2013 North Dakota Century Code Title 14 Domestic Relations and Persons Chapter 14-12.2 Uniform Interstate Family Support Act
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CHAPTER 14-12.2
UNIFORM INTERSTATE FAMILY SUPPORT ACT
14-12.2-01. (Contingent expiration date - See note) (101) Definitions.
As used in this chapter:
1. "Child" means an individual, whether over or under the age of majority, who is or is
alleged to be owed a duty of support by the individual's parent or who is or is alleged
to be the beneficiary of a support order directed to the parent.
2. "Child support order" means a support order for a child, including a child who has
attained the age of majority under the law of the issuing state.
3. "Duty of support" means an obligation imposed or imposable by law to provide support
for a child, spouse, or former spouse, including an unsatisfied obligation to provide
support.
4. "Home state" means the state in which a child lived with a parent or a person acting as
parent for at least six consecutive months immediately preceding the time of filing of a
petition or comparable pleading for support and, if a child is less than six months old,
the state in which the child lived from birth with any of them. A period of temporary
absence of any of them is counted as part of the six-month period or other period.
5. "Income" includes earnings or other periodic entitlements to money from any source
and any other property subject to withholding for support under the law of this state.
6. "Income-withholding order" means an order or other legal process directed to an
obligor's employer or income payer, as defined by section 14-09-09.10, to withhold
support from the income of the obligor.
7. "Initiating state" means a state from which a proceeding is forwarded or in which a
proceeding is filed for forwarding to a responding state under this chapter or a law or
procedure substantially similar to this chapter, the Uniform Reciprocal Enforcement of
Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
8. "Initiating tribunal" means the authorized tribunal in an initiating state.
9. "Issuing state" means the state in which a tribunal issues a support order or renders a
judgment determining parentage.
10. "Issuing tribunal" means the tribunal that issues a support order or renders a judgment
determining parentage.
11. "Law" includes decisional and statutory law and rules having the force of law.
12. "Obligee" means:
a. An individual to whom a duty of support is or is alleged to be owed or in whose
favor a support order has been issued or a judgment determining parentage has
been rendered;
b. A state or political subdivision to which the rights under a duty of support or
support order have been assigned or which has independent claims based on
financial assistance provided to an individual obligee; or
c. An individual seeking a judgment determining parentage of the individual's child.
13. "Obligor" means an individual, or the estate of a decedent:
a. Who owes or is alleged to owe a duty of support;
b. Who is alleged but has not been adjudicated to be a parent of a child; or
c. Who is liable under a support order.
14. "Register" means to file a support order or judgment determining parentage in the
registry of foreign support orders.
15. "Registering tribunal" means a tribunal in which a support order is registered.
16. "Responding state" means a state in which a proceeding is filed or to which a
proceeding is forwarded for filing from an initiating state under this chapter or a law or
procedure substantially similar to this chapter, the Uniform Reciprocal Enforcement of
Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
17. "Responding tribunal" means the authorized tribunal in a responding state.
18. "Spousal support order" means a support order for a spouse or former spouse of the
obligor.
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19.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States. The term includes:
a. An Indian tribe; and
b. A foreign jurisdiction that has enacted a law or established procedures for
issuance and enforcement of support orders which are substantially similar to the
procedures under this chapter, the Uniform Reciprocal Enforcement of Support
Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
20. "Support enforcement agency" means a public official or agency authorized to seek:
a. Enforcement of support orders or laws relating to the duty of support;
b. Establishment or modification of child support;
c. Determination of parentage; or
d. To locate obligors or their assets.
21. "Support order" means a judgment, decree, or order, whether temporary, final, or
subject to modification, for the benefit of a child, a spouse, or a former spouse, which
provides for monetary support, health care, arrearages, or reimbursement, and may
include related costs and fees, interest, income withholding, attorney's fees, and other
relief.
22. "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to
establish, enforce, or modify support orders or to determine parentage.
(Contingent effective date - See note) (102) Definitions. As used in this chapter:
1. "Child" means an individual, whether over or under the age of majority, who is or is
alleged to be owed a duty of support by the individual's parent or who is or is alleged
to be the beneficiary of a support order directed to the parent.
2. "Child support order" means a support order for a child, including a child who has
attained the age of majority under the law of the issuing state or foreign country.
3. "Convention" means the convention on the international recovery of child support and
other forms of family maintenance, concluded at The Hague on November 23, 2007.
4. "Duty of support" means an obligation imposed or imposable by law to provide support
for a child, spouse, or former spouse, including an unsatisfied obligation to provide
support.
5. "Foreign country" means a country, including a political subdivision thereof, other than
the United States, that under its law authorizes the issuance of support orders and:
a. Which has been declared under the law of the United States to be a foreign
reciprocating country;
b. Which has established a reciprocal arrangement for child support with this state
as provided in section 14-12.2-20;
c. Which has enacted a law or established procedures for the issuance and
enforcement of support orders which are substantially similar to the procedures
under this chapter; or
d. In which the convention is in force with respect to the United States.
6. "Foreign support order" means a support order of a foreign tribunal.
7. "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a
foreign country authorized to establish, enforce, or modify support orders or to
determine parentage of a child. The term includes a competent authority in a
proceeding subject to sections 14-12.2-47.1 through 14-12.2-47.13, which may be a
judicial or administrative authority in a proceeding in a foreign country.
8. "Home state" means the state or foreign country in which a child lived with a parent or
a person acting as parent for at least six consecutive months immediately preceding
the time of filing of a petition or comparable pleading for support and, if a child is less
than six months old, the state or foreign country in which the child lived from birth with
any of them. A period of temporary absence of any of them is counted as part of the
six-month period or other period.
9. "Income" includes earnings or other periodic entitlements to money from any source
and any other property subject to withholding for support under the law of this state.
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"Income-withholding order" means an order or other legal process directed to an
obligor's employer or income payer, as defined by section 14-09-09.10, to withhold
support from the income of the obligor.
"Initiating tribunal" means the authorized tribunal of a state or foreign country from
which a proceeding is forwarded or in which a proceeding is filed for forwarding to
another state or foreign country.
"Issuing foreign country" means the country in which a tribunal issues a support order
or judgment determining parentage.
"Issuing state" means the state in which a tribunal issues a support order or a
judgment determining parentage.
"Issuing tribunal" means the tribunal of a state or foreign country that issues a support
order or a judgment determining parentage of a child.
"Law" includes decisional and statutory law and rules having the force of law.
"Obligee" means:
a. An individual to whom a duty of support is or is alleged to be owed or in whose
favor a support order has been issued or a judgment determining parentage has
been issued;
b. A state, a political subdivision of a state, or a foreign country, to which the rights
under a duty of support or support order have been assigned or which has
independent claims based on financial assistance provided to an individual
obligee in place of child support;
c. An individual seeking a judgment determining parentage of the individual's child;
or
d. A person that is a creditor in a proceeding subject to sections 14-12.2-47.1
through 14-12.2-47.13.
"Obligor" means an individual, or the estate of a decedent:
a. Who owes or is alleged to owe a duty of support;
b. Who is alleged but has not been adjudicated to be a parent of a child;
c. Who is liable under a support order; or
d. Who is a debtor in a proceeding subject to sections 14-12.2-47.1 through
14-12.2-47.13.
"Outside this state" means a location in another state or a country other than the
United States, whether or not the country is defined as a foreign country.
"Person" means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, public corporation, government or
governmental subdivision, agency, or instrumentality, or any other legal or commercial
entity.
"Record" means information that is inscribed on a tangible medium or that is stored in
an electronic or other medium and is retrievable in perceivable form.
"Register" means to file in a tribunal of this state a support order or judgment
determining parentage issued in another state or foreign country.
"Registering tribunal" means a tribunal in which a support order or judgment
determining parentage is registered.
"Responding state" means a state in which a proceeding is filed or to which a
proceeding is forwarded for filing from another state or foreign country.
"Responding tribunal" means the authorized tribunal in a responding state or foreign
country.
"Spousal support order" means a support order for a spouse or former spouse of the
obligor.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States. The term includes an Indian nation or tribe.
"Support enforcement agency" means a public official or agency authorized to:
a. Seek enforcement of support orders or laws relating to the duty of support;
b. Seek establishment or modification of child support;
c. Request determination of parentage of a child;
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d. Attempt to locate obligors or their assets; or
e. Request determination of the controlling child support order.
"Support order" means a judgment, decree, order, decision, or directive, whether
temporary, final, or subject to modification, issued in a state or foreign country for the
benefit of a child, a spouse, or a former spouse, which provides for monetary support,
health care, arrearages, retroactive support, or reimbursement for financial assistance
provided to an individual obligee in place of child support. The support order may
include related costs and fees, interest, income withholding, automatic adjustment,
attorney's fees, and other relief.
"Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to
establish, enforce, or modify support orders or to determine parentage.
"United States" means all states.
14-12.2-02. (Contingent expiration date - See note) (102) Tribunal of this state.
The district court is the tribunal of this state.
(Contingent effective date - See note) (103) State tribunal and support enforcement
agency.
1. The district court is the tribunal of this state.
2. The department of human services is the support enforcement agency of this state.
14-12.2-03. (Contingent expiration date - See note) (103) Remedies cumulative.
Remedies provided by this chapter are cumulative and do not affect the availability of
remedies under other law.
(Contingent effective date - See note) (104) Remedies cumulative.
1. Remedies provided by this chapter are cumulative and do not affect the availability of
remedies under other law or the recognition of a support order on the basis of comity.
2. This chapter does not:
a. Provide the exclusive method of establishing or enforcing a support order under
the law of this state; or
b. Grant a tribunal of this state jurisdiction to render judgment or issue an order
relating to child custody or visitation in a proceeding under this chapter.
14-12.2-03.1. (Contingent effective date - See note) (105) Application of chapter to
resident of foreign country and foreign support proceeding.
1. A tribunal of this state shall apply sections 14-12.2-01 through 14-12.2-46.4 and, as
applicable, sections 14-12.2-47.1 through 14-12.2-47.13, to a support proceeding
involving:
a. A foreign support order;
b. A foreign tribunal; or
c. An obligee, obligor, or child residing in a foreign country.
2. A tribunal of this state that is requested to recognize and enforce a support order on
the basis of comity may apply the procedural and substantive provisions of sections
14-12.2-01 through 14-12.2-46.4.
3. Sections 14-12.2-47.1 through 14-12.2-47.13 apply only to a support proceeding
subject to the convention. In such a proceeding, if a provision of sections 14-12.2-47.1
through 14-12.2-47.13 is inconsistent with a provision of sections 14-12.2-01 through
14-12.2-46.4, sections 14-12.2-47.1 through 14-12.2-47.13 control.
14-12.2-04. (Contingent expiration date - See note) (201) Bases for jurisdiction over
nonresident.
In a proceeding to establish, enforce, or modify a support order or to determine parentage,
a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the
individual's guardian or conservator if:
1. The individual is personally served with a summons within this state;
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2.
The individual submits to the jurisdiction of this state by consent, by entering a general
appearance, or by filing a responsive document having the effect of waiving any
contest to personal jurisdiction;
3. The individual resided with the child in this state;
4. The individual resided in this state and provided prenatal expenses or support for the
child;
5. The child resides in this state as a result of the acts or directives of the individual;
6. The individual engaged in sexual intercourse in this state and the child may have been
conceived by that act of intercourse; or
7. There is any other basis consistent with the constitutions of this state and the United
States for the exercise of personal jurisdiction.
