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S05685 Summary:

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                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5685--B
            Cal. No. 1230
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      May 27, 2015
                                       ___________
 
        Introduced by Sen. BONACIC -- (at request of the Office of Temporary and
          Disability  Assistance)  --  read  twice and ordered printed, and when
          printed to be committed to the  Committee  on  Judiciary  --  reported
          favorably  from  said  committee,  ordered to first report, amended on
          first report, ordered  to  a  second  report  and  ordered  reprinted,
          retaining  its  place  in  the  order of second report -- ordered to a
          third reading, amended and ordered reprinted, retaining its  place  in
          the order of third reading
 
        AN  ACT  to  amend the social services law, in relation to the effective
          date of adjustments to the combined parental income amount;  to  amend
          the  family court act, in relation to adopting the 2008 changes to the
          uniform interstate family support act; and to repeal  article  5-B  of
          the family court act relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (b) of subdivision 2  of  section  111-i  of  the
     2  social  services  law, as amended by chapter 466 of the laws of 2014, is
     3  amended to read as follows:
     4    (b) The combined parental income amount to be reported  in  the  child
     5  support  standards  chart  and  utilized  in calculating orders of child
     6  support in accordance with subparagraph two of paragraph (c) of subdivi-
     7  sion one of section four hundred thirteen of the family  court  act  and
     8  subparagraph  two  of  paragraph (c) of subdivision one-b of section two
     9  hundred forty of the domestic relations law as of January  thirty-first,
    10  two  thousand  fourteen shall be one hundred forty-one thousand dollars;
    11  provided, however, beginning [January  thirty-first]  March  first,  two
    12  thousand  sixteen  and every two years thereafter, the combined parental
    13  income amount shall increase by the sum of the average annual percentage
    14  changes in the consumer price index for all urban consumers  (CPI-U)  as
    15  published  by  the  United  States  department  of labor bureau of labor
    16  statistics for the prior two years multiplied by  the  current  combined
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09632-08-5
        S. 5685--B                          2
 
     1  parental  income  amount  and  then  rounded to the nearest one thousand
     2  dollars.
     3    § 2. Article 5-B of the family court act is REPEALED and a new article
     4  5-B is added to read as follows:
     5                                 ARTICLE 5-B
     6                    UNIFORM INTERSTATE FAMILY SUPPORT ACT
     7  PART 1.   General provisions.
     8       2.   Jurisdiction.
     9       3.   Civil provisions of general application.
    10       4.   Establishment of support order or determination of parentage.
    11       5.   Enforcement of support order without registration.
    12       6.   Registration, enforcement and modification of support order.
    13       7.   Support proceeding under convention.
    14       8.   Interstate rendition.
    15       9.   Miscellaneous provisions.
    16                                   PART 1
    17                             GENERAL PROVISIONS
    18  Section 580-101. Short title.
    19          580-102. Definitions.
    20          580-103. State tribunal and support enforcement agency.
    21          580-104. Remedies cumulative.
    22          580-105. Application  of  article to resident of foreign country
    23                     and foreign support proceeding.
    24    § 580-101. Short title. This article may  be  cited  as  the  "uniform
    25  interstate family support act" or "UIFSA".
    26    § 580-102. Definitions. In this article:
    27    (1)  "Child"  means  an  individual,  whether over or under the age of
    28  majority, who is or is alleged to be owed a duty of support by the indi-
    29  vidual's parent or who is or is alleged  to  be  the  beneficiary  of  a
    30  support order directed to the parent.
    31    (2) "Child support order" means a support order for a child, including
    32  a  child who has attained the age of majority under the law of the issu-
    33  ing state or foreign country.
    34    (3) "Convention" means the Convention on the International Recovery of
    35  Child Support and Other Forms of Family Maintenance,  concluded  at  The
    36  Hague on November twenty-third, two thousand seven.
    37    (4)  "Duty of support" means an obligation imposed or imposable by law
    38  to provide support for a child, spouse, or former spouse,  including  an
    39  unsatisfied obligation to provide support.
    40    (5)  "Foreign country" means a country, including a political subdivi-
    41  sion thereof, other than the United States, that authorizes the issuance
    42  of support orders and:
    43    (i) which has been declared under the law of the United States to be a
    44  foreign reciprocating country;
    45    (ii) which has established a reciprocal arrangement for child  support
    46  with this state as provided in section 580-308 of this article;
    47    (iii)  which has enacted a law or established procedures for the issu-
    48  ance and enforcement of support orders which are  substantially  similar
    49  to the procedures under this article; or
    50    (iv)  in  which  the Convention is in force with respect to the United
    51  States.
    52    (6) "Foreign support order" means a support order of a foreign  tribu-
    53  nal.
    54    (7)  "Foreign tribunal" means a court, administrative agency or quasi-
    55  judicial entity of a foreign country which is authorized  to  establish,
        S. 5685--B                          3
 
     1  enforce  or modify support orders, or to determine parentage of a child.
     2  The term includes a competent authority under the Convention.
     3    (8)  "Home  state" means the state or foreign country in which a child
     4  lived with a parent or a person  acting  as  parent  for  at  least  six
     5  consecutive  months  immediately preceding the time of filing of a peti-
     6  tion or comparable pleading for support and, if a child is less than six
     7  months old, the state or foreign country in which the child  lived  from
     8  birth  with any of them. A period of temporary absence of any of them is
     9  counted as part of the six-month or other period.
    10    (9) "Income" includes earnings or other periodic entitlements to money
    11  from any source and  any  other  property  subject  to  withholding  for
    12  support as defined by section five thousand two hundred forty-one of the
    13  civil practice law and rules.
    14    (10)  "Income withholding order" means an order or other legal process
    15  directed to an obligor's employer, an income payor as defined by section
    16  five thousand two hundred forty-one or five thousand two hundred  forty-
    17  two  of  the  civil  practice law and rules, or other debtor to withhold
    18  support from the income of the obligor.
    19    (11) "Initiating tribunal" means the tribunal of a  state  or  foreign
    20  country  from which a petition or comparable pleading is forwarded or in
    21  which a petition or comparable  pleading  is  filed  for  forwarding  to
    22  another state or foreign country.
    23    (12)  "Issuing  foreign  country" means the foreign country in which a
    24  tribunal issues a support order or a judgment determining parentage of a
    25  child.
    26    (13) "Issuing state" means the state in  which  a  tribunal  issues  a
    27  support order or a judgment determining parentage of a child.
    28    (14) "Issuing tribunal" means the tribunal of a state or foreign coun-
    29  try that issues a support order or a judgment determining parentage of a
    30  child.
    31    (15)  "Law"  includes decisional and statutory law and rules and regu-
    32  lations having the force of law.
    33    (16) "Obligee" means:
    34    (i) an individual to whom a duty of support is or  is  alleged  to  be
    35  owed or in whose favor a support order or a judgment determining parent-
    36  age of a child has been issued;
    37    (ii)  a  foreign country, state or political subdivision of a state to
    38  which the rights under a duty of support  or  support  order  have  been
    39  assigned  or  which has independent claims based on financial assistance
    40  provided to an individual obligee in place of child support;
    41    (iii) an individual seeking a judgment determining  parentage  of  the
    42  individual's child; or
    43    (iv)  a  person that is a creditor in a proceeding under part seven of
    44  this article.
    45    (17) "Obligor" means an individual, or the estate of a decedent that:
    46    (i) owes or is alleged to owe a duty of support;
    47    (ii) is alleged but has not been adjudicated  to  be  a  parent  of  a
    48  child;
    49    (iii) is liable under a support order; or
    50    (iv) is a debtor in a proceeding under part seven of this article.
    51    (18) "Outside this state" means a location in another state or a coun-
    52  try  other  than  the  United  States,  whether  or not the country is a
    53  foreign country.
    54    (19)  "Person"  means  an  individual,  corporation,  business  trust,
    55  estate,  trust,  partnership,  limited  liability  company, association,
    56  joint venture, public corporation, government or  governmental  subdivi-
        S. 5685--B                          4
 
