PART 6. Uniform Interstate Family Support Act [5700.101. - 5700.905.]
Part 6 added by Stats. 2015, Ch. 493, Sec. 5.
§§ 5700.101–5700.905 · 79 sections
CHAPTER 1. General Provisions §§ 5700.101–5700.105 · 5 sections
- § 5700.101 (a) This part may be cited as the Uniform Interstate Family Support Act. (b) There is a federal mandate set forth in Section 666(f) of Title 42 of the United…
- § 5700.102 In this part: (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…
- § 5700.103 (a) The superior court is the tribunal of this state. (b) The Department of Child Support Services is the support enforcement agency of this state.
- § 5700.104 (a) Remedies provided by this part are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order…
- § 5700.105 (a) A tribunal of this state shall apply Chapters 1 through 6 and, as applicable, Chapter 7, to a support proceeding involving: (1) a foreign support order;…
CHAPTER 2. Jurisdiction §§ 5700.201–5700.211 · 11 sections
- § 5700.201 (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction…
- § 5700.202 Personal jurisdiction acquired by a tribunal of this state in a proceeding under this part or other law of this state relating to a support order continues as…
- § 5700.203 Under this part, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding…
- § 5700.204 (a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed…
- § 5700.205 (a) 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…
- § 5700.206 (a) 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…
- § 5700.207 (a) If a proceeding is brought under this part and only one tribunal has issued a child-support order, the order of that tribunal controls and must be…
- § 5700.208 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…
- § 5700.209 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…
- § 5700.210 A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this part, under other law of this state relating to a…
- § 5700.211 (a) A tribunal of this state issuing a spousal-support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the…
CHAPTER 3. Civil Provisions of General Application §§ 5700.301–5700.319 · 19 sections
- § 5700.301 (a) Except as otherwise provided in this part, this chapter applies to all proceedings under this part. (b) An individual petitioner or a support enforcement…
- § 5700.302 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.
- § 5700.303 Except as otherwise provided in this part, a responding tribunal of this state shall: (1) apply the procedural and substantive law generally applicable to…
- § 5700.304 (a) Upon the filing of a petition authorized by this part, an initiating tribunal of this state shall forward the petition and its accompanying documents: (1)…
- § 5700.305 (a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to Section…
- § 5700.306 If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents…
- § 5700.307 (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this part. (b) A support enforcement…
- § 5700.308 (a) If the Attorney General or the Department of Child Support Services determines that the support enforcement agency is neglecting or refusing to provide…
- § 5700.309 An individual may employ private counsel to represent the individual in proceedings authorized by this part.
- § 5700.310 (a) The Department of Child Support Services is the state information agency under this part. (b) The state information agency shall: (1) compile and maintain…
- § 5700.311 (a) In a proceeding under this part, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support…
- § 5700.312 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…
- § 5700.313 (a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal of this state may assess against…
- § 5700.314 (a) Participation by a petitioner in a proceeding under this part before a responding tribunal, whether in person, by private attorney, or through services…
- § 5700.315 A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this part.
- § 5700.316 (a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or…
- § 5700.317 A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information…
- § 5700.318 A tribunal of this state may: (1) request a tribunal outside this state to assist in obtaining discovery; and (2) upon request, compel a person over which it…
- § 5700.319 (a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order.…
CHAPTER 4. Establishment of Support Order or Determination of Parentage §§ 5700.401–5700.402 · 2 sections
- § 5700.401 (a) If a support order entitled to recognition under this part has not been issued, a responding tribunal of this state with personal jurisdiction over the…
- § 5700.402 A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child…
CHAPTER 5. Enforcement of Support Order Without Registration §§ 5700.501–5700.507 · 7 sections
- § 5700.501 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…
- § 5700.502 (a) Upon receipt of an income-withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor. (b) The employer shall…
- § 5700.503 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…
- § 5700.504 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…
- § 5700.505 An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same…
- § 5700.506 (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this…
- § 5700.507 (a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign…
CHAPTER 6. Registration, Enforcement, and Modification of Support Order §§ 5700.601–5700.616 · 16 sections
ARTICLE 1. Registration for Enforcement of Support Order §§ 5700.601–5700.604 · 4 sections
- § 5700.601 A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
- § 5700.602 (a) Except as otherwise provided in Section 5700.706, a support order or income-withholding order of another state or a foreign support order may be registered…
- § 5700.603 (a) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering…
- § 5700.604 (a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs: (1) the nature, extent, amount, and duration of…
ARTICLE 2. Contest of Validity or Enforcement §§ 5700.605–5700.608 · 4 sections
- § 5700.605 (a) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state…
- § 5700.606 (a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time…
- § 5700.607 (a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of…
- § 5700.608 Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any…
ARTICLE 3. Registration and Modification of Child-Support Order of Another State §§ 5700.609–5700.614 · 6 sections
- § 5700.609 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…
- § 5700.610 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…
- § 5700.611 (a) If Section 5700.613 does not apply, upon petition a tribunal of this state may modify a child-support order issued in another state which is registered in…
- § 5700.612 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…
- § 5700.613 (a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has…
- § 5700.614 Within 30 days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing…
ARTICLE 4. Registration and Modification of Foreign Child-Support Order §§ 5700.615–5700.616 · 2 sections
- § 5700.615 (a) Except as otherwise provided in Section 5700.711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant…
- § 5700.616 A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the Convention may register that…
CHAPTER 7. Support Proceeding Under Convention §§ 5700.701–5700.713 · 13 sections
- § 5700.701 In this chapter: (1) “Application” means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for…
- § 5700.702 This chapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this chapter is inconsistent with Chapters 1…
- § 5700.703 The Department of Child Support Services is recognized as the agency designated by the United States central authority to perform specific functions under the…
- § 5700.704 (a) In a support proceeding under this chapter, the Department of Child Support Services shall: (1) transmit and receive applications; and (2) initiate or…
- § 5700.705 (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the…
- § 5700.706 (a) Except as otherwise provided in this chapter, a party who is an individual or a support enforcement agency seeking recognition of a Convention support…
- § 5700.707 (a) Except as otherwise provided in this chapter, Sections 5700.605 through 5700.608 apply to a contest of a registered Convention support order. (b) A party…
- § 5700.708 (a) Except as otherwise provided in subsection (b), a tribunal of this state shall recognize and enforce a registered Convention support order. (b) The…
- § 5700.709 If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An…
- § 5700.710 (a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in…
- § 5700.711 (a) A tribunal of this state may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order…
- § 5700.712 Personal information gathered or transmitted under this chapter may be used only for the purposes for which it was gathered or transmitted.
- § 5700.713 A record filed with a tribunal of this state under this chapter must be in the original language and, if not in English, must be accompanied by an English…
CHAPTER 8. Interstate Rendition §§ 5700.801–5700.802 · 2 sections
- § 5700.801 (a) For purposes of this chapter, “governor” includes an individual performing the functions of governor or the executive authority of a state covered by this…
- § 5700.802 (a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the…
CHAPTER 9. Miscellaneous Provisions §§ 5700.901–5700.905 · 4 sections
- § 5700.901 In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among…
- § 5700.902 This part applies to proceedings begun on or after January 1, 2016, to establish a support order or determine parentage of a child or to register, recognize,…
- § 5700.903 If any provision of this part or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications…
- § 5700.905 The Department of Child Support Services may adopt emergency regulations as appropriate to implement this part.