(Contingent effective date - See note) (201) Bases for jurisdiction over nonresident.
1. 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 if:
a. The individual is personally served with a summons within this state;
b. The individual submits to the jurisdiction of this state by consent in a record, by
entering a general appearance, or by filing a responsive document having the
effect of waiving any contest to personal jurisdiction;
c. The individual resided with the child in this state;
d. The individual resided in this state and provided prenatal expenses or support for
the child;
e. The child resides in this state as a result of the acts or directives of the individual;
f. The individual engaged in sexual intercourse in this state and the child may have
been conceived by that act of intercourse; or
g. There is any other basis consistent with the constitutions of this state and the
United States for the exercise of personal jurisdiction.
2. The bases of personal jurisdiction set forth in subsection 1 or any other law of this
state may not be used to acquire personal jurisdiction for a tribunal of this state to
modify a child support order of another state unless the requirements of section
14-12.2-45 are met, or, in the case of a foreign support order, unless the requirements
of section 14-12.2-46.3 are met.
14-12.2-05. (Contingent expiration date - See note) (202) Procedure when exercising
jurisdiction over nonresident.
A tribunal of this state exercising personal jurisdiction over a nonresident under section
14-12.2-04 may apply section 14-12.2-28 to receive evidence from another state and section
14-12.2-30 to obtain discovery through a tribunal of another state. In all other respects, sections
14-12.2-13 through 14-12.2-47 do not apply and the tribunal shall apply the procedural and
substantive law of this state, including the rules on choice of law other than those established by
this chapter.
(Contingent effective date - See note) (202) Duration of personal jurisdiction. Personal
jurisdiction acquired by a tribunal of this state in a proceeding under this chapter 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 modify its order or continuing jurisdiction to enforce its order as provided
by sections 14-12.2-08, 14-12.2-09, and 14-12.2-12.2.
14-12.2-06. (Contingent expiration date - See note) (203) Initiating and responding
tribunal of this state.
Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward
proceedings to another state and as a responding tribunal for proceedings initiated in another
state.
(Contingent effective date - See note) (203) Initiating and responding tribunal of this
state. Under this chapter, 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.
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14-12.2-07. (Contingent expiration date - See note) (204) Simultaneous proceedings in
another state.
1. A tribunal of this state may exercise jurisdiction to establish a support order if the
petition or comparable pleading is filed after a petition or comparable pleading is filed
in another state only if:
a. The petition or comparable pleading in this state is filed before the expiration of
the time allowed in the other state for filing a responsive pleading challenging the
exercise of jurisdiction by the other state;
b. The contesting party timely challenges the exercise of jurisdiction in the other
state; and
c. If relevant, this state is the home state of the child.
2. A tribunal of this state may not exercise jurisdiction to establish a support order if the
petition or comparable pleading is filed before a petition or comparable pleading is filed
in another state if:
a. The petition or comparable pleading in the other state is filed before the
expiration of the time allowed in this state for filing a responsive pleading
challenging the exercise of jurisdiction by this state;
b. The contesting party timely challenges the exercise of jurisdiction in this state;
and
c. If relevant, the other state is the home state of the child.
(Contingent effective date - See note) (204) Simultaneous proceedings.
1. A tribunal of this state may exercise jurisdiction to establish a support order if the
petition or comparable pleading is filed after a petition or comparable pleading is filed
in another state or foreign country only if:
a. The petition or comparable pleading in this state is filed before the expiration of
the time allowed in the other state or foreign country for filing a responsive
pleading challenging the exercise of jurisdiction by the other state or foreign
country;
b. The contesting party timely challenges the exercise of jurisdiction in the other
state or foreign country; and
c. If relevant, this state is the home state of the child.
2. A tribunal of this state may not exercise jurisdiction to establish a support order if the
petition or comparable pleading is filed before a petition or comparable pleading is filed
in another state or foreign country if:
a. The petition or comparable pleading in the other state or foreign country is filed
before the expiration of the time allowed in this state for filing a responsive
pleading challenging the exercise of jurisdiction by this state;
b. The contesting party timely challenges the exercise of jurisdiction in this state;
and
c. If relevant, the other state or foreign country is the home state of the child.
14-12.2-08. (Contingent expiration date - See note) (205) Continuing, exclusive
jurisdiction.
1. A tribunal of this state issuing a support order consistent with the law of this state has
continuing, exclusive jurisdiction over a child support order:
a. As long as this state remains the residence of the obligor, the individual obligee,
or the child for whose benefit the support order is issued; or
b. Until all of the parties who are individuals have filed written consents with the
tribunal of this state for a tribunal of another state to modify the order and assume
continuing, exclusive jurisdiction.
2. A tribunal of this state issuing a child support order consistent with the law of this state
may not exercise its continuing jurisdiction to modify the order if the order has been
modified by a tribunal of another state pursuant to the Uniform Interstate Family
Support Act or a law substantially similar to this chapter.
3. If a child support order of this state is modified by a tribunal of another state pursuant
to the Uniform Interstate Family Support Act or a law substantially similar to this
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chapter, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to
prospective enforcement of the order issued in this state, and may only:
a. Enforce the order that was modified as to amounts accruing before the
modification;
b. Enforce nonmodifiable aspects of that order; and
c. Provide other appropriate relief for violations of that order which occurred before
the effective date of the modification.
4. A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal
of another state which has issued a child support order pursuant to the Uniform
Interstate Family Support Act or a law substantially similar to this chapter.
5. A temporary support order issued ex parte or pending resolution of a jurisdictional
conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
6. A tribunal of this state issuing a support order consistent with the law of this state has
continuing, exclusive jurisdiction over a spousal support order throughout the
existence of the support obligation. A tribunal of this state may not modify a spousal
support order issued by a tribunal of another state having continuing, exclusive
jurisdiction over that order under the law of that state.
(Contingent effective date - See note) (205) Continuing, exclusive jurisdiction to
modify child support order.
1. A tribunal of this state that has issued a child support order consistent with the law of
this state has and shall exercise continuing, exclusive jurisdiction to modify its child
support order if the order is the controlling order and:
a. At the time of the filing of a request for modification this state is the residence of
the obligor, the individual obligee, or the child for whose benefit the support order
is issued; or
b. Even if this state is not the residence of the obligor, the individual obligee, or the
child for whose benefit the support order is issued, the parties consent in a record
or in open court that the tribunal of this state may continue to exercise jurisdiction
to modify its order.
2. A tribunal of this state that has issued a child support order consistent with the law of
this state may not exercise continuing, exclusive jurisdiction to modify the order if:
a. All of the parties who are individuals file consent in a record with the tribunal of
this state that a tribunal of another state that has jurisdiction over at least one of
the parties who is an individual or that is located in the state of residence of the
child may modify the order and assume continuing, exclusive jurisdiction; or
b. Its order is not the controlling order.
3. If a tribunal of another state has issued a child support order pursuant to the Uniform
Interstate Family Support Act or a law substantially similar to that Act which modifies a
child support order of a tribunal of this state, tribunals of this state shall recognize the
continuing, exclusive jurisdiction of the tribunal of the other state.
4. A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child
support order may serve as an initiating tribunal to request a tribunal of another state
to modify a support order issued in that state.
5. A temporary support order issued ex parte or pending resolution of a jurisdictional
conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
14-12.2-09. (Contingent expiration date - See note) (206) Enforcement and
modification of support order by tribunal having continuing jurisdiction.
1. A tribunal of this state may serve as an initiating tribunal to request a tribunal of
another state to enforce or modify a support order issued in that state.
2. A tribunal of this state having continuing, exclusive jurisdiction over a support order
may act as a responding tribunal to enforce or modify the order. If a party subject to
the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing
state, in subsequent proceedings the tribunal may apply section 14-12.2-28 to receive
evidence from another state and section 14-12.2-30 to obtain discovery through a
tribunal of another state.
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3.
A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal
support order may not serve as a responding tribunal to modify a spousal support
order of another state.
(Contingent effective date - See note) (206) Continuing jurisdiction to enforce child
support order.
1. A tribunal of this state 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
enforce:
a. The order if the order is the controlling order and has not been modified by a
tribunal of another state that assumed jurisdiction pursuant to the Uniform
Interstate Family Support Act; or
b. A money judgment for arrears of support and interest on the order accrued before
a determination that an order of a tribunal of another state is the controlling order.
2. A tribunal of this state having continuing jurisdiction over a support order may act as a
responding tribunal to enforce the order.
14-12.2-10. (Contingent expiration date - See note) (207) Recognition of controlling
child support order.
1. If a proceeding is brought under this chapter and only one tribunal has issued a child
support order, the order of that tribunal controls and must be so recognized.
2. If a proceeding is brought under this chapter, and two or more child support orders
have been issued by tribunals of this state or another state with regard to the same
obligor and child, a tribunal of this state shall apply the following rules in determining
which order to recognize for purposes of continuing, exclusive jurisdiction:
a. If only one of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the order of that tribunal controls and must be so recognized.
b. If more than one of the tribunals would have continuing, exclusive jurisdiction
under this chapter, an order issued by a tribunal in the current home state of the
child controls and must be so recognized, but if an order has not been issued in
the current home state of the child, the order most recently issued controls and
must be so recognized.
c. If none of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the tribunal of this state having jurisdiction over the parties shall issue a
child support order, which controls and must be so recognized.
3. If two or more child support orders have been issued for the same obligor and child
and if the obligor or the individual obligee resides in this state, a party may request a
tribunal of this state to determine which order controls and must be so recognized
under subsection 2. The request must be accompanied by a certified copy of every
support order in effect. The requesting party shall give notice of the request to each
party whose rights may be affected by the determination.
4. The tribunal that issued the controlling order under subsection 1, 2, or 3 is the tribunal
that has continuing, exclusive jurisdiction under section 14-12.2-08.
5. A tribunal of this state which determines by order the identity of the controlling order
under subdivision a or b of subsection 2 or which issues a new controlling order under
subdivision c of subsection 2 shall state in that order the basis upon which the tribunal
made its determination.
6. Within thirty days after issuance of an order determining the identity of the controlling
order, the party obtaining the order shall file a certified copy of it with each tribunal that
had issued or registered an earlier order of child support. A party who obtains the order
and fails to file a certified copy is subject to appropriate sanctions by a tribunal in
which the issue of failure to file arises. The failure to file does not affect the validity or
enforceability of the controlling order.
(Contingent effective date - See note) (207) Determination of controlling child support
order.
1. If a proceeding is brought under this chapter and only one tribunal has issued a child
support order, the order of that tribunal controls and must be so recognized.
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8.
If a proceeding is brought under this chapter, and two or more child support orders
have been issued by tribunals of this state or another state or foreign country with
regard to the same obligor and same child, a tribunal of this state having personal
jurisdiction over both the obligor and individual obligee shall apply the following rules
and by order shall determine which order controls:
a. If only one of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the order of that tribunal controls and must be so recognized.
b. If more than one of the tribunals would have continuing, exclusive jurisdiction
under this chapter:
(1) An order issued by a tribunal in the current home state of the child controls;
or
(2) If an order has not been issued in the current home state of the child, the
order most recently issued controls.
c. If none of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the tribunal of this state shall issue a child support order, which controls.