     1  sion,  agency or instrumentality, or any other legal or commercial enti-
     2  ty.
     3    (20) "Record" means information that is inscribed on a tangible medium
     4  or that is stored in an electronic or other medium and is retrievable in
     5  perceivable form.
     6    (21)  "Register"  means  to file in a tribunal of this state a support
     7  order or judgment determining parentage of a  child  issued  in  another
     8  state or a foreign country.
     9    (22)  "Registering tribunal" means a tribunal in which a support order
    10  or judgment determining parentage of a child is registered.
    11    (23) "Responding state" means a state in which a petition or  compara-
    12  ble  pleading  for support or to determine parentage of a child is filed
    13  or to which a petition or comparable pleading is  forwarded  for  filing
    14  from another state or a foreign country.
    15    (24) "Responding tribunal" means the authorized tribunal in a respond-
    16  ing state or foreign country.
    17    (25)  "Spousal-support  order"  means  a support order for a spouse or
    18  former spouse of the obligor.
    19    (26) "State" means a state of  the  United  States,  the  District  of
    20  Columbia, Puerto Rico, the United States Virgin Islands, or any territo-
    21  ry  or  insular  possession under the jurisdiction of the United States.
    22  The term includes an Indian nation or tribe.
    23    (27) "Support enforcement agency" means  a  public  official,  govern-
    24  mental entity or private agency authorized to:
    25    (i) seek enforcement of support orders or laws relating to the duty of
    26  support;
    27    (ii) seek establishment or modification of child support;
    28    (iii) request determination of parentage of a child;
    29    (iv) attempt to locate obligors or their assets; or
    30    (v) request determination of the controlling child support order.
    31    (28)  "Support  order"  means  a  judgment, decree, order, decision or
    32  directive, whether temporary, final or subject to  modification,  issued
    33  in  a state or foreign country for the benefit of a child, a spouse or a
    34  former spouse, which provides for monetary support, health care, arrear-
    35  ages, retroactive support  or  reimbursement  for  financial  assistance
    36  provided  to  an  individual obligee in place of child support. The term
    37  may include related costs and fees, interest, income withholding,  auto-
    38  matic adjustment, reasonable attorney's fees and other relief.
    39    (29)  "Tribunal"  means a court, administrative agency, or quasi-judi-
    40  cial entity authorized to establish, enforce, or modify  support  orders
    41  or to determine parentage of a child.
    42    § 580-103. State tribunal and state support enforcement agencies.  (a)
    43  The family court is the tribunal of this state.
    44    (b)  The office of temporary and disability assistance and/or a social
    45  services district as defined in subdivision seven of section two of  the
    46  social services law are the support enforcement agencies of this state.
    47    § 580-104. Remedies cumulative.  (a) Remedies provided by this article
    48  are  cumulative  and  do  not  affect the availability of remedies under
    49  other law or the recognition of a foreign support order on the basis  of
    50  comity.
    51    (b) This article does not:
    52    (1)  provide  the  exclusive  method  of  establishing  or enforcing a
    53  support order under the law of this state; or
    54    (2) grant a tribunal of this state jurisdiction to render judgment  or
    55  issue  an  order relating to child custody or visitation in a proceeding
    56  under this article.
        S. 5685--B                          5
 
     1    § 580-105. Application of the article to a resident of a foreign coun-
     2  try and foreign support proceedings.  (a) A tribunal of this state shall
     3  apply parts one through six of this article  and,  as  applicable,  part
     4  seven of this article, to a support proceeding involving:
     5    (1) a foreign support order;
     6    (2) a foreign tribunal; or
     7    (3) an obligee, obligor, or child residing in a foreign country.
     8    (b)  A  tribunal  of  this  state  that  is requested to recognize and
     9  enforce a support order on the basis of comity may apply the  procedural
    10  and substantive provisions of parts one through six of this article.
    11    (c)  Part  seven  of this article applies only to a support proceeding
    12  under the convention.   In such a proceeding, if  a  provision  of  part
    13  seven of this article is inconsistent with parts one through six of this
    14  article, part seven of this article controls.
    15                                   PART 2
    16                                JURISDICTION
    17  Section 580-201. Bases for jurisdiction over nonresident.
    18          580-202. Duration of personal jurisdiction.
    19          580-203. Initiating and responding tribunal of state.
    20          580-204. Simultaneous proceedings.
    21          580-205. Continuing   exclusive  jurisdiction  to  modify  child
    22                     support order.
    23          580-206. Continuing jurisdiction to enforce child support order.
    24          580-207. Determination of controlling child support order.
    25          580-208. Child support orders for two or more obligees.
    26          580-209. Credit for payments.
    27          580-210. Application  of  article  to  nonresident  subject   to
    28                     personal jurisdiction.
    29          580-211. Continuing  exclusive  jurisdiction  to modify spousal-
    30                     support order.
    31    § 580-201. Bases for jurisdiction over nonresident.  (a) In a proceed-
    32  ing to establish or enforce a support order or to determine parentage of
    33  a child, a tribunal of this state  may  exercise  personal  jurisdiction
    34  over  a nonresident individual or the individual's guardian or conserva-
    35  tor if:
    36    (1) the individual is personally served with a  summons  and  petition
    37  within this state;
    38    (2)  the  individual  submits  to  the  jurisdiction  of this state by
    39  consent, by entering a general appearance, or  by  filing  a  responsive
    40  document  or  other  action  having the effect of waiving any contest to
    41  personal jurisdiction;
    42    (3) the individual resided with the child in this state;
    43    (4) the  individual  resided  in  this  state  and  provided  prenatal
    44  expenses or support for the child;
    45    (5)  the child resides in this state as a result of the acts or direc-
    46  tives of the individual;
    47    (6) the individual engaged in sexual intercourse in this state and the
    48  child may have been conceived by that act of intercourse;
    49    (7) the individual asserted parentage  of  a  child  in  the  putative
    50  father  registry  maintained in this state by the office of children and
    51  family services; or
    52    (8) there is any other basis consistent with the constitutions of this
    53  state and the United States for the exercise of personal jurisdiction.
    54    (b) The bases of personal jurisdiction set forth in subdivision (a) of
    55  this section or in any other law of  this  state  may  not  be  used  to
    56  acquire  personal  jurisdiction for a tribunal of this state to modify a
        S. 5685--B                          6
 
