Title 40

(1) Upon the filing of a petition authorized by this part, an initiating tribunal of this state shall forward the petition and its accompanying documents: (a) to the responding tribunal or appropriate support enforcement agency in the responding state; or (b) if the identity of t…

(1) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to 40-5-1021(2), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (2) A responding tr…

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent…

(1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this part. (2) A support enforcement agency of this state that is providing services to the petitioner shall: (a) take all steps necessary to enable an appro…

(1) If the attorney general determines that a 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 part or may provide those services directly to the individual. (2) T…

An individual may employ private counsel to represent the individual in proceedings authorized by this part.

(1) The department of public health and human services is designated as the state information agency under this part. (2) The state information agency shall: (a) compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction under …

(1) In a proceeding under this part, 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 must file a petition. Unless otherwise ordered under 40-5-1032,…

If a party alleges in an affidavit or 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 the other party or the public. Aft…

(1) The petitioner may not be required to pay a filing fee or other costs. (2) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney fees, other costs, and necessary travel and other reasonable expenses incurred…

(1) Participation by a petitioner in a proceeding under this part 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.…

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 part.

(1) 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 parentage of a child. (2) An affidavit, a document s…

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 that tribunal, and the status of a proceeding. A…

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 state.

(1) 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 or a foreign country a certified …

(1) If a support order entitled to recognition under this part has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if: (a) the individual seeking the order resides outside this state; or (b) the support en…

A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding brought under this part to determine parentage of a child.

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 defined as the obligor's employer under the income-withholding laws of this state without first filing a petition or comparable pleadi…

(1) (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 that appears regular on its face as if it had been issued by …

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 law of the state of the obligor's principal place of employment to establish …

An employer that complies with an income-withholding order issued in another state in accordance with this section is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.

An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

(1) 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 40-5-1055 throug…

(1) 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 support enforcement agency of this state. (2) Up…

A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.

(1) Except as otherwise provided in 40-5-1078, 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 department of public health and human services pursuant to 40-5-263 or to…

(1) 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 registering tribunal of this state. (2) A registered support order issued in another state or a foreign country is enforceable in the sa…

(1) Except as otherwise provided in subsection (4), the law of the issuing state or foreign country governs: (a) the nature, extent, amount, and duration of current payments under a registered support order; (b) the computation and payment of arrearages and accrual of interest on…

(1) 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 party. The notice must be accompanied by a copy of the registered order and the documents …

(1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by 40-5-1059. A court hearing may be conducted by teleconferencing methods. A support enforcement agency hearing …

(1) 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: (a) the issuing tribunal lacked personal jurisdiction over the contesting party; (b) the order w…

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.

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 40-5-1055 through 40-5-1062 if the order has not been registered. A petition for m…

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 support order may be modified only if the requirements of 40-5-…

(1) If 40-5-1067 does not apply, upon petition a tribunal of this state may modify a child support order that is issued in another state and that is registered in this state if after notice and hearing, the tribunal finds that: (a) the following requirements are met: (i) neither …

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: (1) may enforce its order that was modified only as to arrears and int…

(1) 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 enforce and modify the issuing state's child support order in a proceeding to register that order. (2) A tribunal of…

(1) Within 30 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 earlier order and in each tribunal in which the party …

(1) Except as otherwise provided in 40-5-1083, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subjec…

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 40-5-1055 through 40-5-1062 if the order has not been registered. A petition for modification may …

In 40-5-1073 through 40-5-1085: (1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. (2) "Central authority" means the entity designated by the Uni…

Sections 40-5-1073 through 40-5-1085 apply only to a support proceeding under the convention. In such a proceeding, if a provision of 40-5-1073 through 40-5-1085 is inconsistent with 40-5-1001 through 40-5-1005, 40-5-1008 through 40-5-1018, 40-5-1021 through 40-5-1039, 40-5-1042,…

The department of public health and human services of this state is recognized as the agency designated by the United States central authority to perform specific functions under the convention.

(1) In a support proceeding under 40-5-1073 through 40-5-1085, the department of public health and human services of this state shall: (a) transmit and receive applications; and (b) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of t…

(1) 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. (2) A petitioner may file a direct request seeking recognition and enforcement of a supp…