If two or more child support orders have been issued for the same obligor and same
child, upon request of a party who is an individual or a support enforcement agency, a
tribunal of this state having personal jurisdiction over both the obligor and obligee who
is an individual shall determine which order controls under subsection 2. The request
may be filed with a registration for enforcement or registration for modification
pursuant to sections 14-12.2-35 through 14-12.2-46.4, or may be filed as a separate
proceeding.
A request to determine which is the controlling order must be accompanied by a copy
of every child support order in effect and the applicable record of payments. The
requesting party shall give notice of the request to each party whose rights may be
affected by the determination.
The tribunal that issued the controlling order under subsection 1, 2, or 3 has continuing
jurisdiction to the extent provided in section 14-12.2-08 or 14-12.2-09.
A tribunal of this state that determines by order which is the controlling order under
subdivision a or b of subsection 2 or subsection 3 that issues a new controlling order
under subdivision c of subsection 2 shall state in that order:
a. The basis upon which the tribunal made its determination;
b. The amount of prospective support, if any; and
c. The total amount of consolidated arrears and accrued interest, if any, under all of
the orders after all payments made are credited as provided in by section
14-12.2-12.
Within thirty days after issuance of an order determining which is the controlling order,
the party obtaining the order shall file a certified copy of it in each tribunal that had
issued or registered an earlier order of child support. A party or support enforcement
agency obtaining the order that fails to file a certified copy is subject to appropriate
sanctions by a tribunal in which the issue of failure to file arises. The failure to file does
not affect the validity or enforceability of the controlling order.
An order that has been determined to be the controlling order, or a judgment for
consolidated arrears of support and interest, if any, made pursuant to this section must
be recognized in proceedings under this chapter.
14-12.2-11. (Contingent expiration date - See note) (208) Multiple child support orders
for two or more obligees.
In responding to multiple 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 a tribunal of another state, a tribunal of this state
shall enforce those orders in the same manner as if the multiple orders had been issued by a
tribunal of this state.
(Contingent effective date - See note) (208) 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
Page No. 9
obligees, at least one of which was issued by a tribunal of another state or foreign country, a
tribunal of this state shall enforce those orders in the same manner as if the orders had been
issued by a tribunal of this state.
14-12.2-12. (Contingent expiration date - See note) (209) Credit for payments.
Amounts collected and credited for a particular period pursuant to a support order issued by
a tribunal of another state must be credited against the amounts accruing or accrued for the
same period under a support order issued by the tribunal of this state.
(Contingent effective date - See note) (209) 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 support of the
same child issued by a tribunal of this or another state or foreign country.
14-12.2-12.1. (Contingent effective date - See note) (210) Application of chapter to
nonresident subject to personal jurisdiction.
A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding
under this chapter, under other law of this state relating to a support order, or recognizing a
foreign support order may receive evidence from outside this state pursuant to section
14-12.2-28, communicate with a tribunal outside this state pursuant to section 14-12.2-29, and
obtain discovery through a tribunal outside this state pursuant to section 14-12.2-30. In all other
respects, sections 14-12.2-13 through 14-12.2-47.13 do not apply and the tribunal shall apply
the procedural and substantive law of this state.
14-12.2-12.2. (Contingent effective date - See note) (211) Continuing, exclusive
jurisdiction to modify spousal support order.
1. 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 support obligation.
2. A tribunal of this state may not modify a spousal support order issued by a tribunal of
another state or foreign country having continuing, exclusive jurisdiction over that
order under the law of that state or foreign country.
3. A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support
order may serve as:
a. An initiating tribunal to request a tribunal of another state to enforce the spousal
support order issued in this state; or
b. A responding tribunal to enforce or modify its own spousal support order.
14-12.2-13. (Contingent expiration date - See note) (301) Proceedings under this
chapter.
1. Except as otherwise provided in this chapter, sections 14-12.2-13 through 14-12.2-31
apply to all proceedings under this chapter.
2. This chapter provides for the following proceedings:
a. Establishment of an order for spousal support or child support under section
14-12.2-32;
b. Enforcement of a support order and income-withholding order of another state
without registration under sections 14-12.2-33 and 14-12.2-34;
c. Registration of an order for spousal support or child support of another state for
enforcement under sections 14-12.2-35 through 14-12.2-46;
d. Modification of an order for child support or spousal support issued by a tribunal
of this state under sections 14-12.2-06 through 14-12.2-09;
e. Registration of an order for child support of another state for modification under
sections 14-12.2-35 through 14-12.2-46;
f. Determination of parentage under section 14-12.2-47; and
g. Assertion of jurisdiction over nonresidents under sections 14-12.2-04 and
14-12.2-05.
Page No. 10
3.
An individual petitioner or a support enforcement agency may commence a
proceeding authorized under this chapter by filing a petition in an initiating tribunal for
forwarding to a responding tribunal or by filing a petition or a comparable pleading
directly in a tribunal of another state which has or can obtain personal jurisdiction over
the respondent.
(Contingent effective date - See note) (301) Proceedings under this chapter.
1. Except as otherwise provided in this chapter, sections 14-12.2-13 through 14-12.2-31
apply to all proceedings under this chapter.
2. An individual petitioner or a support enforcement agency may initiate a proceeding
authorized under this chapter by filing a petition in an initiating tribunal for forwarding
to a responding tribunal or by filing a petition or a comparable pleading directly in a
tribunal of another state or foreign country which has or can obtain personal
jurisdiction over the respondent.
14-12.2-14. (Contingent expiration date - See note) (302) Action by 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.
(Contingent effective date - See note) (302) Proceeding by 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.
14-12.2-15. (Contingent expiration date - See note) (303) Application of law of this
state.
Except as otherwise provided by this chapter, a responding tribunal of this state:
1. Shall apply the procedural and substantive law, including the rules on choice of law,
generally applicable to similar proceedings originating in this state and may exercise
all powers and provide all remedies available in those proceedings; and
2. Shall determine the duty of support and the amount payable in accordance with the
law and support guidelines of this state.
(Contingent effective date - See note) (303) Application of law of this state. Except as
otherwise provided by this chapter, 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 all remedies available
in those proceedings; and
2. Determine the duty of support and the amount payable in accordance with the law and
support guidelines of this state.
14-12.2-16. (Contingent expiration date - See note) (304) Duties of initiating tribunal.
1. Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state
shall forward three copies of 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 the responding tribunal is unknown, to the state information
agency of the responding state with a request that they be forwarded to the
appropriate tribunal and that receipt be acknowledged.
2. If a responding state has not enacted the Uniform Interstate Family Support Act or a
law or procedure substantially similar to this chapter, a tribunal of this state may issue
a certificate or other document and make findings required by the law of the
responding state. If the responding state is a foreign jurisdiction, the tribunal may
specify the amount of support sought and provide other documents necessary to
satisfy the requirements of the responding state.
(Contingent effective date - See note) (304) Duties of initiating tribunal.
1. Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state
shall forward the petition and its accompanying documents:
Page No. 11
a.
2.
To the responding tribunal or appropriate support enforcement agency in the
responding state; or
b. If the identity of the responding tribunal is unknown, to the state information
agency of the responding state with a request that they be forwarded to the
appropriate tribunal and that receipt be acknowledged.
If requested by the responding tribunal, a tribunal of this state shall issue a certificate
or other document and make findings required by the law of the responding state. If
the responding tribunal is in a foreign country, upon request the tribunal of this state
shall specify the amount of support sought, convert that amount into the equivalent
amount in the foreign currency under applicable official or market exchange rate as
publicly reported, and provide any other documents necessary to satisfy the
requirements of the responding foreign tribunal.
14-12.2-17. (Contingent expiration date - See note) (305) Duties and powers of
responding tribunal.
1. When a responding tribunal of this state receives a petition or comparable pleading
from an initiating tribunal or directly under subsection 3 of section 14-12.2-13, it shall
cause the petition or pleading to be filed and notify the petitioner where and when it
was filed.
2. A responding tribunal of this state, to the extent otherwise authorized by law, may do
one or more of the following:
a. Issue or enforce a support order, modify a child support order, or render a
judgment to determine parentage;
b. Order an obligor to comply with a support order, specifying the amount and the
manner of compliance;
c. Order income withholding;
d. Determine the amount of any arrearages, and specify a method of payment;
e. Enforce orders by civil or criminal contempt, or both;
f. Set aside property for satisfaction of the support order;
g. Place liens and order execution on the obligor's property;
h. Order an obligor to keep the tribunal informed of the obligor's current residential
address, telephone number, employer, address of employment, and telephone
number at the place of employment;
i. Issue a bench warrant for an obligor who has failed after proper notice to appear
at a hearing ordered by the tribunal and enter the bench warrant in any local and
state computer systems for criminal warrants;
j. Order the obligor to seek appropriate employment by specified methods;
k. Award reasonable attorney's fees and other fees and costs; and
l. Grant any other available remedy.
3. A responding tribunal of this state shall include in a support order issued under this
chapter, or in the documents accompanying the order, the calculations on which the
support order is based.
4. A responding tribunal of this state may not condition the payment of a support order
issued under this chapter upon compliance by a party with provisions for visitation.
5. If a responding tribunal of this state issues an order under this chapter, the tribunal
shall send a copy of the order to the petitioner and the respondent and to the initiating
tribunal, if any.
(Contingent effective date - See note) (305) Duties and powers of responding tribunal.
1. When a responding tribunal of this state receives a petition or comparable pleading
from an initiating tribunal or directly under subsection 2 of section 14-12.2-13, it shall
cause the petition or pleading to be filed and notify the petitioner where and when it
was filed.
2. A responding tribunal of this state, to the extent not prohibited by other law, may do
one or more of the following:
a. Establish or enforce a support order, modify a child support order, determine the
controlling child support order, or determine parentage of a child;
Page No. 12
b.
3.
4.
5.
6.
Order an obligor to comply with a support order, specifying the amount and the
manner of compliance;
c. Order income withholding;
d. Determine the amount of any arrearages, and specify a method of payment;
e. Enforce orders by civil or criminal contempt, or both;
f. Set aside property for satisfaction of the support order;
g. Place liens and order execution on the obligor's property;
h. Order an obligor to keep the tribunal informed of the obligor's current residential
address, electronic mail address, telephone number, employer, address of
employment, and telephone number at the place of employment;
i. Issue a bench warrant for an obligor who has failed after proper notice to appear
at a hearing ordered by the tribunal and enter the bench warrant in any local and
state computer systems for criminal warrants;
j. Order the obligor to seek appropriate employment by specified methods;
k. Award reasonable attorney's fees and other fees and costs; and
l. Grant any other available remedy.
A responding tribunal of this state shall include in a support order issued under this
chapter, or in the documents accompanying the order, the calculations on which the
support order is based.
A responding tribunal of this state may not condition the payment of a support order
issued under this chapter upon compliance by a party with provisions for visitation.
If a responding tribunal of this state issues an order under this chapter, the tribunal
shall send a copy of the order to the petitioner and the respondent and to the initiating
tribunal, if any.
If requested to enforce a support order, arrears, or judgment or modify a support order
stated in a foreign currency, a responding tribunal of this state shall convert the
amount stated in the foreign currency to the equivalent amount in dollars under the
applicable official or market exchange rate as publicly reported.