     1  child support order of another state unless the requirements of  section
     2  580-611  of  this  article are met, or, in the case of a foreign support
     3  order, unless the requirements of section 580-615 of  this  article  are
     4  met.
     5    §  580-202.  Duration of personal jurisdiction.  Personal jurisdiction
     6  acquired by a tribunal of this state in a proceeding under this  article
     7  or other law of this state relating to a support order continues as long
     8  as  a  tribunal  of this state has continuing, exclusive jurisdiction to
     9  modify its order or continuing jurisdiction  to  enforce  its  order  as
    10  provided by sections 580-205, 580-206 and 580-211 of this part.
    11    §  580-203.  Initiating  and responding tribunal of state.  Under this
    12  article, a tribunal of this state may serve as an initiating tribunal to
    13  forward proceedings to a tribunal of another state, and as a  responding
    14  tribunal  for  proceedings initiated in another state or a foreign coun-
    15  try.
    16    § 580-204. Simultaneous proceedings.  (a) A tribunal of this state may
    17  exercise jurisdiction to establish a support order if  the  petition  or
    18  comparable  pleading is filed after a pleading is filed in another state
    19  or a foreign country only if:
    20    (1) the petition or comparable pleading in this state is filed  before
    21  the  expiration  of  the  time allowed in the other state or the foreign
    22  country for filing a responsive pleading  challenging  the  exercise  of
    23  jurisdiction by the other state or the foreign country;
    24    (2)  the  contesting party timely challenges the exercise of jurisdic-
    25  tion in the other state or the foreign country; and
    26    (3) if relevant, this state is the home state of the child.
    27    (b) A tribunal of this state may not exercise jurisdiction  to  estab-
    28  lish  a  support  order  if the petition or comparable pleading is filed
    29  before a petition or comparable pleading is filed in another state or  a
    30  foreign country if:
    31    (1)  the petition or comparable pleading in the other state or foreign
    32  country is filed before the expiration of the time allowed in this state
    33  for filing a responsive pleading challenging the exercise  of  jurisdic-
    34  tion by this state;
    35    (2)  the  contesting party timely challenges the exercise of jurisdic-
    36  tion in this state; and
    37    (3) if relevant, the other state or foreign country is the home  state
    38  of the child.
    39    §  580-205.  Continuing exclusive jurisdiction to modify child support
    40  order.  (a) A tribunal of this state that has  issued  a  child  support
    41  order  consistent  with  the  law  of  this state has and shall exercise
    42  continuing, exclusive jurisdiction to modify its child support order  if
    43  the order is the controlling order and:
    44    (1) at the time of the filing of a request for modification this state
    45  is the residence of the obligor, the individual obligee or the child for
    46  whose benefit the support order is issued; or
    47    (2)  even if this state is not the residence of the obligor, the indi-
    48  vidual obligee or the child for  whose  benefit  the  support  order  is
    49  issued, the parties consent in a record or in open court that the tribu-
    50  nal  of  this  state may continue to exercise jurisdiction to modify its
    51  order.
    52    (b) A tribunal of this state that has issued  a  child  support  order
    53  consistent  with  the  law  of  this  state may not exercise continuing,
    54  exclusive jurisdiction to modify the order if:
    55    (1) all of the parties who are individuals file consent  in  a  record
    56  with  the  tribunal  of this state that a tribunal of another state that
        S. 5685--B                          7
 
     1  has jurisdiction over at least one of the parties who is  an  individual
     2  or that is located in the state of residence of the child may modify the
     3  order and assume continuing, exclusive jurisdiction; or
     4    (2) its order is not the controlling order.
     5    (c)  If  a  tribunal of another state has issued a child support order
     6  pursuant to the Uniform Interstate Family Support Act or a law  substan-
     7  tially  similar  to  that  act which modifies a child support order of a
     8  tribunal of this state, tribunals of  this  state  shall  recognize  the
     9  continuing, exclusive jurisdiction of the tribunal of the other state.
    10    (d)  A  tribunal of this state that lacks continuing, exclusive juris-
    11  diction to modify a child support  order  may  serve  as  an  initiating
    12  tribunal  to  request  a  tribunal  of another state to modify a support
    13  order issued in that state.
    14    (e) A temporary support order issued ex parte or pending resolution of
    15  a jurisdictional conflict does not create continuing,  exclusive  juris-
    16  diction in the issuing tribunal.
    17    §  580-206.  Continuing  jurisdiction  to enforce child support order.
    18  (a) A tribunal of this state that  has  issued  a  child  support  order
    19  consistent  with the law of this state may serve as an initiating tribu-
    20  nal to request a tribunal of another state to enforce:
    21    (1) the order if the order is the controlling order and has  not  been
    22  modified by a tribunal of another state that assumed jurisdiction pursu-
    23  ant to the Uniform Interstate Family Support Act; or
    24    (2)  a money judgment for arrears of support and interest on the order
    25  accrued before a determination that an order of a  tribunal  of  another
    26  state is the controlling order.
    27    (b)  A  tribunal  of  this state having continuing jurisdiction over a
    28  support order may act as a responding tribunal to enforce the order.
    29    § 580-207. Determination of controlling child support order.  (a) If a
    30  proceeding is brought under this  article  and  only  one  tribunal  has
    31  issued  a  child  support order, the order of that tribunal controls and
    32  must be recognized.
    33    (b) If a proceeding is brought under this article,  and  two  or  more
    34  child support orders have been issued by tribunals of this state, anoth-
    35  er  state  or a foreign country with regard to the same obligor and same
    36  child, a tribunal of this state having personal jurisdiction  over  both
    37  the  obligor  and individual obligee shall apply the following rules and
    38  by order shall determine which order controls and must be recognized:
    39    (1) If only one of the  tribunals  would  have  continuing,  exclusive
    40  jurisdiction under this article, the order of that tribunal controls.
    41    (2) If more than one of the tribunals would have continuing, exclusive
    42  jurisdiction under this article:
    43    (i)  an  order  issued  by a tribunal in the current home state of the
    44  child controls; or
    45    (ii) if an order has not been issued in the current home state of  the
    46  child, the order most recently issued controls.
    47    (3)  If  none of the tribunals would have continuing, exclusive juris-
    48  diction under this article, the tribunal of this  state  shall  issue  a
    49  child support order, which controls.
    50    (c)  If two or more child support orders have been issued for the same
    51  obligor and same child, upon request of a party who is an individual  or
    52  that  is  a  support enforcement agency, a tribunal of this state having
    53  personal jurisdiction over both the obligor and the obligee  who  is  an
    54  individual shall determine which order controls under subdivision (b) of
    55  this  section. The request may be filed with a registration for enforce-
        S. 5685--B                          8
 
