Title FCT, Family Court

§ 580-206. Continuing jurisdiction to enforce child support order. (a)\nA tribunal of this state that has issued a child support order\nconsistent with the law of this state may serve as an initiating\ntribunal to request a tribunal of another state to enforce:\n (1) the order i…

§ 580-207. Determination of controlling child support order. (a) If a\nproceeding is brought under this article and only one tribunal has\nissued a child support order, the order of that tribunal controls and\nmust be recognized.\n (b) If a proceeding is brought under this artic…

§ 580-208. Child support orders for two or more obligees. In\nresponding to registrations or petitions for enforcement of two or more\nchild support orders in effect at the same time with regard to the same\nobligor and different individual obligees, at least one of which was\ni…

§ 580-209. Credit for payments. A tribunal of this state shall credit\namounts collected for a particular period pursuant to any child support\norder against the amounts owed for the same period under any other child\nsupport order for support of the same child issued by a tribu…

§ 580-210. Application of article to nonresident subject to personal\njurisdiction. A tribunal of this state exercising personal jurisdiction\nover a nonresident in a proceeding under this article, under other law\nof this state relating to a support order, or recognizing a fore…

§ 580-211. Continuing exclusive jurisdiction to modify spousal-support\norder. (a) A tribunal of this state issuing a spousal-support order\nconsistent with the law of this state has continuing, exclusive\njurisdiction to modify the spousal-support order throughout the\nexistenc…

§ 580-301. Proceedings under article. (a) Except as otherwise provided\nin this article, this part applies to all proceedings under this\narticle.\n (b) An individual petitioner or a support enforcement agency may\ninitiate a proceeding authorized under this article by filing a …

§ 580-302. Proceeding by a minor parent. A minor parent, or a guardian\nor other legal representative of a minor parent, may maintain a\nproceeding on behalf of or for the benefit of the minor's child.\n

§ 580-303. Application of law of state. Except as otherwise provided\nin this article, a responding tribunal of this state shall:\n 1. apply the procedural and substantive law generally applicable to\nsimilar proceedings originating in this state and may exercise all\npowers and…

§ 580-304. Duties of initiating tribunal. (a) Upon the filing of a\npetition authorized by this article, an initiating tribunal of this\nstate shall forward the petition and its accompanying documents:\n (1) to the responding tribunal or appropriate support enforcement\nagency i…

§ 580-305. Duties and powers of responding tribunal. (a) When a\nresponding tribunal of this state receives a petition or comparable\npleading from an initiating tribunal or directly pursuant to subdivision\n(b) of section 580-301 of this part, it shall cause the petition or\npl…

§ 580-306. Inappropriate tribunal. If a petition or comparable\npleading is received by an inappropriate tribunal of this state, the\ntribunal shall forward the pleading and accompanying documents to an\nappropriate tribunal of this state or another state and notify the\npetitio…

§ 580-307. Duties of support enforcement agency. (a) A support\nenforcement agency of this state, upon request, shall provide services\nto a petitioner in a proceeding under this article.\n (b) A support enforcement agency of this state that is providing\nservices to the petitio…

§ 580-308. Duty of certain state officials. (a) If the attorney\ngeneral determines that the support enforcement agency is neglecting or\nrefusing to provide services to an individual, the attorney general may\norder the agency to perform its duties under this article or may pro…

§ 580-309. Private counsel. An individual may employ private counsel\nto represent the individual in proceedings authorized by this article.\n

§ 580-310. Duties of state information agency. (a) The office of\ntemporary and disability assistance is the state information agency\nunder this article.\n (b) The state information agency shall:\n (1) compile and maintain a current list, including addresses, of the\ntribunals …

§ 580-311. Pleadings and accompanying documents. (a) In a proceeding\nunder this article, a petitioner seeking to establish a support order,\nto determine parentage of a child or to register and modify a support\norder of a tribunal of another state or a foreign country must fil…

§ 580-312. Nondisclosure of information in exceptional circumstances.\nIf a party alleges in an affidavit or a pleading under oath that the\nhealth, safety or liberty of a party or child would be jeopardized by\ndisclosure of specific identifying information, that information mu…

§ 580-313. Costs and fees. (a) The petitioner may not be required to\npay a filing fee or other costs.\n (b) If an obligee prevails, a responding tribunal of this state may\nassess against an obligor filing fees, reasonable attorney's fees, other\ncosts, and necessary travel and…

§ 580-314. Limited immunity of petitioner. (a) Participation by a\npetitioner in a proceeding under this article before a responding\ntribunal, whether in person, by private attorney or through services\nprovided by the support enforcement agency, does not confer personal\njuris…

§ 580-315. Nonparentage as defense. A party whose parentage of a child\nhas been previously determined by or pursuant to law may not plead\nnonparentage as a defense to a proceeding under this article.\n

§ 580-316. Special rules of evidence and procedure. (a) The physical\npresence of a nonresident party who is an individual in a tribunal of\nthis state is not required for the establishment, enforcement or\nmodification of a support order, or the rendition of a judgment\ndetermi…

§ 580-317. Communications between tribunals. A tribunal of this state\nmay communicate with a tribunal outside this state in a record or by\ntelephone, electronic mail or other means, to obtain information\nconcerning the laws, the legal effect of a judgment, decree or order of\…

§ 580-318. Assistance with discovery. A tribunal of this state may:\n 1. request a tribunal outside this state to assist in obtaining\ndiscovery; and\n 2. upon request, compel a person over which it has jurisdiction to\nrespond to a discovery order issued by a tribunal outside t…

§ 580-319. Receipt and disbursement of payments. (a) A support\nenforcement agency or tribunal of this state shall disburse promptly any\namounts received pursuant to a support order, as directed by the order.\nThe agency or tribunal shall furnish to a requesting party or tribun…