14-12.2-18. (Contingent expiration date - See note) (306) Inappropriate tribunal.
If a petition or comparable pleading is received by an inappropriate tribunal of this state, it
shall forward the pleading and accompanying documents to an appropriate tribunal in this state
or another state and notify the petitioner where and when the pleading was sent.
(Contingent effective date - See note) (306) Inappropriate tribunal. 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.
14-12.2-19. (Contingent expiration date - See note) (307) Duties of support
enforcement agency.
1. A support enforcement agency of this state, upon request, shall provide services to a
petitioner in a proceeding under this chapter.
2. A support enforcement agency that is providing services to the petitioner as
appropriate shall:
a. Take all steps necessary to enable an appropriate tribunal in this state or another
state to obtain jurisdiction over the respondent;
b. Request an appropriate tribunal to set a date, time, and place for a hearing;
c. Make a reasonable effort to obtain all relevant information, including information
as to income and property of the parties;
d. Within two days, exclusive of Saturdays, Sundays, and legal holidays, after
receipt of a written notice from an initiating, responding, or registering tribunal,
send a copy of the notice to the petitioner;
e. Within two days, exclusive of Saturdays, Sundays, and legal holidays, after
receipt of a written communication from the respondent or the respondent's
attorney, send a copy of the communication to the petitioner; and
f. Notify the petitioner if jurisdiction over the respondent cannot be obtained.
Page No. 13
3.
This chapter does not create or negate a relationship of attorney and client or other
fiduciary relationship between a support enforcement agency or the attorney for the
agency and the individual being assisted by the agency.
(Contingent effective date - See note) (307) Duties of support enforcement agency.
1. A support enforcement agency of this state, upon request, shall provide services to a
petitioner in a proceeding under this chapter.
2. A support enforcement agency of this state that is providing services to the petitioner
shall:
a. Take all steps necessary to enable an appropriate tribunal of this state or another
state or foreign country to obtain jurisdiction over the respondent;
b. Request an appropriate tribunal to set a date, time, and place for a hearing;
c. Make a reasonable effort to obtain all relevant information, including information
as to income and property of the parties;
d. Within two days, exclusive of Saturdays, Sundays, and legal holidays, after
receipt of notice in a record from an initiating, responding, or registering tribunal,
send a copy of the notice to the petitioner;
e. Within two days, exclusive of Saturdays, Sundays, and legal holidays, after
receipt of communication in a record from the respondent or the respondent's
attorney, send a copy of the communication to the petitioner; and
f. Notify the petitioner if jurisdiction over the respondent cannot be obtained.
3. A support enforcement agency of this state which requests registration of a child
support order in this state for enforcement or for modification shall make reasonable
efforts:
a. To ensure that the order to be registered is the controlling order; or
b. If two or more child support orders exist and the identity of the controlling order
has not been determined, to ensure that a request for such a determination is
made in a tribunal having jurisdiction to do so.
4. A support enforcement agency of this state which requests registration and
enforcement of a support order, arrears, or judgment stated in a foreign currency shall
convert the amounts stated in the foreign currency into the equivalent amounts in
dollars under the applicable official or market exchange rate as publicly reported.
5. A support enforcement agency of this state shall request a tribunal of this state to
issue a child support order and an income withholding order that redirect payment of
current support, arrears, and interest if requested to do so by a support enforcement
agency of another state pursuant to section 14-12.2-31.
6. This chapter does not create or negate a relationship of attorney and client or other
fiduciary relationship between a support enforcement agency or the attorney for the
agency and the individual being assisted by the agency.
14-12.2-20. (Contingent expiration date - See note) (308) Duty of attorney general.
If the attorney general determines that the 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 chapter or may provide those services directly to the individual.
(Contingent effective date - See note) (308) Duty of attorney general.
1. If the attorney general determines that the 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 chapter or may provide those services directly
to the individual.
2. The attorney general may determine that a foreign country has established a
reciprocal arrangement for child support with this state and take appropriate action for
notification of the determination.
14-12.2-21. (309) Private counsel.
An individual may employ private counsel to represent the individual in proceedings
authorized by this chapter.
Page No. 14
14-12.2-22. (Contingent expiration date - See note) (310) Duties of state information
agency.
1. The department of human services is the state information agency under this chapter.
2. The state information agency shall:
a. Compile and maintain a current list, including addresses, of the tribunals in this
state which have jurisdiction under this chapter and any support enforcement
agencies in this state and transmit a copy to the state information agency of every
other state.
b. Maintain a register of tribunals and support enforcement agencies received from
other states.
c. Forward to the appropriate tribunal in the place in this state in which the individual
obligee or the obligor resides, or in which the obligor's property is believed to be
located, all documents concerning a proceeding under this chapter received from
an initiating tribunal or the state information agency of the initiating state.
d. Obtain information concerning the location of the obligor and the obligor's
property within this state not exempt from execution, by such means as postal
verification and federal or state locator services, examination of telephone
directories, requests for the obligor's address from employers, and examination of
governmental records, including, to the extent not prohibited by other law, those
relating to real property, vital statistics, law enforcement, taxation, motor vehicles,
driver's licenses, and social security.
(Contingent effective date - See note) (310) Duties of state information agency.
1. The department of human services is the state information agency under this chapter.
2. The state information agency shall:
a. Compile and maintain a current list, including addresses, of the tribunals in this
state which have jurisdiction under this chapter and any support enforcement
agencies in this state and transmit a copy to the state information agency of every
other state.
b. Maintain a register of names and addresses of tribunals and support enforcement
agencies received from other states.
c. Forward to the appropriate tribunal in the county in this state in which the obligee
who is an individual or the obligor resides, or in which the obligor's property is
believed to be located, all documents concerning a proceeding under this chapter
received from another state or foreign country.
d. Obtain information concerning the location of the obligor and the obligor's
property within this state not exempt from execution, by such means as postal
verification and federal or state locator services, examination of telephone
directories, requests for the obligor's address from employers, and examination of
governmental records, including, to the extent not prohibited by other law, those
relating to real property, vital statistics, law enforcement, taxation, motor vehicles,
driver's licenses, and social security.
14-12.2-23. (Contingent expiration date - See note) (311) Pleadings and accompanying
documents.
1. A petitioner seeking to establish or modify a support order or to determine parentage in
a proceeding under this chapter must verify the petition. Unless otherwise ordered
under section 14-12.2-24, the petition or accompanying documents must provide, so
far as known, the name, residential address, and social security numbers of the obligor
and the obligee, and the name, sex, residential address, social security number, and
date of birth of each child for whom support is sought. The petition must be
accompanied by a certified copy of any support order in effect. The petition may
include any other information that may assist in locating or identifying the respondent.
2. The petition must specify the relief sought. The petition and accompanying documents
must conform substantially with the requirements imposed by the forms mandated by
federal law for use in cases filed by a support enforcement agency.
(Contingent effective date - See note) (311) Pleadings and accompanying documents.
Page No. 15
1.
2.
In a proceeding under this chapter, a petitioner seeking to establish a support order, to
determine parentage, or to register and modify a support order of a tribunal of another
state or foreign country must file a petition. Unless otherwise ordered under section
14-12.2-24, the petition or accompanying documents must provide, so far as known,
the name, residential address, and social security numbers of the obligor and the
obligee or the parent and alleged parent, and the name, sex, residential address,
social security number, and date of birth of each child for whose benefit support is
sought or whose parentage is to be determined. Unless filed at the time of registration,
the petition must be accompanied by a copy of any support order known to have been
issued by another tribunal. The petition may include any other information that may
assist in locating or identifying the respondent.
The petition must specify the relief sought. The petition and accompanying documents
must conform substantially with the requirements imposed by the forms mandated by
federal law for use in cases filed by a support enforcement agency.
14-12.2-24. (Contingent expiration date - See note) (312) Nondisclosure of information
in exceptional circumstances.
Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or
child would be unreasonably put at risk by the disclosure of identifying information, or if an
existing order so provides, a tribunal shall order that the address of the child or party or other
identifying information not be disclosed in a pleading or other document filed in a proceeding
under this chapter.
(Contingent effective date - See note) (312) Nondisclosure of information. 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 sealed and may not be disclosed to the other party or the public. After a hearing in which a
tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal
may order disclosure of information that the tribunal determines to be in the interest of justice.
14-12.2-25. (Contingent expiration date - See note) (313) Costs and fees.
1. The petitioner may not be required to pay a filing fee or other costs.
2. If an obligee prevails, a responding tribunal may assess against an obligor filing fees,
reasonable attorney's fees, other costs, and necessary travel and other reasonable
expenses incurred by the obligee and the obligee's witnesses. The tribunal may not
assess fees, costs, or expenses against the obligee or the support enforcement
agency of either the initiating or the responding state, except as provided by other law.
Attorney's fees may be taxed as costs, and may be ordered paid directly to the
attorney, who may enforce the order in the attorney's own name. Payment of support
owed to the obligee has priority over fees, costs, and expenses.
3. The tribunal shall order the payment of costs and reasonable attorney's fees if it
determines that a hearing was requested primarily for delay. In a proceeding under
sections 14-12.2-35 through 14-12.2-46, a hearing is presumed to have been
requested primarily for delay if a registered support order is confirmed or enforced
without change.
(Contingent effective date - See note) (313) Costs and fees.
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's fees, other costs, and necessary travel and other
reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal
may not assess fees, costs, or expenses against the obligee or the support
enforcement agency of either the initiating or the responding state or foreign country,
except as provided by other law. Attorney's fees may be taxed as costs, and may be
ordered paid directly to the attorney, who may enforce the order in the attorney's own
name. Payment of support owed to the obligee has priority over fees, costs, and
expenses.
Page No. 16
3.
The tribunal shall order the payment of costs and reasonable attorney's fees if it
determines that a hearing was requested primarily for delay. In a proceeding under
sections 14-12.2-35 through 14-12.2-46, a hearing is presumed to have been
requested primarily for delay if a registered support order is confirmed or enforced
without change.
14-12.2-26. (Contingent expiration date - See note) (314) Limited immunity of
petitioner.
1. Participation by a petitioner in a proceeding 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.
2. A petitioner is not amenable to service of civil process while physically present in this
state to participate in a proceeding under this chapter.
3. The immunity granted by this section does not extend to civil litigation based on acts
unrelated to a proceeding under this chapter committed by a party while present in this
state to participate in the proceeding.
(Contingent effective date - See note) (314) Limited immunity of petitioner.
1. Participation by a petitioner in a proceeding under this chapter 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.
2. A petitioner is not amenable to service of civil process while physically present in this
state to participate in a proceeding under this chapter.
3. The immunity granted by this section does not extend to civil litigation based on acts
unrelated to a proceeding under this chapter committed by a party while physically
present in this state to participate in the proceeding.
14-12.2-27. (315) 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 chapter.
14-12.2-28. (Contingent expiration date - See note) (316) Special rules of evidence and
procedure.
1. The physical presence of the petitioner in a responding 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.
2. A verified petition, affidavit, document substantially complying with federally mandated
forms, and a document incorporated by reference in any of them, not excluded under
the hearsay rule if given in person, is admissible in evidence if given under oath by a
party or witness residing in another state.
3. A copy of the record of child support payments certified as a true copy of the original
by the custodian of the record may be forwarded to a responding tribunal. The copy is
evidence of facts asserted in it and is admissible to show whether payments were
made.