     1  ment or registration for modification pursuant to part six of this arti-
     2  cle, or may be filed as a separate proceeding.
     3    (d)  A  request  to  determine  which is the controlling order must be
     4  accompanied by a copy of every child support order  in  effect  and  the
     5  applicable record of payments. The requesting party shall give notice of
     6  the  request  to each party whose rights may be affected by the determi-
     7  nation.
     8    (e) The tribunal that issued the controlling order  under  subdivision
     9  (a),  (b)  or  (c)  of  this  section has continuing jurisdiction to the
    10  extent provided in section 580-205 or 580-206 of this part.
    11    (f) A tribunal of this state that determines by  order  which  is  the
    12  controlling  order  under  paragraph  one  or  two of subdivision (b) or
    13  subdivision (c) of this section, or that issues a new controlling  order
    14  under paragraph three of subdivision (b) of this section, shall state in
    15  that order:
    16    (1) the basis upon which the tribunal made its determination;
    17    (2) the amount of prospective support, if any; and
    18    (3)  the total amount of consolidated arrears and accrued interest, if
    19  any, under all of the orders after all payments  made  are  credited  as
    20  provided by section 580-209 of this part.
    21    (g) Within thirty days after issuance of an order determining which is
    22  the controlling order, the party obtaining the order shall file a certi-
    23  fied  copy  of  it in each tribunal that issued or registered an earlier
    24  order of child support. A party or support enforcement agency  obtaining
    25  the  order that fails to file a certified copy is subject to appropriate
    26  sanctions by a tribunal in which the issue of failure  to  file  arises.
    27  The  failure  to  file does not affect the validity or enforceability of
    28  the controlling order.
    29    (h) An order that has been determined to be the controlling order,  or
    30  a  judgment  for  consolidated  arrears of support and interest, if any,
    31  made pursuant to this section must be recognized  in  proceedings  under
    32  this article.
    33    § 580-208. Child support orders for two or more obligees.  In respond-
    34  ing  to  registrations or petitions for enforcement of two or more child
    35  support orders in effect at the same time with regard to the same  obli-
    36  gor  and different individual obligees, at least one of which was issued
    37  by a tribunal of another state or a foreign country, a tribunal of  this
    38  state shall enforce those orders in the same manner as if the orders had
    39  been issued by a tribunal of this state.
    40    § 580-209. Credit for payments.  A tribunal of this state shall credit
    41  amounts  collected for a particular period pursuant to any child support
    42  order against the amounts owed for the same period under any other child
    43  support order for support of the same child issued by a tribunal of this
    44  state, another state, or a foreign country.
    45    § 580-210. Application of article to nonresident subject  to  personal
    46  jurisdiction.  A tribunal of this state exercising personal jurisdiction
    47  over a nonresident in a proceeding under this article, under  other  law
    48  of  this  state  relating  to  a support order, or recognizing a foreign
    49  support order may receive evidence from outside this state  pursuant  to
    50  section  580-316  of  this  article, communicate with a tribunal outside
    51  this state pursuant to  section  580-317  of  this  article  and  obtain
    52  discovery  through  a  tribunal  outside  this state pursuant to section
    53  580-318 of this article. In all other respects, parts three through  six
    54  of  this  article  do not apply, and the tribunal shall apply the proce-
    55  dural and substantive law of this state.
        S. 5685--B                          9
 
     1    § 580-211. Continuing exclusive jurisdiction to modify spousal-support
     2  order.  (a) A tribunal of this state  issuing  a  spousal-support  order
     3  consistent  with  the law of this state has continuing, exclusive juris-
     4  diction to modify the spousal-support order throughout the existence  of
     5  the support obligation.
     6    (b)  A  tribunal  of this state may not modify a spousal-support order
     7  issued by a tribunal of  another  state  or  a  foreign  country  having
     8  continuing, exclusive jurisdiction over that order under the law of that
     9  state or foreign country.
    10    (c)  A tribunal of this state that has continuing, exclusive jurisdic-
    11  tion over a spousal-support order may serve as:
    12    (1) an initiating tribunal to request a tribunal of another  state  to
    13  enforce the spousal-support order issued in this state; or
    14    (2) a responding tribunal to enforce or modify its own spousal-support
    15  order.
    16                                   PART 3
    17                   CIVIL PROVISIONS OF GENERAL APPLICATION
    18  Section 580-301. Proceedings under article.
    19          580-302. Action by minor parent.
    20          580-303. Application of law of state.
    21          580-304. Duties of initiating tribunal.
    22          580-305. Duties and powers of responding tribunal.
    23          580-306. Inappropriate tribunal.
    24          580-307. Duties of support enforcement agency.
    25          580-308. Duty of certain state officials.
    26          580-309. Private counsel.
    27          580-310. Duties of state information agency.
    28          580-311. Pleadings and accompanying documents.
    29          580-312. Nondisclosure  of  information  in  exceptional circum-
    30                     stances.
    31          580-313. Costs and fees.
    32          580-314. Limited immunity of petitioner.
    33          580-315. Nonparentage as a defense.
    34          580-316. Special rules of evidence and procedure.
    35          580-317. Communications between tribunals.
    36          580-318. Assistance with discovery.
    37          580-319. Receipt and disbursement of payments.
    38    § 580-301. Proceedings under article. (a) Except as otherwise provided
    39  in this article, this part applies to all proceedings under  this  arti-
    40  cle.
    41    (b)  An  individual  petitioner  or  a  support enforcement agency may
    42  initiate a proceeding authorized under this article by filing a petition
    43  in an initiating tribunal for forwarding to a responding tribunal or  by
    44  filing  a  petition  or  a comparable pleading directly in a tribunal of
    45  another state or a foreign country which  has  or  can  obtain  personal
    46  jurisdiction over the respondent.
    47    § 580-302. Proceeding by a minor parent.  A minor parent, or a guardi-
    48  an  or  other  legal  representative  of  a minor parent, may maintain a
    49  proceeding on behalf of or for the benefit of the minor's child.
    50    § 580-303. Application of law of state.  Except as otherwise  provided
    51  in this article, a responding tribunal of this state shall:
    52    1.  apply  the  procedural and substantive law generally applicable to
    53  similar proceedings originating in  this  state  and  may  exercise  all
    54  powers and provide all remedies available in those proceedings; and
    55    2.  determine the duty of support and the amount payable in accordance
    56  with the law and support guidelines of this state.
        S. 5685--B                         10
 
     1    § 580-304. Duties of initiating tribunal.  (a) Upon the  filing  of  a
     2  petition  authorized  by  this  article,  an initiating tribunal of this
     3  state shall forward the petition and its accompanying documents:
     4    (1)  to  the  responding  tribunal  or appropriate support enforcement
     5  agency in the responding state; or
     6    (2) if the identity of the responding  tribunal  is  unknown,  to  the
     7  state  information  agency  of  the responding state with a request that
     8  they be forwarded to  the  appropriate  tribunal  and  that  receipt  be
     9  acknowledged.
    10    (b)  If requested by the responding tribunal, a tribunal of this state
    11  shall issue a certificate or other document and make  findings  required
    12  by  the  law of the responding state. If the responding tribunal is in a
    13  foreign country, upon request the tribunal of this state  shall  specify
    14  the  amount  of  support sought, convert that amount into the equivalent
    15  amount in the foreign  currency  under  applicable  official  or  market
    16  exchange  rate  as  publicly  reported,  and provide any other documents
    17  necessary to satisfy the requirements of the responding  foreign  tribu-
    18  nal.
    19    §  580-305.  Duties  and  powers  of responding tribunal.   (a) When a
    20  responding tribunal of this state  receives  a  petition  or  comparable
    21  pleading from an initiating tribunal or directly pursuant to subdivision
    22  (b)  of  section  580-301  of  this part, it shall cause the petition or
    23  pleading to be filed and notify the petitioner where  and  when  it  was
    24  filed.
    25    (b)  A responding tribunal of this state, to the extent not prohibited
    26  by other law, may do one or more of the following:
    27    (1) establish or enforce a  support  order,  modify  a  child  support
    28  order,  determine  the  controlling  child  support  order  or determine
    29  parentage of a child;
    30    (2) order an obligor to comply with a support  order,  specifying  the
    31  amount and the manner of compliance;
    32    (3) order income withholding;
    33    (4)  determine  the  amount of any arrearages, and specify a method of
    34  payment;
    35    (5) enforce orders by civil or criminal contempt, or both;
    36    (6) set aside property for satisfaction of the support order;
    37    (7) place liens and order execution on the obligor's property;
    38    (8) order an obligor to keep the tribunal informed  of  the  obligor's
    39  current  residential address, electronic-mail address, telephone number,
    40  employer, address of employment and telephone number  at  the  place  of
    41  employment;
    42    (9)  issue a warrant for an obligor who has failed after proper notice
    43  to appear at a hearing ordered by the tribunal and enter the warrant  in
    44  any local and state computer systems for criminal warrants;
    45    (10)  order  the  obligor  to seek appropriate employment by specified
    46  methods;
    47    (11) award reasonable attorney's fees and other fees and costs; and
    48    (12) grant any other available remedy.
    49    (c) A responding tribunal of this state shall  include  in  a  support
    50  order  issued  under  this article, or in the documents accompanying the
    51  order, the calculations on which the support order is based.
    52    (d) A responding tribunal of this state may not condition the  payment
    53  of  a support order issued under this article upon compliance by a party
    54  with provisions for visitation.
        S. 5685--B                         11
 