§ 580-401. Establishment of support order. (a) If a support order\nentitled to recognition under this article has not been issued, a\nresponding tribunal of this state with personal jurisdiction over the\nparties may issue a support order if:\n (1) the individual seeking the ord…

§ 580-402. Proceeding to determine parentage. A tribunal of this state\nauthorized to determine parentage of a child may serve as a responding\ntribunal in a proceeding to determine parentage of a child brought under\nthis article or a law or procedure substantially similar to t…

§ 580-501. Employer's receipt of income withholding order of another\nstate. An income withholding order issued in another state may be sent\nby or on behalf of the obligee, or by the support enforcement agency, to\nthe person defined as the obligor's employer or income payor un…

§ 580-502. Employer's compliance with income withholding order of\nanother state. (a) Upon receipt of an income withholding order, the\nobligor's employer shall immediately provide a copy of the order to the\nobligor.\n (b) The employer shall treat an income withholding order is…

§ 580-503. Compliance with multiple income withholding orders. If an\nobligor's employer receives two or more income withholding orders with\nrespect to the earnings of the same obligor, the employer satisfies the\nterms of the orders if the employer complies with the law of the…

§ 580-504. Immunity from civil liability. An employer that complies\nwith an income withholding order issued in another state in accordance\nwith this part is not subject to civil liability to an individual or\nagency with regard to the employer's withholding of child support fr…

§ 580-505. Penalties for noncompliance. An employer that willfully\nfails to comply with an income withholding order issued in another state\nand received for enforcement is subject to the same penalties that may\nbe imposed for noncompliance with an order issued by a tribunal o…

§ 580-506. Contest by obligor. (a) An obligor may contest the validity\nor enforcement of an income withholding order issued in another state\nand received directly by an employer in this state by registering the\norder in a tribunal of this state and filing a contest to that or…

§ 580-507. Administrative enforcement of orders. (a) A party or\nsupport enforcement agency seeking to enforce a support order or an\nincome withholding order, or both, issued in another state or a foreign\nsupport order may send the documents required for registering the order\…

§ 580-601. Registration of order for enforcement. A support order or\nincome withholding order issued in another state or a foreign support\norder may be registered in this state for enforcement.\n

§ 580-602. Procedure to register order for enforcement. (a) Except as\notherwise provided in section 580-706 of this article, a support order\nor income withholding order of another state or a foreign support order\nmay be registered in this state by sending the following record…

§ 580-603. Effect of registration for enforcement. (a) A support order\nor income withholding order issued in another state or a foreign support\norder is registered when the order is filed in the registering tribunal\nof this state.\n (b) A registered support order issued in an…

§ 580-604. Choice of law. (a) Except as otherwise provided in\nsubdivision (d) of this section, the law of the issuing state or foreign\ncountry governs:\n (1) the nature, extent, amount and duration of current payments under\na registered support order;\n (2) the computation an…

§ 580-605. Notice of registration of order. (a) When a support order\nor income withholding order issued in another state or a foreign support\norder is registered, the registering tribunal of this state shall notify\nthe nonregistering party. The notice must be accompanied by a…

§ 580-606. Procedure to contest validity or enforcement of registered\nsupport order. (a) A nonregistering party seeking to contest the\nvalidity or enforcement of a registered support order in this state\nshall request a hearing within the time required by section 580-605 of\nt…

§ 580-607. Contest of registration or enforcement. (a) A party\ncontesting the validity or enforcement of a registered support order or\nseeking to vacate the registration has the burden of proving one or more\nof the following defenses:\n (1) the issuing tribunal lacked persona…

§ 580-608. Confirmed order. Confirmation of a registered support\norder, whether by operation of law or after notice and hearing,\nprecludes further contest of the order with respect to any matter that\ncould have been asserted at the time of registration.\n

§ 580-609. Procedure to register child support order of another state\nfor modification. A party or support enforcement agency seeking to\nmodify, or to modify and enforce a child support order issued in another\nstate shall register that order in this state in the same manner\n…

§ 580-610. Effect of registration for modification. A tribunal of this\nstate may enforce a child support order of another state registered for\npurposes of modification, in the same manner as if the order had been\nissued by a tribunal of this state, but the registered support …

§ 580-611. Modification of child support order of another state. (a)\nIf section 580-613 of this subpart does not apply, upon petition a\ntribunal of this state may modify a child support order issued in\nanother state which is registered in this state if, after notice and\nhear…

§ 580-612. Recognition of order modified in another state. If a child\nsupport order issued by a tribunal of this state is modified by a\ntribunal of another state which assumed jurisdiction pursuant to the\nUniform Interstate Family Support Act, a tribunal of this state:\n (a) …

§ 580-613. Jurisdiction to modify child support order of another state\nwhen individual parties reside in this state. (a) If all of the parties\nwho are individuals reside in this state and the child does not reside\nin the issuing state, a tribunal of this state has jurisdictio…

§ 580-614. Notice to issuing tribunal of modification. Within thirty\ndays after issuance of a modified child support order, the party\nobtaining the modification shall file a certified copy of the order with\nthe issuing tribunal that had continuing, exclusive jurisdiction over…

§ 580-615. Jurisdiction to modify child support order of foreign\ncountry. (a) Except as otherwise provided in section 580-711 of this\narticle, if a foreign country lacks or refuses to exercise jurisdiction\nto modify its child support order pursuant to its laws, a tribunal of\…

§ 580-616. Procedure to register child support order of foreign\ncountry for modification. A party or support enforcement agency seeking\nto modify, or to modify and enforce, a foreign child support order not\nunder the Convention may register that order in this state under\nsec…