4. Copies of bills for testing for parentage, and for prenatal and postnatal health care of
the mother and child, furnished to the adverse party at least ten days before trial, are
admissible in evidence to prove the amount of the charges billed and that the charges
were reasonable, necessary, and customary.
5. Documentary evidence transmitted from another state to a tribunal of this state by
telephone, telecopier, or other means that do not provide an original writing may not be
excluded from evidence on an objection based on the means of transmission.
6. In a proceeding under this chapter, a tribunal of this state may permit a party or
witness residing in another state to be deposed or to testify by telephone, audiovisual
means, or other electronic means at a designated tribunal or other location in that
Page No. 17
state. A tribunal of this state shall cooperate with tribunals of other states in
designating an appropriate location for the deposition or testimony.
7. If a party called to testify at a civil hearing refuses to answer on the ground that the
testimony may be self-incriminating, the trier of fact may draw an adverse inference
from the refusal.
8. A privilege against disclosure of communications between spouses does not apply in a
proceeding under this chapter.
9. The defense of immunity based on the relationship of husband and wife or parent and
child does not apply in a proceeding under this chapter.
(Contingent effective date - See note) (316) Special rules of evidence and procedure.
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.
2. An affidavit, a document substantially complying with federally mandated forms, or a
document incorporated by reference in any of them, which would not be excluded
under the hearsay rule if given in person, is admissible in evidence if given under
penalty of perjury by a party or witness residing outside this state.
3. A copy of the record of child support payments certified as a true copy of the original
by the custodian of the record may be forwarded to a responding tribunal. The copy is
evidence of facts asserted in it and is admissible to show whether payments were
made.
4. Copies of bills for testing for parentage, and for prenatal and postnatal health care of
the mother and child, furnished to the adverse party at least ten days before trial, are
admissible in evidence to prove the amount of the charges billed and that the charges
were reasonable, necessary, and customary.
5. Documentary evidence transmitted from outside this state to a tribunal of this state by
telephone, telecopier, or other means that do not provide an original record may not be
excluded from evidence on an objection based on the means of transmission.
6. In a proceeding under this chapter, a tribunal of this state shall permit a party or
witness residing outside this state to be deposed or to testify by telephone, audiovisual
means, or other electronic means at a designated tribunal or other location in that
state. A tribunal of this state shall cooperate with other tribunals in designating an
appropriate location for the deposition or testimony.
7. If a party called to testify at a civil hearing refuses to answer on the ground that the
testimony may be self-incriminating, the trier of fact may draw an adverse inference
from the refusal.
8. A privilege against disclosure of communications between spouses does not apply in a
proceeding under this chapter.
9. The defense of immunity based on the relationship of husband and wife or parent and
child does not apply in a proceeding under this chapter.
10. A voluntary acknowledgment of paternity, certified as a true copy, is admissible to
establish parentage of the child.
14-12.2-29. (Contingent expiration date - See note) (317) Communications between
tribunals.
A tribunal of this state may communicate with a tribunal of another state in writing, or by
telephone or other means, to obtain information concerning the laws of that state, the legal
effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other
state. A tribunal of this state may furnish similar information by similar means to a tribunal of
another state.
(Contingent effective date - See note) (317) Communications between tribunals. A
tribunal of this state may communicate with a tribunal outside this state in a record, or by
telephone 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 tribunal of this state
may furnish similar information by similar means to a tribunal outside this state.
Page No. 18
14-12.2-30. (Contingent expiration date - See note) (318) Assistance with discovery.
A tribunal of this state may:
1. Request a tribunal of another state to assist in obtaining discovery; and
2. Upon request, compel a person over whom it has jurisdiction to respond to a discovery
order issued by a tribunal of another state.
(Contingent effective date - See note) (318) Assistance with discovery. 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 whom it has jurisdiction to respond to a discovery
order issued by a tribunal outside this state.
14-12.2-31. (Contingent expiration date - See note) (319) Receipt and disbursement of
payments.
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 a certified statement by the custodian of
the record of the amounts and dates of all payments received.
(Contingent effective date - See note) (319) Receipt and disbursement of payments.
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 foreign country
a certified statement by the custodian of the record of the amounts and dates of all
payments received.
2. If neither the obligor, nor the obligee who is an individual, nor the child resides in this
state, upon request from the support enforcement agency of this state or another
state, the support enforcement agency of this state or a tribunal of this state shall:
a. Direct that the support payment be made to the support enforcement agency in
the state in which the obligee is receiving services; and
b. Issue and send to the obligor's employer a conforming income-withholding order
or an administrative notice of change of payee, reflecting the redirected
payments.
3. The support enforcement agency of this state receiving redirected payments from
another state pursuant to a law similar to subsection 2 shall furnish to a requesting
party or tribunal of the other state a certified statement by the custodian of the record
of the amount and dates of all payments received.
14-12.2-32. (Contingent expiration date - See note) (401) Petition to establish support
order.
1. If a support order entitled to recognition under this chapter has not been issued, a
responding tribunal of this state may issue a support order if:
a. The individual seeking the order resides in another state; or
b. The support enforcement agency seeking the order is located in another state.
2. The tribunal may issue a temporary child support order if:
a. The respondent has signed a verified statement acknowledging parentage;
b. The respondent has been determined by or pursuant to law to be the parent; or
c. There is other clear and convincing evidence that the respondent is the child's
parent.
3. Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of
support, the tribunal shall issue a support order directed to the obligor and may issue
other orders under section 14-12.2-17.
(Contingent effective date - See note) (401) Petition to establish support order.
1. If a support order entitled to recognition under this chapter 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 enforcement agency seeking the order is located outside this state.
Page No. 19
2.
3.
The tribunal may issue a temporary child support order if the tribunal determines that
such an order is appropriate and the individual ordered to pay is:
a. A presumed father of the child;
b. Petitioning to have his paternity adjudicated;
c. Identified as the father of the child through genetic testing;
d. An alleged father who has declined to submit to genetic testing;
e. Shown by clear and convincing evidence to be the father of the child;
f. An acknowledged father as provided by chapter 14-20;
g. The mother of the child; or
h. An individual who has been ordered to pay child support in a previous proceeding
and the order has not been reversed or vacated.
Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of
support, the tribunal shall issue a support order directed to the obligor and may issue
other orders under section 14-12.2-17.
14-12.2-32.1. (Contingent effective date - See note) (402) 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 brought under this chapter or a law
or procedure substantially similar to this chapter.
14-12.2-33. (Contingent expiration date - See note) (501) Employer's receipt of
income-withholding order of another state.
An income-withholding order issued in another state may be sent to the person or entity
defined as the obligor's employer under section 14-09-09.10 without first filing a petition or
comparable pleading or registering the order with a tribunal of this state.
(Contingent effective date - See note) (501) Employer's receipt of income-withholding
order of 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 section 14-09-09.10 without first filing a petition or comparable
pleading or registering the order with a tribunal of this state.
14-12.2-33.1. (Contingent expiration date - See note) (502) Employer's compliance
with income-withholding order of another state.
1. Upon receipt of an income-withholding order, the obligor's employer shall immediately
provide a copy of the order to the obligor.
2. The employer shall treat an income-withholding order issued in another state which
appears regular on its face as if it had been issued by a tribunal of this state.
3. Except as otherwise provided by subsection 4 and section 14-12.2-33.2, the employer
shall withhold and distribute the funds as directed in the withholding order by
complying with the terms of the order which specify:
a. The duration and amount of periodic payments of current child support, stated as
a sum certain;
b. The person or agency designated to receive payments and the address to which
the payments are to be forwarded;
c. Medical support, whether in the form of periodic cash payment, stated as a sum
certain, or ordering the obligor to provide health insurance coverage for the child
under a policy available through the obligor's employment;
d. The amount of periodic payments of fees and costs for a support enforcement
agency, the issuing tribunal, and the obligee's attorney, stated as sums certain;
and
e. The amount of periodic payments of arrearages and interest on arrearages,
stated as sums certain.
4. An employer shall comply with the law of the state of the obligor's principal place of
employment for withholding from income with respect to:
Page No. 20
a.
b.
c.
The employer's fee for processing an income-withholding order;
The maximum amount permitted to be withheld from the obligor's income; and
The times within which the employer must implement the withholding order and
forward the child support payment.
(Contingent effective date - See note) (502) Employer's compliance with
income-withholding order of another state.
1. Upon receipt of an income-withholding order, the obligor's employer shall immediately
provide a copy of the order to the obligor.
2. The employer shall treat an income-withholding order issued in another state which
appears regular on its face as if it had been issued by a tribunal of this state.
3. Except as otherwise provided by subsection 4 and section 14-12.2-33.2, the employer
shall withhold and distribute the funds as directed in the withholding order by
complying with the terms of the order which specify:
a. The duration and amount of periodic payments of current child support, stated as
a sum certain;
b. The person designated to receive payments and the address to which the
payments are to be forwarded;
c. Medical support, whether in the form of periodic cash payment, stated as a sum
certain, or ordering the obligor to provide health insurance coverage for the child
under a policy available through the obligor's employment;
d. The amount of periodic payments of fees and costs for a support enforcement
agency, the issuing tribunal, and the obligee's attorney, stated as sums certain;
and
e. The amount of periodic payments of arrearages and interest on arrearages,
stated as sums certain.
4. An employer shall comply with the law of the state of the obligor's principal place of
employment for withholding from income with respect to:
a. The employer's fee for processing an income-withholding order;
b. The maximum amount permitted to be withheld from the obligor's income; and
c. The times within which the employer must implement the withholding order and
forward the child support payment.
14-12.2-33.2. (Contingent expiration date - See note) (503) Compliance with multiple
income-withholding orders.
If an obligor's employer receives multiple income-withholding orders with respect to the
earnings of the same obligor, the employer satisfies the terms of the multiple orders if the
employer complies with the law of the state of the obligor's principal place of employment to
establish the priorities for withholding and allocating income withheld for multiple child support
obligees.
(Contingent effective date - See note) (503) Employer's compliance with two or more
income-withholding orders. 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 the priorities for withholding and allocating income withheld for two or
more child support obligees.
14-12.2-33.3. (Contingent expiration date - See note) (504) 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 obligor's income.
(Contingent effective date - See note) (504) Immunity from civil liability. An employer
that 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 obligor's income.
Page No. 21
14-12.2-33.4. (Contingent expiration date - See note) (505) 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 state.
(Contingent effective date - See note) (505) Penalties for noncompliance. An employer
that 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 state.
14-12.2-33.5. (Contingent expiration date - See note) (506) Contest by obligor.
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 in the same
manner as if the order had been issued by a tribunal of this state. Section 14-12.2-38
applies to the contest.
2. The obligor shall give notice of the contest to:
a. A support enforcement agency providing services to the obligee;
b. Each employer that has directly received an income-withholding order; and
c. The person or agency designated to receive payments in the income-withholding
order or if no person or agency is designated, to the obligee.
(Contingent effective date - See note) (506) Contest by obligor.
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
sections 14-12.2-35 through 14-12.2-46.4, or otherwise contesting the order in the
same manner as if the order had been issued by a tribunal of this state.
2. The obligor shall give notice of the contest to:
a. A support enforcement agency providing services to the obligee;
b. Each employer that has directly received an income-withholding order relating to
the obligor; and
c. The person designated to receive payments in the income-withholding order or if
no person is designated, to the obligee.