     1    (e) If a responding tribunal of this state issues an order under  this
     2  article,  the  tribunal shall send a copy of the order to the petitioner
     3  and the respondent and to the initiating tribunal, if any.
     4    (f)  If  requested to enforce a support order, arrears, or judgment or
     5  modify a support order stated in a foreign currency, a responding tribu-
     6  nal of this state shall convert the amount stated in the foreign curren-
     7  cy to the equivalent amount in dollars under the applicable official  or
     8  market exchange rate as publicly reported.
     9    § 580-306. Inappropriate tribunal.  If a petition or comparable plead-
    10  ing is received by an inappropriate tribunal of this state, the tribunal
    11  shall  forward the pleading and accompanying documents to an appropriate
    12  tribunal of this state or another state and notify the petitioner  where
    13  and when the pleading was sent.
    14    §  580-307.  Duties  of  support  enforcement  agency.   (a) A support
    15  enforcement agency of this state, upon request, shall  provide  services
    16  to a petitioner in a proceeding under this article.
    17    (b)  A  support  enforcement  agency  of  this state that is providing
    18  services to the petitioner shall:
    19    (1) take all steps necessary to enable an appropriate tribunal of this
    20  state, another state or a foreign country to  obtain  jurisdiction  over
    21  the respondent;
    22    (2)  request an appropriate tribunal to set a date, time and place for
    23  a hearing;
    24    (3) make a reasonable  effort  to  obtain  all  relevant  information,
    25  including information as to income and property of the parties;
    26    (4)  within  ten days, exclusive of Saturdays, Sundays and legal holi-
    27  days, after receipt of notice in a record from an initiating, responding
    28  or registering tribunal, send a copy of the notice to the petitioner;
    29    (5) within ten days, exclusive of Saturdays, Sundays and  legal  holi-
    30  days,  after receipt of communication in a record from the respondent or
    31  the respondent's attorney, send a copy of the communication to the peti-
    32  tioner; and
    33    (6) notify the petitioner if jurisdiction over the  respondent  cannot
    34  be obtained.
    35    (c) A support enforcement agency of this state that requests registra-
    36  tion  of  a  child  support  order  in this state for enforcement or for
    37  modification shall make reasonable efforts:
    38    (1) to ensure that the order  to  be  registered  is  the  controlling
    39  order; or
    40    (2)  if two or more child support orders exist and the identity of the
    41  controlling order has not been determined, to ensure that a request  for
    42  such a determination is made in a tribunal having jurisdiction to do so.
    43    (d) A support enforcement agency of this state that requests registra-
    44  tion and enforcement of a support order, arrears or judgment stated in a
    45  foreign currency shall convert the amounts stated in the foreign curren-
    46  cy  into the equivalent amounts in dollars under the applicable official
    47  or market exchange rate as publicly reported.
    48    (e) A support enforcement agency of this state shall issue or  request
    49  a  tribunal  of  this state to issue a child support order and an income
    50  withholding order that redirect payment of current support, arrears, and
    51  interest if requested to do so by a support enforcement agency of anoth-
    52  er state pursuant to section 580-319 of this part.
    53    (f) This article does not create or negate a relationship of  attorney
    54  and client or other fiduciary relationship between a support enforcement
    55  agency  or the attorney for the agency and the individual being assisted
    56  by the agency.
        S. 5685--B                         12
 
     1    § 580-308. Duty of certain state  officials.    (a)  If  the  attorney
     2  general  determines that the support enforcement agency is neglecting or
     3  refusing to provide services to an individual, the attorney general  may
     4  order the agency to perform its duties under this article or may provide
     5  those services directly to the individual.
     6    (b) The commissioner of temporary and disability assistance may deter-
     7  mine that a foreign country has established a reciprocal arrangement for
     8  child  support with this state and take appropriate action for notifica-
     9  tion of the determination.
    10    § 580-309. Private counsel.  An individual may employ private  counsel
    11  to represent the individual in proceedings authorized by this article.
    12    §  580-310.  Duties  of  state information agency.   (a) The office of
    13  temporary and disability assistance  is  the  state  information  agency
    14  under this article.
    15    (b) The state information agency shall:
    16    (1)  compile  and maintain a current list, including addresses, of the
    17  tribunals in this state which have jurisdiction under this  article  and
    18  any  support  enforcement  agencies in this state and transmit a copy to
    19  the state information agency of every other state;
    20    (2) maintain a register  of  names  and  addresses  of  tribunals  and
    21  support enforcement agencies received from other states;
    22    (3) forward to the appropriate tribunal in the county in this state in
    23  which  the  obligee  who  is an individual or the obligor resides, or in
    24  which the obligor's property is believed to be  located,  all  documents
    25  concerning  a  proceeding under this article received from another state
    26  or a foreign country; and
    27    (4) obtain information concerning the location of the obligor and  the
    28  obligor's  property within this state not exempt from execution, by such
    29  means as postal verification and  federal  or  state  locator  services,
    30  examination of telephone directories, requests for the obligor's address
    31  from  employers  and  examination of governmental records, including, to
    32  the extent not prohibited by other law, those relating to real property,
    33  vital statistics, law enforcement, taxation,  motor  vehicles,  driver's
    34  licenses and social security.
    35    §  580-311. Pleadings and accompanying documents.  (a) In a proceeding
    36  under this article, a petitioner seeking to establish a  support  order,
    37  to  determine  parentage  of a child or to register and modify a support
    38  order of a tribunal of another state or a foreign country  must  file  a
    39  petition.  Unless  otherwise ordered under section 580-312 of this part,
    40  the petition or accompanying documents must provide, so  far  as  known,
    41  the name, residential address and social security numbers of the obligor
    42  and  the  obligee  or  the parent and alleged parent, and the name, sex,
    43  residential address, social security number and date of  birth  of  each
    44  child  for  whose  benefit support is sought or whose parentage is to be
    45  determined. Unless filed at the time of registration, the petition  must
    46  be  accompanied by a copy of any support order known to have been issued
    47  by another tribunal. The petition may include any other information that
    48  may assist in locating or identifying the respondent.
    49    (b) The petition must specify the  relief  sought.  The  petition  and
    50  accompanying  documents must conform substantially with the requirements
    51  imposed by the forms mandated by federal law for use in cases filed by a
    52  support enforcement agency.
    53    § 580-312. Nondisclosure of information in exceptional  circumstances.
    54  If  a  party  alleges  in an affidavit or a pleading under oath that the
    55  health, safety or liberty of a party or child would  be  jeopardized  by
    56  disclosure of specific identifying information, that information must be
        S. 5685--B                         13
 
