Title 8, Family Law & Probate

Modification of Child-Support Order of Another State. (a) If 8 CMC § 15613 does not apply, upon petition a tribunal of this state may modify a child-support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that: (1) …

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 which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state: (a) may enforce its o…

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 enforce an…

Notice to Issuing Tribunal of Modification. 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,…

Jurisdiction to Modify Child-Support Order of Foreign Country. (a) Except as otherwise provided in 8 CMC § 15711, 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 jurisdictio…

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 8 CMC §§ 15601–1560…

Definitions. In this Article: (a) “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. (b) “Central authority” means the entity designated by the Unite…

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. Source: PL 20-22 § 6 (Oct. 6, 2017).

Relationship of Child Support Enforcement Division to United States Central Authority. The Child Support Enforcement Division of this state is recognized as the agency designated by the United States central authority to perform specific functions under the Convention. Source: PL…

Initiation by Child Support Enforcement Division of Support Proceeding Under Convention. (a) In a support proceeding under this Article, the Child Support Enforcement Division of this state shall: (1) transmit and receive applications; and (2) initiate or facilitate the instituti…

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 and enfor…

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) Notwiths…

Contest of Registered Convention Support Order. (a) Except as otherwise provided in this Article, 8 CMC §§ 15605–15608 apply to a contest of a registered Convention support order. (b) A party contesting a registered Convention support order shall file a contest not later than 30 …

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 tribunal o…

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 support orde…

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 foreign sup…

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: (1) the obligee submits to the jurisdiction of a tribun…

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. Source: PL 20-22 § 6 (Oct. 6, 2017).

Record in Original Language; English Translation. A record filed with a tribunal of this state under this Article must be in the original language and, if not in English, must be accompanied by an English translation. Source: PL 20-22 § 6 (Oct. 6, 2017).

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 Act. (b) The governor of this state may: (1) demand that the governor of another state surrender a…

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 to demons…

Uniformity of Application and Construction. In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: PL 20-22 § 6 (Oct. 6, 2017).

Transitional Provision. This Act applies to all child support proceedings pending as of its effective date and to all proceedings begun on or after the effective date of this Act to establish a support order or determine parentage of a child or to register, recognize, enforce, or…

Petition for Transfer of Decedent’s Personalty. When a decedent leaves personal property, including but not limited to cash, bank or other accounts, wages or salary due, shares of stock or other interest in any business enterprise, and goods and chattels of any nature, of a total…

Contents of Petition. The sworn petition shall set forth the name, residence and date of death of the decedent, and the names and addresses of the surviving spouse, children, brothers and sisters of the decedent, and the eldest living brother of decedent’s mother, the head of the…

Order of Transfer. Upon the filing of such petition, if it appears to the court that the ends of justice will be served, the court may issue an order, either without notice or after such notice as it deems proper, directing the transfer of the personal property to the petitioner,…

Objections. Any person upon whom demand is made to transfer money or other property under the terms of the order who denies the right of petitioner or other transferee to receive the same shall, within ten days of the demand being made upon him to transfer the money or other prop…

Procedure if Debts Exceed Value of Assets. If the transferee finds, after the receipt of the personal property under the order of transfer, debts in excess of the exempt property and homestead allowance, and that the debts of decedent do in fact exceed the value of the property r…

Responsibility of Transferee. The transferee shall be personally responsible for any property received by him under any order issued pursuant to this article, and any party claiming an interest in the property may, after demand, file an objection to the court setting forth the gr…

Short Title. This article may be cited as the War Claims Probate Act. Source: PL 6-9, § 1. Commission Comment: PL 6-9 took effect October 7, 1988.

Purpose and Findings. The legislature finds that the United States Congress has appropriated funds for the payment of more than 2,000 outstanding awards made by the Micronesian War Claims Commission to citizens of the Commonwealth of the Northern Mariana Islands. A substantial nu…

War Claim Awards. Awards made by the Micronesian War Claims Commission shall devolve upon the heirs of the claimant in accordance with law; however, at the option of the petitioning heir, the heir may petition the court that the probate of a war claim be administered in accordanc…

War Claims to be Probated Separately. For purposes of this article, the war claim probate shall be limited only to the war claim award, and no other assets may be included in this probate. The war claim award shall be probated separate and apart from the rest of the decedent’s es…

Removal to Regular Probate Proceedings. In addition to the rights afforded in 8 CMC § 2506, any party claiming an interest in the war claims award as an heir, creditor, or otherwise, may file an objection with the court within 10 days of the transfer order, setting forth the grou…

Filing Fee Waived. Those filing petitions under this special war claim probate procedures shall not be required to pay a court filing fee of any sort. Source: PL 6-9, § 6.

Public Defender to Provide Services; Preparation of Petition. Notwithstanding the provisions of 1 CMC § 2203(b), the Public Defender shall render legal assistance regarding the filing of petitions pursuant to this special war claim probate procedure. Further, the Public Defender …

Non-Taxability of Award. Awards made by the Micronesian War Claims Commission shall not be subject to any tax. Source: PL 6-9, § 8.