Title 15B, Title 15B: Uniform Interstate Family Support Act (1996)

§ 1105. Application to a resident of foreign country and foreign support proceeding (a) A tribunal of this State shall apply chapters 11 through 16 and, as applicable, chapter 17 of this title to a support proceeding involving: (1) a foreign support order; (2) a foreign tribunal;…

§ 1201. 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’s guardian or conservator …

§ 1202. Duration of personal jurisdiction Personal jurisdiction acquired by a tribunal of this State in a proceeding under this title or other law of this State relating to a support order continues as long as a tribunal of this State has continuing exclusive jurisdiction to modi…

§ 1203. Initiating and responding tribunal Under this title, 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 foreign country. (Added 2015…

§ 1204. Simultaneous proceedings in another state (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 compa…

§ 1205. Continuing, exclusive jurisdiction to modify a child support order (a) A tribunal of this State that has issued a child support order consistent with the law of this State shall have and exercise continuing, exclusive jurisdiction to modify its child support order if the …

§ 1206. Continuing jurisdiction to enforce a child support order (a) A tribunal of this State or the Office of Child Support 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 e…

§ 1207. Determination of controlling child support order (a) If a proceeding is brought under this title and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized. (b) If a proceeding is brought under this title, and two or…

§ 1208. 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 by …

§ 1209. 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 the support of the same child issued by a tribunal …

§ 1210. Application to a nonresident subject to personal jurisdiction A tribunal of this State exercising personal jurisdiction over a nonresident in a proceeding under this title, under other law of this State relating to a support order, or recognizing a foreign support order m…

§ 1211. 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 the…

§ 1301. Proceedings under this title (a) Except as otherwise provided in this title, this chapter applies to all proceedings under this title. (b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this title by filing a petition i…

§ 1302. Proceeding by a 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. (Added 2015, No. 16, § 2, eff. June 1, 2015.)

§ 1303. Application of law of State Except as otherwise provided in this title, 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 provide …

§ 1304. Duties of initiating tribunal (a) Upon the filing of a petition authorized by this title, an initiating tribunal of this State or the Office of Child Support shall forward one copy of the petition and its accompanying documents: (1) to the responding tribunal or appropria…

§ 1305. Duties and powers of responding tribunal (a) When a responding tribunal of this State or the Office of Child Support receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection 1301(b) of this title, it shall cause the petitio…

§ 1306. Inappropriate tribunal If a petition or comparable pleading is received by an inappropriate tribunal of this State or the Office of Child Support, it shall forward the pleading and accompanying documents to an appropriate tribunal in this State or another state and notify…

§ 1307. Duties of support enforcement (a) A support enforcement agency of this State, upon request, shall provide services to a petitioner in a proceeding under this title. (b) A support enforcement agency of this State that is providing services to the petitioner shall: (1) take…

§ 1308. Duty of the Attorney General (a) If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services under this title, the Attorney General may order the agency to perform its duties under this title or may provide those se…

§ 1309. Private counsel An individual may employ private counsel to represent the individual in proceedings authorized by this title. (Added 2015, No. 16, § 2, eff. June 1, 2015.)

§ 1310. Duties of the Office of Child Support (a) The Office of Child Support is the State Information Agency under this title. (b) The State Information Agency shall: (1) compile and maintain a current list, including addresses, of the tribunals in this State which have jurisdic…

§ 1311. Pleadings and accompanying documents (a) In a proceeding under this title, 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 petitio…

§ 1312. 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 must be s…

§ 1313. Costs and fees (a) The petitioner must 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 re…

§ 1314. Limited immunity of petitioner (a) Participation by a petitioner in a proceeding under this title before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction ov…

§ 1315. 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 title. (Added 2015, No. 16, § 2, eff. June 1, 2015.)

§ 1316. 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 pare…

§ 1317. Communications between tribunals A tribunal of this State or the Office of Child Support 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 of that state, the legal ef…

§ 1318. Assistance with discovery A tribunal or the Office of Child Support 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 b…

§ 1319. 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 an…

§ 1401. Establishment of support order (a) If a support order entitled to recognition under this title has not been issued, a responding tribunal of this State with personal jurisdiction over the parties may issue a support order if: (1) the individual seeking the order resides o…

§ 1402. Proceeding to determine parentage 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 title or a law or procedure substantially similar to this title.…

§ 1501. Employer’s receipt of an income withholding from 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 person defined as the obligor’s employer under the income withholdin…

§ 1502. Employer’s compliance with an income withholding order from 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 …

§ 1503. Employer’s compliance with two or more income withholding orders If the 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…

§ 1504. Immunity from civil liability An employer who complies with an income withholding order issued in another state in accordance with this chapter is not subject to civil liability to an individual or agency with regard to the employer’s withholding of child support from the…

§ 1505. Penalties for noncompliance An employer who willfully fails to comply with an income withholding order issued by 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 St…

§ 1506. Contest by an 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…

§ 1507. 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 sup…

§ 1601. Registration of an order for enforcement A support order or income withholding order issued in another state or a foreign support order may be registered in this State for enforcement. (Added 2015, No. 16, § 2, eff. June 1, 2015.)

§ 1602. Procedure to register an order for enforcement (a) Except as otherwise provided in section 1706 of this title, 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 t…

§ 1603. 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 registering tribunal of this State. (b) A registered support order issued in another stat…

§ 1604. Choice of law (a) Except as otherwise provided in subsection (d) of this section, 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…

§ 1605. Notice of registration of an 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 must notify the nonregistering party. The notice shall be accompanied by a copy…

§ 1606. Procedure to contest the validity or enforcement of a registered order (a) 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 section 1605 of this title. The…