     1  sealed  and may not be disclosed to the other party or the public. After
     2  a hearing in which a tribunal takes into consideration the health, safe-
     3  ty or liberty of the party or child, the tribunal may  order  disclosure
     4  of  information  that  the  tribunal determines to be in the interest of
     5  justice.
     6    § 580-313. Costs and fees.  (a) The petitioner may not be required  to
     7  pay a filing fee or other costs.
     8    (b)  If  an  obligee prevails, a responding tribunal of this state may
     9  assess against an obligor filing fees, reasonable attorney's fees, other
    10  costs, and necessary travel and other reasonable  expenses  incurred  by
    11  the  obligee  and  the  obligee's witnesses. The tribunal may not assess
    12  fees, costs or expenses against the obligee or the  support  enforcement
    13  agency  of either the initiating or responding state or foreign country,
    14  except as provided by other law. Attorney's fees may be taxed as  costs,
    15  and  may  be  ordered paid directly to the attorney, who may enforce the
    16  order in the attorney's own name. Payment of support owed to the obligee
    17  has priority over fees, costs, and expenses.
    18    (c) The tribunal shall order  the  payment  of  costs  and  reasonable
    19  attorney's  fees if it determines that a hearing was requested primarily
    20  for delay. In a proceeding under part six of this article, a hearing  is
    21  presumed  to  have  been  requested  primarily for delay if a registered
    22  support order is confirmed or enforced without change.
    23    § 580-314. Limited immunity of petitioner.   (a)  Participation  by  a
    24  petitioner in a proceeding under this article before a responding tribu-
    25  nal, whether in person, by private attorney or through services provided
    26  by the support enforcement agency, does not confer personal jurisdiction
    27  over the petitioner in another proceeding.
    28    (b)  A  petitioner  is  not amenable to service of civil process while
    29  physically present in this state to participate in  a  proceeding  under
    30  this article.
    31    (c)  The  immunity  granted  by  this section does not extend to civil
    32  litigation based on acts unrelated to a proceeding  under  this  article
    33  committed  by  a party while physically present in this state to partic-
    34  ipate in the proceeding.
    35    § 580-315. Nonparentage as defense.   A party  whose  parentage  of  a
    36  child has been previously determined by or pursuant to law may not plead
    37  nonparentage as a defense to a proceeding under this article.
    38    §  580-316. Special rules of evidence and procedure.  (a) The physical
    39  presence of a nonresident party who is an individual in  a  tribunal  of
    40  this state is not required for the establishment, enforcement or modifi-
    41  cation  of  a  support order, or the rendition of a judgment determining
    42  parentage of a child.
    43    (b) An affidavit, a document substantially  complying  with  federally
    44  mandated  forms  or a document incorporated by reference in any of them,
    45  which would not be excluded under the hearsay rule if given  in  person,
    46  is  admissible  in evidence if given under penalty of perjury by a party
    47  or witness residing outside this state.
    48    (c) A copy of the record of child support payments certified as a true
    49  copy of the original by the custodian of the record may be forwarded  to
    50  a responding tribunal. The copy is evidence of facts asserted in it, and
    51  is admissible to show whether payments were made.
    52    (d)  Copies  of  bills  for  testing for parentage of a child, and for
    53  prenatal and postnatal health care of the mother and child, furnished to
    54  the adverse party at least ten days  before  trial,  are  admissible  in
    55  evidence  to prove the amount of the charges billed and that the charges
    56  were reasonable, necessary and customary.
        S. 5685--B                         14
 
     1    (e) Documentary evidence transmitted from  outside  this  state  to  a
     2  tribunal  of  this  state  by  telephone, telecopier or other electronic
     3  means that do not provide an original record may not  be  excluded  from
     4  evidence on an objection based on the means of transmission.
     5    (f) In a proceeding under this article, a tribunal of this state shall
     6  permit  a  party or witness residing outside this state to be deposed or
     7  to testify under penalty of perjury by telephone, audiovisual  means  or
     8  other  electronic  means  at  a designated tribunal or other location. A
     9  tribunal of this state shall cooperate with other tribunals in designat-
    10  ing an appropriate location for the deposition or testimony.
    11    (g) If a party called to testify at a civil hearing refuses to  answer
    12  on the ground that the testimony may be self-incriminating, the trier of
    13  fact may draw an adverse inference from the refusal.
    14    (h)  A  privilege against disclosure of communications between spouses
    15  does not apply in a proceeding under this article.
    16    (i) The defense of immunity based on the relationship of  husband  and
    17  wife or parent and child does not apply in a proceeding under this arti-
    18  cle.
    19    (j) A voluntary acknowledgment of paternity, certified as a true copy,
    20  is admissible to establish parentage of the child.
    21    §  580-317. Communications between tribunals. A tribunal of this state
    22  may communicate with a tribunal outside this state in  a  record  or  by
    23  telephone,  electronic  mail  or  other  means,  to  obtain  information
    24  concerning the laws, the legal effect of a judgment, decree or order  of
    25  that  tribunal, and the status of a proceeding. A tribunal of this state
    26  may furnish similar information by similar means to a  tribunal  outside
    27  this state.
    28    § 580-318. Assistance with discovery. A tribunal of this state may:
    29    1.  request  a  tribunal  outside  this  state  to assist in obtaining
    30  discovery; and
    31    2. upon request, compel a person over which  it  has  jurisdiction  to
    32  respond to a discovery order issued by a tribunal outside this state.
    33    §  580-319.  Receipt  and  disbursement  of  payments.   (a) A support
    34  enforcement agency or tribunal of this state shall disburse promptly any
    35  amounts received pursuant to a support order, as directed by the  order.
    36  The  agency  or tribunal shall furnish to a requesting party or tribunal
    37  of another state or a foreign  country  a  certified  statement  by  the
    38  custodian  of  the  record  of  the  amounts  and  dates of all payments
    39  received.
    40    (b) If neither the obligor, nor the obligee who is an individual,  nor
    41  the child resides in this state, upon request from a support enforcement
    42  agency of this state or another state, a support enforcement agency or a
    43  tribunal of this state shall:
    44    (1) direct that the support payment be made to the support enforcement
    45  agency in the state in which the obligee is receiving services; and
    46    (2) issue and send to the obligor's employer a conforming income with-
    47  holding order or an administrative notice of change of payee, reflecting
    48  the redirected payments.
    49    (c)  A  support  enforcement agency of this state receiving redirected
    50  payments from another state pursuant to a law similar to subdivision (b)
    51  of this section shall furnish to a requesting party or tribunal  of  the
    52  other  state a certified statement by the custodian of the record of the
    53  amount and dates of all payments received.
    54                                   PART 4
    55                      ESTABLISHMENT OF SUPPORT ORDER OR
    56                         DETERMINATION OF PARENTAGE
        S. 5685--B                         15
 