14-12.2-34. (Contingent expiration date - See note) (507) Administrative enforcement
of orders.
1. A party seeking to enforce a support order or an income-withholding order, or both,
issued by a tribunal of another state may send the documents required for registering
the order to a support enforcement agency of this state.
2. Upon receipt of the documents, the support enforcement agency, without initially
seeking to register the order, shall consider and, if appropriate, use any administrative
procedure authorized by the law of this state to enforce a support order or an
income-withholding order, or both. If the obligor does not contest administrative
enforcement, the order need not be registered. If the obligor contests the validity or
administrative enforcement of the order, the support enforcement agency shall register
the order pursuant to this chapter.
(Contingent effective date - See note) (507) Administrative enforcement of orders.
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. Upon receipt of the documents, the support enforcement agency, without initially
seeking to register the order, shall consider and, if appropriate, use any administrative
procedure authorized by the law of this state to enforce a support order or an
income-withholding order, or both. If the obligor does not contest administrative
enforcement, the order need not be registered. If the obligor contests the validity or
Page No. 22
administrative enforcement of the order, the support enforcement agency shall register
the order pursuant to this chapter.
14-12.2-35. (Contingent expiration date - See note) (601) Registration of order for
enforcement.
A support order or an income-withholding order issued by a tribunal of another state may be
registered in this state for enforcement.
(Contingent effective date - See note) (601) Registration of order for enforcement. A
support order or an income-withholding order issued in another state or a foreign support order
may be registered in this state for enforcement.
14-12.2-36. (Contingent expiration date - See note) (602) Procedure to register order
for enforcement.
1. A support order or income-withholding order of another state may be registered in this
state by sending the following documents and information to the appropriate tribunal in
this state:
a. A letter of transmittal to the tribunal requesting registration and enforcement;
b. Two copies, including one certified copy, of all orders to be registered, including
any modification of an order;
c. A sworn statement by the party seeking registration or a certified statement by the
custodian of the records showing the amount of any arrearage;
d. The name of the obligor and, if known:
(1) The obligor's address and social security number;
(2) The name and address of the obligor's employer and any other source of
income of the obligor; and
(3) A description and the location of property of the obligor in this state not
exempt from execution; and
e. The name and address of the obligee and, if applicable, the agency or person to
whom support payments are to be remitted.
2. On receipt of a request for registration, the registering tribunal shall cause the order to
be filed as a foreign judgment, together with one copy of the documents and
information, regardless of their form.
3. A petition or comparable pleading seeking a remedy that must be affirmatively sought
under other law of this state may be filed at the same time as the request for
registration or later. The pleading must specify the grounds for the remedy sought.
(Contingent effective date - See note) (602) Procedure to register order for
enforcement.
1. Subject to section 14-12.2-47.6, 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 appropriate tribunal in this state:
a. A letter of transmittal to the tribunal requesting registration and enforcement;
b. Two copies, including one certified copy, of the order to be registered, including
any modification of the order;
c. A sworn statement by the person requesting registration or a certified statement
by the custodian of the records showing the amount of any arrearage;
d. The name of the obligor and, if known:
(1) The obligor's address and social security number;
(2) The name and address of the obligor's employer and any other source of
income of the obligor; and
(3) A description and the location of property of the obligor in this state not
exempt from execution; and
e. Except as otherwise provided in section 14-12.2-24, name and address of the
obligee and, if applicable, the person to whom support payments are to be
remitted.
Page No. 23
2.
3.
4.
5.
On receipt of a request for registration, the registering tribunal shall cause the order to
be filed as an order of another state or foreign country, together with one copy of the
documents and information, regardless of their form.
A petition or comparable pleading seeking a remedy that must be affirmatively sought
under other law of this state may be filed at the same time as the request for
registration or later. The pleading must specify the grounds for the remedy sought.
If two or more orders are in effect, the person requesting registration shall:
a. Furnish to the tribunal a copy of every support order asserted to be in effect in
addition to the documents specified in this section;
b. Specify the order alleged to be the controlling order, if any; and
c. Specify the amount of consolidated arrears, if any.
A request for a determination of which is the controlling order may be filed separately
or with a request for registration and enforcement or for registration and modification.
The person requesting registration shall give notice of the requests to each party
whose rights may be affected by the determination.
14-12.2-37. (Contingent expiration date - See note) (603) Effect of registration for
enforcement.
1. A support order or income-withholding order issued in another state is registered when
the order is filed in the registering tribunal of this state.
2. A registered order issued in another state is enforceable in the same manner and is
subject to the same procedures as an order issued by a tribunal of this state.
3. Except as otherwise provided in this chapter, a tribunal of this state shall recognize
and enforce, but may not modify, a registered order if the issuing tribunal had
jurisdiction.
(Contingent effective date - See note) (603) Effect of registration for enforcement.
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 order issued in another state or foreign country is enforceable in the same
manner and is subject to the same procedures as an order issued by a tribunal of this
state.
3. Except as otherwise provided in this chapter, a tribunal of this state shall recognize
and enforce, but may not modify, a registered order if the issuing tribunal had
jurisdiction.
14-12.2-38. (Contingent expiration date - See note) (604) Choice of law.
1. The law of the issuing state governs the nature, extent, amount, and duration of
current payments and other obligations of support and the payment of arrearages
under the order.
2. In a proceeding for arrearages, the statute of limitation under the laws of this state or
of the issuing state, whichever is longer, applies.
(Contingent effective date - See note) (604) Choice of law.
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 the
arrearages under the support order; and
c. The existence and satisfaction of other obligations under the support order.
2. In a proceeding for arrearages under a registered support order, the statute of
limitation of this state, or of the issuing state or foreign country, whichever is longer,
applies.
3. A responding tribunal of this state shall apply the procedures and remedies of this
state to enforce current support and collect arrears and interest due on a support order
of another state or foreign country registered in this state.
Page No. 24
4.
After a tribunal of this or another state determines which is the controlling order and
issues an order consolidating arrears, if any, a tribunal of this state shall prospectively
apply the law of the state or foreign country issuing the controlling order, including its
law on interest on arrears, on current and future support, and on consolidated arrears.
14-12.2-39. (Contingent expiration date - See note) (605) Notice of registration of
order.
1. When a support order or income-withholding order issued in another state is
registered, the registering tribunal shall notify the nonregistering party. The notice must
be accompanied by a copy of the registered order and the documents and relevant
information accompanying the order.
2. The notice must inform the nonregistering party:
a. That a registered order is enforceable as of the date of registration in the same
manner as an order issued by a tribunal of this state;
b. That a hearing to contest the validity or enforcement of the registered order must
be requested within twenty days after notice;
c. That failure to contest the validity or enforcement of the registered order in a
timely manner will result in confirmation of the order and enforcement of the order
and the alleged arrearages and precludes further contest of that order with
respect to any matter that could have been asserted; and
d. Of the amount of any alleged arrearages.
3. Upon registration of an income-withholding order for enforcement, the registering
tribunal shall notify the obligor's employer pursuant to the income-withholding
requirements of chapter 14-09.
(Contingent effective date - See note) (605) Notice of registration of order.
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 and relevant information accompanying the order.
2. A notice must inform the nonregistering party:
a. That a registered order is enforceable as of the date of registration in the same
manner as an order issued by a tribunal of this state;
b. That a hearing to contest the validity or enforcement of the registered order must
be requested within twenty days after notice unless the registered order is subject
to section 14-12.2-47.7;
c. That failure to contest the validity or enforcement of the registered order in a
timely manner will result in confirmation of the order and enforcement of the order
and the alleged arrearages; and
d. Of the amount of any alleged arrearages.
3. If the registering party asserts that two or more orders are in effect, a notice must also:
a. Identify the two or more orders and the order alleged by the registering party to
be the controlling order and the consolidated arrears, if any;
b. Notify the nonregistering party of the right to a determination of which is the
controlling order;
c. State that the procedures provided in subsection 2 apply to the determination of
which is the controlling order; and
d. State that failure to contest the validity or enforcement of the order alleged to be
the controlling order in a timely manner may result in confirmation that the order
is the controlling order.
4. Upon registration of an income-withholding order for enforcement, the support
enforcement agency or the registering tribunal shall notify the obligor's employer
pursuant to the income-withholding requirements of chapter 14-09.
Page No. 25
14-12.2-40. (Contingent expiration date - See note) (606) Procedure to contest validity
or enforcement of registered order.
1. A nonregistering party seeking to contest the validity or enforcement of a registered
order in this state shall request a hearing within twenty days after notice of the
registration. The nonregistering party may seek to vacate the registration, to assert any
defense to an allegation of noncompliance with the registered order, or to contest the
remedies being sought or the amount of any alleged arrearages pursuant to section
14-12.2-41.
2. If the nonregistering party fails to contest the validity or enforcement of the registered
order in a timely manner, the order is confirmed by operation of law.
3. If a nonregistering party requests a hearing to contest the validity or enforcement of
the registered order, the registering tribunal shall schedule the matter for hearing and
give notice to the parties of the date, time, and place of the hearing.
(Contingent effective date - See note) (606) Procedure to contest validity or
enforcement of registered order.
1. A nonregistering party seeking to contest the validity or enforcement of a registered
order in this state shall request a hearing in accordance with the notice provided in
section 14-12.2-39. The nonregistering party may seek to vacate the registration, to
assert any defense to an allegation of noncompliance with the registered order, or to
contest the remedies being sought or the amount of any alleged arrearages pursuant
to section 14-12.2-41.
2. If the nonregistering party fails to contest the validity or enforcement of the registered
order in a timely manner, the order is confirmed by operation of law.
3. If a nonregistering party requests a hearing to contest the validity or enforcement of
the registered order, the registering tribunal shall schedule the matter for hearing and
give notice to the parties of the date, time, and place of the hearing.
14-12.2-41. (Contingent expiration date - See note) (607) Contest of registration or
enforcement.
1. A party contesting the validity or enforcement of a registered 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 was obtained by fraud;
c. The order has been vacated, suspended, or modified by a later order;
d. The issuing tribunal has stayed the order pending appeal;
e. There is a defense under the law of this state to the remedy sought;
f. Full or partial payment has been made; or
g. The statute of limitation under section 14-12.2-38 precludes enforcement of some
or all of the arrearages.
2. If a party presents evidence establishing a full or partial defense under subsection 1, a
tribunal may stay enforcement of the registered order, continue the proceeding to
permit production of additional relevant evidence, and issue other appropriate orders.
An uncontested portion of the registered order may be enforced by all remedies
available under the law of this state.
3. If the contesting party does not establish a defense under subsection 1 to the validity
or enforcement of the order, the registering tribunal shall issue an order confirming the
order.
(Contingent effective date - See note) (607) Contest of registration or enforcement.
1. A party contesting the validity or enforcement of a registered 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 was obtained by fraud;
c. The order has been vacated, suspended, or modified by a later order;
d. The issuing tribunal has stayed the order pending appeal;
Page No. 26
e.
f.
g.
2.
3.
There is a defense under the law of this state to the remedy sought;
Full or partial payment has been made;
The statute of limitation under section 14-12.2-38 precludes enforcement of some
or all of the alleged arrearages; or
h. The alleged controlling order is not the controlling order.