     1  Section 580-401. Establishment of support order.
     2          580-402. Proceeding to determine parentage.
     3    §  580-401. Establishment  of  support order.   (a) If a support order
     4  entitled to recognition under  this  article  has  not  been  issued,  a
     5  responding  tribunal  of  this state with personal jurisdiction over the
     6  parties may issue a support order if:
     7    (1) the individual seeking the order resides outside this state; or
     8    (2) the support  enforcement  agency  seeking  the  order  is  located
     9  outside this state.
    10    (b)  The  tribunal  may  issue  a temporary child support order if the
    11  tribunal determines that such an order is appropriate and the individual
    12  ordered to pay is:
    13    (1) a presumed father of the child;
    14    (2) petitioning to have his paternity adjudicated;
    15    (3) identified as the father of the child through genetic testing;
    16    (4) an alleged father who has declined to submit to genetic testing;
    17    (5) shown by clear and convincing evidence to be  the  father  of  the
    18  child;
    19    (6) an acknowledged father as provided by applicable state law;
    20    (7) the mother of the child; or
    21    (8)  an  individual  who  has  been  ordered to pay child support in a
    22  previous proceeding and the order has not been reversed or vacated.
    23    (c) Upon finding, after notice and opportunity to be  heard,  that  an
    24  obligor owes a duty of support, the tribunal shall issue a support order
    25  directed  to  the obligor and may issue other orders pursuant to section
    26  580-305 of this article.
    27    § 580-402. Proceeding to determine parentage.    A  tribunal  of  this
    28  state  authorized  to  determine  parentage  of  a  child may serve as a
    29  responding tribunal in a proceeding to determine parentage  of  a  child
    30  brought  under  this article or a law or procedure substantially similar
    31  to this article.
    32                                   PART 5
    33              ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION
    34  Section 580-501. Employer's  receipt  of  income  withholding  order  of
    35                     another state.
    36          580-502. Employer's  compliance with income withholding order of
    37                     another state.
    38          580-503. Compliance with multiple income withholding orders.
    39          580-504. Immunity from civil liability.
    40          580-505. Penalties for noncompliance.
    41          580-506. Contest by obligor.
    42          580-507. Administrative enforcement of orders.
    43    § 580-501. Employer's receipt of income withholding order  of  another
    44  state.   An income withholding order issued in another state may be sent
    45  by or on behalf of the obligee, or by the support enforcement agency, to
    46  the person defined as the  obligor's  employer  or  income  payor  under
    47  section  five  thousand  two hundred forty-one of the civil practice law
    48  and rules or other debtor (for purposes of this part and section 580-605
    49  of this article, employer shall  also  include  income  payor  or  other
    50  debtor) without first filing a petition or comparable pleading or regis-
    51  tering the order with a tribunal of this state.
    52    §  580-502.  Employer's  compliance  with  income withholding order of
    53  another state.  (a) Upon receipt of an  income  withholding  order,  the
    54  obligor's  employer shall immediately provide a copy of the order to the
    55  obligor.
        S. 5685--B                         16
 
     1    (b) The employer shall treat an income  withholding  order  issued  in
     2  another state which appears regular on its face as if it had been issued
     3  by a tribunal of this state.
     4    (c)  Except  as  otherwise provided in subdivision (d) of this section
     5  and section 580-503 of  this  part,  the  employer  shall  withhold  and
     6  distribute  the  funds as directed in the withholding order by complying
     7  with terms of the order which specify:
     8    (1) the duration and amount of  periodic  payments  of  current  child
     9  support, stated as a sum certain;
    10    (2) the person designated to receive payments and the address to which
    11  the payments are to be forwarded;
    12    (3)  medical  support,  whether  in the form of periodic cash payment,
    13  stated as a sum certain, or  ordering  the  obligor  to  provide  health
    14  insurance  coverage  for  the child under a policy available through the
    15  obligor's employment;
    16    (4) the amount of periodic payments of fees and costs  for  a  support
    17  enforcement  agency,  the  issuing  tribunal and the obligee's attorney,
    18  stated as sums certain; and
    19    (5) the amount of periodic payments  of  arrearages  and  interest  on
    20  arrearages, stated as sums certain.
    21    (d)  An  employer  shall  comply  with  the  law  of  the state of the
    22  obligor's principal place of employment for withholding from income with
    23  respect to:
    24    (1) the employer's fee for processing an income withholding order;
    25    (2) the maximum amount permitted to be  withheld  from  the  obligor's
    26  income; and
    27    (3) the times within which the employer must implement the withholding
    28  order and forward the child support payment.
    29    §  580-503. Compliance with multiple income withholding orders.  If an
    30  obligor's employer receives two or more income withholding  orders  with
    31  respect  to the earnings of the same obligor, the employer satisfies the
    32  terms of the orders if the employer complies with the law of  the  state
    33  of  the obligor's principal place of employment to establish the priori-
    34  ties for withholding and allocating income  withheld  for  two  or  more
    35  child support obligees.
    36    §  580-504.  Immunity from civil liability.  An employer that complies
    37  with an income withholding order issued in another state  in  accordance
    38  with  this  part  is  not subject to civil liability to an individual or
    39  agency with regard to the employer's withholding of child  support  from
    40  the obligor's income.
    41    §  580-505.  Penalties for noncompliance.   An employer that willfully
    42  fails to comply with an income withholding order issued in another state
    43  and received for enforcement is subject to the same penalties  that  may
    44  be  imposed for noncompliance with an order issued by a tribunal of this
    45  state.
    46    § 580-506. Contest by obligor.  (a) An obligor may contest the validi-
    47  ty or enforcement of an income withholding order issued in another state
    48  and received directly by an employer in this state  by  registering  the
    49  order  in a tribunal of this state and filing a contest to that order as
    50  provided in part six of this article, or otherwise contesting the  order
    51  in the same manner as if the order had been issued by a tribunal of this
    52  state.
    53    (b) The obligor shall give notice of the contest to:
    54    (1) a support enforcement agency providing services to the obligee;
    55    (2)  each  employer  that  has directly received an income withholding
    56  order relating to the obligor; and
        S. 5685--B                         17
 