If a party presents evidence establishing a full or partial defense under subsection 1, a
tribunal may stay enforcement of the registered order, continue the proceeding to
permit production of additional relevant evidence, and issue other appropriate orders.
An uncontested portion of the registered order may be enforced by all remedies
available under the law of this state.
If the contesting party does not establish a defense under subsection 1 to the validity
or enforcement of the order, the registering tribunal shall issue an order confirming the
order.
14-12.2-42. (608) Confirmed order.
Confirmation of a registered 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.
14-12.2-43. (Contingent expiration date - See note) (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 in another state shall register that order in this state in the same manner
provided in sections 14-12.2-35 through 14-12.2-38 of this chapter if the order has not been
registered. A petition for modification may be filed at the same time as a request for registration
or later. The pleading must specify the grounds for modification.
(Contingent effective date - See note) (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 in another state shall register that order in
this state in the same manner provided in sections 14-12.2-35 through 14-12.2-42 if the order
has not been registered. A petition for modification may be filed at the same time as a request
for registration or later. The pleading must specify the grounds for modification.
14-12.2-44. (Contingent expiration date - See note) (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 modified only if the requirements of section
14-12.2-45 have been met.
(Contingent effective date - See note) (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 modified only if the requirements of section 14-12.2-45 or
14-12.2-46.1 have been met.
14-12.2-45. (Contingent expiration date - See note) (611) Modification of child support
order of another state.
1. After a child support order issued in another state has been registered in this state, the
responding tribunal of this state may modify that order only if section 14-12.2-46.1
does not apply and after notice and hearing it finds that:
a. The following requirements are met:
(1) The child, the individual obligee, and the obligor do not reside in the issuing
state;
(2) A petitioner who is a nonresident of this state seeks modification; and
Page No. 27
(3)
The respondent is subject to the personal jurisdiction of the tribunal of this
state; or
b. The child, or a party who is an individual, is subject to the personal jurisdiction of
the tribunal of this state and all of the parties who are individuals have filed
written consents in the issuing tribunal for a tribunal of this state to modify the
support order and assume continuing, exclusive jurisdiction over the order.
However, if the issuing state is a foreign jurisdiction that has not enacted a law or
established procedures substantially similar to the procedures under the Uniform
Interstate Family Support Act, the consent otherwise required of an individual
residing in this state is not required for the tribunal to assume jurisdiction to
modify the child support order.
2. Modification of a registered child support order is subject to the same requirements,
procedures, and defenses that apply to the modification of an order issued by a
tribunal of this state and the order may be enforced and satisfied in the same manner.
3. A tribunal of this state may not modify any aspect of a child support order that may not
be modified under the law of the issuing state. If two or more tribunals have issued
child support orders for the same obligor and child, the order that controls and must be
so recognized under section 14-12.2-10 establishes the aspects of the support order
which are nonmodifiable.
4. On issuance of an order modifying a child support order issued in another state, a
tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.
(Contingent effective date - See note) (611) Modification of child support order of
another state.
1. If section 14-12.2-46.1 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:
a. The following requirements are met:
(1) Neither the child, nor the obligee who is an individual, nor the obligor resides
in the issuing state;
(2) A petitioner who is a nonresident of this state seeks modification; and
(3) The respondent is subject to the personal jurisdiction of the tribunal of this
state; or
b. This state is the residence of the child, or a party who is an individual is subject to
the personal jurisdiction of the tribunal of this state and all of the parties who are
individuals have filed consents in a record in the issuing tribunal for a tribunal of
this state to modify the support order and assume continuing, exclusive
jurisdiction.
2. Modification of a registered child support order is subject to the same requirements,
procedures, and defenses that apply to the modification of an order issued by a
tribunal of this state and the order may be enforced and satisfied in the same manner.
3. A tribunal of this state may not modify any aspect of a child support order that may not
be modified under the law of the issuing state, including the duration of the obligation
of support. If two or more tribunals have issued child support orders for the same
obligor and same child, the order that controls and must be so recognized under
section 14-12.2-10 establishes the aspects of the support order which are
nonmodifiable.
4. In a proceeding to modify a child support order, the law of the state that is determined
to have issued the initial controlling order governs the duration of the obligation of
support. The obligor's fulfillment of the duty of support established by that order
precludes imposition of a further obligation of support by a tribunal of this state.
5. On issuance of an order by a tribunal of this state modifying a child support order
issued in another state, the tribunal of this state becomes the tribunal having
continuing, exclusive jurisdiction.
6. Without regard to the restrictions on modification of a child support order stated in
subsection 2 of section 14-12.2-04 and this section, a tribunal of this state retains
jurisdiction to modify an order issued by a tribunal of this state if:
Page No. 28
a.
b.
One party resides in another state; and
The other party resides outside the United States.
14-12.2-46. (Contingent expiration date - See note) (612) Recognition of order
modified in another state.
A tribunal of this state shall recognize a modification of its earlier child support order by a
tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family
Support Act or a law substantially similar to this chapter and, upon request, except as otherwise
provided in this chapter, shall:
1. Enforce the order that was modified only as to amounts accruing before the
modification;
2. Enforce only nonmodifiable aspects of that order;
3. Provide other appropriate relief only for violations of that order which occurred before
the effective date of the modification; and
4. Recognize the modifying order of the other state, upon registration, for the purpose of
enforcement.
(Contingent effective date - See note) (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 which 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 interest accruing before
the modification;
2. May provide appropriate relief for violations of its order which occurred before the
effective date of the modification; and
3. Shall recognize the modifying order of the other state, upon registration, for the
purpose of enforcement.
14-12.2-46.1. (Contingent expiration date - See note) (613) Jurisdiction to modify child
support order of another state when individual parties reside in this state.
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 to modify the
issuing state's child support order in a proceeding to register that order.
2. A tribunal of this state exercising jurisdiction under this section shall apply the
provisions of sections 14-12.2-01 through 14-12.2-12, sections 14-12.2-35 through
14-12.2-46.2, and the procedural and substantive law of this state to the proceeding
for enforcement or modification. Sections 14-12.2-13 through 14-12.2-34 and sections
14-12.2-47, 14-12.2-48, and 14-12.2-49 do not apply.
(Contingent effective date - See note) (613) Jurisdiction to modify child support order
of another state when individual parties reside in this state.
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 to modify the
issuing state's child support order in a proceeding to register that order.
2. A tribunal of this state exercising jurisdiction under this section shall apply the
provisions of sections 14-12.2-01 through 14-12.2-12, sections 14-12.2-35 through
14-12.2-46.4, and the procedural and substantive law of this state to the proceeding
for enforcement or modification. Sections 14-12.2-13 through 14-12.2-34 and sections
14-12.2-47, 14-12.2-48, and 14-12.2-49 do not apply.
14-12.2-46.2. (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 earlier order, and in each tribunal in which the party knows the
earlier order has been registered. A party who obtains the order and fails to file a certified copy
is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The
Page No. 29
failure to file does not affect the validity or enforceability of the modified order of the new tribunal
having continuing, exclusive jurisdiction.
14-12.2-46.3. (Contingent effective date - See note) (615) Jurisdiction to modify child
support order of foreign country or political subdivision.
1. Except as otherwise provided in section 14-12.2-47.11, 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 subject to the personal jurisdiction of the tribunal whether or not the
consent to modification of a child support order otherwise required of the individual
pursuant to section 14-12.2-45 has been given or whether the individual seeking
modification is a resident of this state or of the foreign country.
2. An order issued by a tribunal of this state modifying a foreign child support order
pursuant to this section is the controlling order.
14-12.2-46.4. (Contingent effective date - See note) (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 subject to the convention may register that order in this state as
provided in sections 14-12.2-35 through 14-12.2-42 if the order has not been registered. A
petition for modification may be filed at the same time as a request for registration, or at another
time. The petition must specify the grounds for modification.
14-12.2-47. (Contingent repeal - See note) (701) Proceeding to determine parentage.
1. A tribunal of this state may serve as an initiating or responding tribunal in a proceeding
brought under this chapter or a law or procedure substantially similar to this chapter,
the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform
Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a
particular child or to determine that a respondent is a parent of that child.
2. In a proceeding to determine parentage, a responding tribunal of this state shall apply
section 14-12.2-28, chapter 14-20, and the rules of this state on choice of law.
14-12.2-47.1. (Contingent effective date - See note) (701) Definitions.
In sections 14-12.2-47.1 through 14-12.2-47.13:
1. "Application" means a request under the convention by an obligee, 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 a country to perform the functions
specified in the convention.
3. "Convention support order" means an order of a tribunal of a foreign country in which
the convention is in force with respect to the United States.
4. "Direct request" means a petition filed by an individual in a tribunal of this state in a
proceeding involving an obligee, obligor, or child residing outside the United States.
5. "Foreign central authority" means the entity designated by a foreign country in which
the convention is in force with respect to the United States to perform the functions
specified in the convention.
6. "Foreign support agreement" means an agreement for support in a record, also known
as a maintenance arrangement in the convention, that:
a. Is enforceable as a support order in the country of origin;
b. Has been formally drawn up or registered or has been authenticated by, or
concluded, registered, or filed with a foreign tribunal; and
c. May be reviewed and modified by a foreign tribunal.
7. "United States central authority" means the secretary of the United States department
of health and human services.
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14-12.2-47.2. (Contingent effective date - See note) (702) Applicability.
Sections 14-12.2-47.1 through 14-12.2-47.13 apply only to a support proceeding involving a
foreign country in which the convention is in force with respect to the United States. In such a
proceeding, if a provision of sections 14-12.2-47.1 through 14-12.2-47.13 is inconsistent with a
provision of sections 14-12.2-01 through 14-12.2-46.4, sections 14-12.2-47.1 through
14-12.2-47.13 control.
14-12.2-47.3. (Contingent effective date - See note) (703) Relationship of department
of human services to United States central authority.
The department of human services of this state is recognized as the agency designated by
the United States central authority to perform specific functions under the convention.
14-12.2-47.4. (Contingent effective date - See note) (704) Initiation by department of
human services of support proceeding subject to convention.
1. In a proceeding subject to the convention, the department of 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 this state.
2. The following support proceedings are available to an obligee under the convention:
a. Recognition or recognition and enforcement of a foreign support order;
b. Enforcement of a support order issued or recognized in this state;
c. Establishment of a support order if there is no existing order, including, where
necessary, determination of parentage;
d. Establishment of a support order if recognition of a foreign support order is
refused under subsection 2, 4, or 9 of section 14-12.2-47.8;
e. Modification of a support order of a tribunal of this state; and
f. Modification of a support order of a tribunal of another state or foreign country.
3. The following support proceedings are available under the convention to an obligor
against whom there is an existing support order:
a. Recognition of an order suspending or limiting enforcement of an existing support
order of a tribunal of this state;
b. Modification of a support order of a tribunal of this state; and
c. Modification of a support order of a tribunal of another state or foreign country.
4. A tribunal of this state may not require security, bond, or deposit, however described,
to guarantee the payment of costs and expenses in proceedings under the convention.
14-12.2-47.5. (Contingent effective date - See note) (705) Direct request.
1. A petitioner may file a direct request in a tribunal of this state seeking the
establishment or modification of a support order or determination of parentage. In such
a proceeding, the law of this state applies.
2. A petitioner may file a direct request in a tribunal of this state seeking the recognition
and enforcement of a support order or support agreement. In such a proceeding, the
provisions of sections 14-12.2-47.6 through 14-12.2-47.13 apply.
3. In a direct request for recognition and enforcement of a convention support order or
foreign support agreement:
a. No security, bond, or deposit shall be required to guarantee the payment of costs
and expenses related to the proceedings; and
b. The obligee or obligor, who in the issuing country has benefited from free legal
assistance, shall be entitled to benefit, at least to the same extent, from any free
legal assistance provided for by the law of this state under the same
circumstances.
4. An individual filing directly with a tribunal will not receive assistance from the
department of human services.
Page No. 31
5.
Nothing in sections 14-12.2-47.1 through 14-12.2-47.13 prevents the application of
laws of this state that provide simplified, more expeditious rules regarding a direct
request for recognition and enforcement of a foreign support order or support
agreement.
14-12.2-47.6. (Contingent effective date - See note) (706) Registration of convention
support order.
1. Except as otherwise provided in sections 14-12.2-47.1 through 14-12.2-47.13, 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 sections
14-12.2-35 through 14-12.2-46.4.
2. Notwithstanding section 14-12.2-23 and subsection 1 of section 14-12.2-36, a request
for registration of a convention support order must be accompanied by:
a. A complete text of the support order, or an abstract or extract of the support order
drawn up by the issuing foreign tribunal, which may be in the form recommended
by the Hague conference on private international law;
b. A record stating that the support order is enforceable in the issuing country;
c. If the respondent did not appear and was not represented in the proceedings in
the issuing country, a record attesting, as appropriate, either that the respondent
had proper notice of the proceedings and an opportunity to be heard or that the
respondent had proper notice of the support order and an opportunity to be heard
in a challenge or appeal on fact or law before a tribunal;
d. A record showing the amount of arrears, if any, and the date the amount was
calculated;
e. A record showing a requirement for automatic adjustment of the amount of
support, if any, and the information necessary to make the appropriate
calculations; and
f. If necessary, a record showing the extent to which the applicant received free
legal assistance in the issuing country.
3. A request for registration of a convention support order may seek recognition and
partial enforcement of the order.
4. A tribunal of this state may vacate the registration of a convention support order on its
own motion, without the filing of a contest under section 14-12.2-47.7 only if the
tribunal finds that recognition and enforcement of the order would be manifestly
incompatible with public policy.
5. The tribunal shall promptly notify the parties of the registration or the order vacating
the registration of a convention support order.
14-12.2-47.7. (Contingent effective date - See note) (707) Contest of registered
convention support order.
1. Except as otherwise provided in sections 14-12.2-47.1 through 14-12.2-47.13,
sections 14-12.2-39 through 14-12.2-42 apply to a contest of a registered convention
support order.
2. A party contesting a registered convention support order must file a contest within
thirty days after notice of the registration unless the contesting party does not reside in
the United States, in which case the contest must be filed within sixty days after notice.
3. If the nonregistering party fails to contest the registered convention support order in a
timely manner, the order is enforceable by operation of law.
4. A contest of a registered convention support order may be based only on grounds set
forth in section 14-12.2-47.8, and the contesting party bears the burden of proof.
5. In a contest of a registered convention support order, a tribunal of this state:
a. Is bound by the findings of fact on which the foreign tribunal based its jurisdiction;
and
b. May not review the merits of the support order.
6. A tribunal of this state deciding a contest of a registered convention support order shall
promptly notify the parties of its decision.
Page No. 32
7.
An appeal, if any, does not stay the enforcement of a convention support order unless
there are exceptional circumstances.
14-12.2-47.8. (Contingent effective date - See note) (708) Refusal of recognition and
enforcement of registered convention support order.
A tribunal of this state may refuse recognition and enforcement of a registered convention
support order only on the following grounds:
1. Recognition and enforcement of the order is manifestly incompatible with public policy,
including the failure of the issuing tribunal to observe minimum standards of due
process, which include notice and an opportunity to be heard;
2. The issuing tribunal lacked personal jurisdiction consistent with section 14-12.2-04;
3. The order is not enforceable in the issuing country;
4. The order was obtained by fraud in connection with a matter of procedure;
5. A record transmitted in accordance with section 14-12.2-47.6 lacks authenticity or
integrity;
6. A proceeding between the same parties and having the same purpose is pending
before a tribunal of this state and that proceeding was the first to be filed;
7. The order is incompatible with a more recent support order involving the same parties
and having the same purpose if the more recent support order is entitled to recognition
and enforcement in this state;
8. Payment, to the extent alleged arrears have been paid in whole or in part;
9. In a case in which the respondent neither appeared nor was represented in the
proceeding in the issuing foreign country when the law of that country:
a. Provides for prior notice of proceedings, the respondent did not have proper
notice of the proceedings and an opportunity to be heard; or
b. Does not provide for prior notice of the proceedings, the respondent did not have
proper notice of the order and an opportunity to be heard in a challenge or appeal
on fact or law before a tribunal; or
10. The order was made in violation of section 14-12.2-47.11.
14-12.2-47.9. (Contingent effective date - See note) (709) Partial enforcement - New
support order.
1. If a tribunal of this state may not recognize and enforce the whole of a convention
support order, it shall enforce any severable part of the order. An application or direct
request may seek recognition and partial enforcement of a convention support order.
2. If a tribunal of this state may not recognize a convention support order under
subsection 2, 4, or 9 of section 14-12.2-47.8:
a. The tribunal may not dismiss proceeding without allowing a reasonable time for a
party to request the establishment of a new support order.
b. The department of human services shall take all appropriate measures to request
a child support order for the obligee if the application for recognition and
enforcement was received under section 14-12.2-47.4.
14-12.2-47.10. (Contingent effective date - See note) (710) Foreign support agreement.
1. Except as provided in subsections 3 and 4, a tribunal of this state shall recognize and
enforce a foreign support agreement registered in this state.
2. An application or direct request for recognition and enforcement of a foreign support
agreement shall be accompanied by:
a. A complete text of the foreign support agreement; and
b. A record stating that the foreign support agreement is enforceable as a decision
in the issuing country.
3. A tribunal of this state may vacate the registration of a foreign support agreement only
if, acting on its own motion, the tribunal finds that recognition and enforcement would
be manifestly incompatible with public policy.
Page No. 33
4.
5.
In a contest of a foreign support agreement, a tribunal of this state may refuse
recognition and enforcement of the agreement if it finds:
a. Recognition and enforcement of the agreement is manifestly incompatible with
public policy;
b. The agreement was obtained by fraud or falsification;
c. The agreement is incompatible with a support order involving the same parties
and having the same purpose, either in this state, another state, or a foreign
country if the support order is entitled to recognition in this state; or
d. The record submitted under subsection 2 lacks authenticity or integrity.
A proceeding for recognition and enforcement of a foreign support agreement shall be
suspended during the pendency of a challenge to the agreement before a tribunal of
another state or foreign country.
14-12.2-47.11. (Contingent effective date - See note) (711) Modification of child
support order subject to convention.
1. A tribunal of this state may not modify a child support order subject to the convention if
the obligee remains a resident of the foreign country where the support order was
issued unless:
a. The obligee submits to the jurisdiction of a tribunal of this state, either expressly
or by defending on the merits of the case without objecting to the jurisdiction at
the first available opportunity; or
b. The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support
order or issue a new support order.
2. If a tribunal of this state may not modify the child support order subject to the
convention because the order may not be recognized in this state, subdivision a of
subsection 2 of section 14-12.2-47.9 applies.
14-12.2-47.12. (Contingent effective date - See note) (712) Personal information - Limit
on use.
Personal information gathered or transmitted under sections 14-12.2-47.1 through
14-12.2-47.13 may be used only for the purposes for which it was gathered or transmitted.
14-12.2-47.13. (Contingent effective date - See note) (713) English translation
required.
A record filed with a tribunal of this state under sections 14-12.2-47.1 through 14-12.2-47.13
must be in the original language and, if necessary, must be accompanied by an English
translation.
14-12.2-48. (Contingent expiration date - See note) (801) Grounds for rendition.
1. For purposes of sections 14-12.2-48 and 14-12.2-49, "governor" includes an individual
performing the functions of governor or the executive authority of a state covered by
this chapter.
2. The governor of this state may:
a. Demand that the governor of another state surrender an individual found in the
other state who is charged criminally in this state with having failed to provide for
the support of an obligee; or
b. On the demand by the governor of another state, surrender an individual found in
this state who is charged criminally in the other state with having failed to provide
for the support of an obligee.
3. A provision for extradition of individuals not inconsistent with this chapter applies to the
demand even if the individual whose surrender is demanded was not in the demanding
state when the crime was allegedly committed and has not fled therefrom.
(Contingent effective date - See note) (801) Grounds for rendition.
Page No. 34
1.
2.
3.
For purposes of sections 14-12.2-48 and 14-12.2-49, "governor" includes an individual
performing the functions of governor or the executive authority of a state covered by
this chapter.
The governor of this state may:
a. Demand that the governor of another state surrender an individual found in the
other state who is charged criminally in this state with having failed to provide for
the support of an obligee; or
b. On the demand of the governor of another state, surrender an individual found in
this state who is charged criminally in the other state with having failed to provide
for the support of an obligee.
A provision for extradition of individuals not inconsistent with this chapter applies to the
demand even if the individual whose surrender is demanded was not in the demanding
state when the crime was allegedly committed and has not fled therefrom.
14-12.2-49. (Contingent expiration date - See note) (802) Conditions of rendition.
1. Before making 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
demonstrate that at least sixty days previously the obligee had initiated proceedings
for support pursuant to this chapter or that the proceeding would be of no avail.
2. If, under this chapter or a law substantially similar to this chapter, the Uniform
Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal
Enforcement of Support Act, the governor of another state makes a demand that the
governor of this state surrender an individual charged criminally in that state with
having failed to provide for the support of a child or other individual to whom a duty of
support is owed, the governor may require a prosecutor to investigate the demand and
report whether a proceeding for support has been initiated or would be effective. If it
appears that a proceeding would be effective but has not been initiated, the governor
may delay honoring the demand for a reasonable time to permit the initiation of a
proceeding.
3. If a proceeding for support has been initiated and the individual whose rendition is
demanded prevails, the governor may decline to honor the demand. If the petitioner
prevails and the individual whose rendition is demanded is subject to a support order,
the governor may decline to honor the demand if the individual is complying with the
support order.
(Contingent effective date - See note) (802) Conditions of rendition.
1. 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
demonstrate that at least sixty days previously the obligee had initiated proceedings
for support pursuant to this chapter or that the proceeding would be of no avail.
2. If, under this chapter or a law substantially similar to this chapter, the governor of
another state makes a demand that the governor of this state surrender an individual
charged criminally in that state with having failed to provide for the support of a child or
other individual to whom a duty of support is owed, the governor may require a
prosecutor to investigate the demand and report whether a proceeding for support has
been initiated or would be effective. If it appears that a proceeding would be effective
but has not been initiated, the governor may delay honoring the demand for a
reasonable time to permit the initiation of a proceeding.
3. If a proceeding for support has been initiated and the individual whose rendition is
demanded prevails, the governor may decline to honor the demand. If the petitioner
prevails and the individual whose rendition is demanded is subject to a support order,
the governor may decline to honor the demand if the individual is complying with the
support order.
Page No. 35
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