     1    (3) the person designated to receive payments in the income  withhold-
     2  ing order or, if no person is designated, to the obligee.
     3    §  580-507.  Administrative  enforcement  of  orders.   (a) A party or
     4  support enforcement agency seeking to enforce  a  support  order  or  an
     5  income  withholding order, or both, issued in another state or a foreign
     6  support order may send the documents required for registering the  order
     7  to a support enforcement agency of this state.
     8    (b)  Upon  receipt  of  the documents, the support enforcement agency,
     9  without initially seeking to register the order, shall consider and,  if
    10  appropriate,  use  any administrative procedure authorized by the law of
    11  this state to enforce a support order or an income withholding order, or
    12  both. If the obligor does not contest  administrative  enforcement,  the
    13  order  need  not  be registered. If the obligor contests the validity or
    14  administrative enforcement of the order, the support enforcement  agency
    15  shall register the order pursuant to this article.
    16                                   PART 6
    17         REGISTRATION, ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
    18  Subpart A. Registration and enforcement of support order.
    19          B. Contest of validity or enforcement.
    20          C. Registration  and  modification  of  child  support  order of
    21               another state.
    22          D. Registration and modification of foreign child support order.
    23                                  SUBPART A
    24                REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
    25  Section 580-601. Registration of order for enforcement.
    26          580-602. Procedure to register order for enforcement.
    27          580-603. Effect of registration for enforcement.
    28          580-604. Choice of law.
    29    § 580-601. Registration of order for enforcement. A support  order  or
    30  income  withholding  order  issued in another state or a foreign support
    31  order may be registered in this state for enforcement.
    32    § 580-602. Procedure to register order for enforcement.  (a) Except as
    33  otherwise provided in section 580-706 of this article, a  support  order
    34  or  income withholding order of another state or a foreign support order
    35  may be registered in this state by sending the following records to  the
    36  appropriate tribunal in this state:
    37    (1)  a  letter  of transmittal to the tribunal requesting registration
    38  and enforcement;
    39    (2) two copies, including one certified  copy,  of  the  order  to  be
    40  registered, including any modification of the order;
    41    (3)  a  sworn  statement  by  the  person requesting registration or a
    42  certified statement by the custodian of the records showing  the  amount
    43  of any arrearage;
    44    (4) the name of the obligor and, if known:
    45    (i) the obligor's address and social security number;
    46    (ii)  the  name  and  address  of the obligor's employer and any other
    47  source of income of the obligor; and
    48    (iii) a description and the location of property  of  the  obligor  in
    49  this state not exempt from execution; and
    50    (5)  except  as otherwise provided in section 580-312 of this article,
    51  the name and address of the obligee and, if applicable,  the  person  to
    52  whom support payments are to be remitted.
    53    (b) On receipt of a request for registration, the registering tribunal
    54  shall  cause  the order to be filed as an order of a tribunal of another
    55  state or a foreign support order, together with one copy  of  the  docu-
    56  ments and information, regardless of their form.
        S. 5685--B                         18
 
     1    (c)  A  petition  or comparable pleading seeking a remedy that must be
     2  affirmatively sought under other law of this state may be filed  at  the
     3  same  time  as the request for registration or later.  The pleading must
     4  specify the grounds for the remedy sought.
     5    (d)  If two or more orders are in effect, the person requesting regis-
     6  tration shall:
     7    (1) furnish to the tribunal a copy of every support order asserted  to
     8  be in effect in addition to the documents specified in this section;
     9    (2) specify the order alleged to be the controlling order, if any; and
    10    (3) specify the amount of consolidated arrears, if any.
    11    (e)  A  request  for a determination of which is the controlling order
    12  may be filed separately or with a request for registration and  enforce-
    13  ment  or for registration and modification. The person requesting regis-
    14  tration shall give notice of the request to each party whose rights  may
    15  be affected by the determination.
    16    §  580-603.  Effect  of  registration for enforcement.   (a) A support
    17  order or income withholding order issued in another state or  a  foreign
    18  support  order  is registered when the order is filed in the registering
    19  tribunal of this state.
    20    (b) A registered support order issued in another state  or  a  foreign
    21  country  is  enforceable  in  the same manner and is subject to the same
    22  procedures as an order issued by a tribunal of this state.
    23    (c) Except as otherwise provided in this article, a tribunal  of  this
    24  state  shall  recognize  and  enforce,  but may not modify, a registered
    25  support order if the issuing tribunal had jurisdiction.
    26    § 580-604. Choice of law.  (a) Except as otherwise provided in  subdi-
    27  vision  (d)  of  this  section,  the law of the issuing state or foreign
    28  country governs:
    29    (1) the nature, extent, amount and duration of current payments  under
    30  a registered support order;
    31    (2)  the computation and payment of arrearages and accrual of interest
    32  on the arrearages under the support order; and
    33    (3) the existence and satisfaction  of  other  obligations  under  the
    34  support order.
    35    (b)  In a proceeding for arrears under a registered support order, the
    36  statute of limitation of this state or of the issuing state  or  foreign
    37  country, whichever is longer, applies.
    38    (c) A responding tribunal of this state shall apply the procedures and
    39  remedies  of  this  state to enforce current support and collect arrears
    40  and interest due on a support order of another state or a foreign  coun-
    41  try registered in this state.
    42    (d)  After  a tribunal of this state or another state determines which
    43  is the controlling order and issues an order consolidating  arrears,  if
    44  any,  a  tribunal of this state shall prospectively apply the law of the
    45  state or foreign country issuing the controlling  order,  including  its
    46  law  on  interest  on  arrears,  on  current  and future support, and on
    47  consolidated arrears.
    48                                  SUBPART B
    49                     CONTEST OF VALIDITY OR ENFORCEMENT
    50  Section 580-605. Notice of registration of order.
    51          580-606. Procedure to contest validity or enforcement of  regis-
    52              tered support order.
    53          580-607. Contest of registration or enforcement.
    54          580-608. Confirmed order.
    55    §  580-605. Notice of registration of order.  (a) When a support order
    56  or income withholding order issued in another state or a foreign support
        S. 5685--B                         19
 
     1  order is registered, the registering tribunal of this state shall notify
     2  the nonregistering party. The notice must be accompanied by  a  copy  of
     3  the registered order and the documents and relevant information accompa-
     4  nying the order.
     5    (b) A notice must inform the nonregistering party:
     6    (1)  that  a registered support order is enforceable as of the date of
     7  registration in the same manner as an order issued by a tribunal of this
     8  state;
     9    (2) that a hearing to contest  the  validity  or  enforcement  of  the
    10  registered  order  must  be  requested  within  twenty days after notice
    11  unless the registered order is under section 580-707 of this article;
    12    (3) that failure to contest the validity or enforcement of the  regis-
    13  tered  order in a timely manner will result in confirmation of the order
    14  and enforcement of the order and the alleged arrearages; and
    15    (4) of the amount of any alleged arrearages.
    16    (c) If the registering party asserts that two or more  orders  are  in
    17  effect, a notice must also:
    18    (1)  identify  the  two  or  more  orders and the order alleged by the
    19  registering party to be  the  controlling  order  and  the  consolidated
    20  arrears, if any;
    21    (2) notify the nonregistering party of the right to a determination of
    22  which is the controlling order;
    23    (3)  state  that  the  procedures  provided in subdivision (b) of this
    24  section apply to the determination of which is  the  controlling  order;
    25  and
    26    (4)  state  that failure to contest the validity or enforcement of the
    27  order alleged to be the controlling order in a timely manner may  result
    28  in confirmation that the order is the controlling order.
    29    (d)  Upon registration of an income withholding order for enforcement,
    30  the support enforcement agency or the registering tribunal shall  notify
    31  the  obligor's  employer  pursuant  to section five thousand two hundred
    32  forty-one or five thousand two hundred forty-two of the  civil  practice
    33  law and rules.
    34    §  580-606. Procedure to contest validity or enforcement of registered
    35  support order.  (a) A nonregistering party seeking to contest the valid-
    36  ity or enforcement of a registered support order  in  this  state  shall
    37  request  a  hearing  within the time required by section 580-605 of this
    38  subpart. The nonregistering party may seek to vacate  the  registration,
    39  to  assert any defense to an allegation of noncompliance with the regis-
    40  tered order, or to contest the remedies being sought or  the  amount  of
    41  any alleged arrearages pursuant to section 580-607 of this subpart.
    42    (b)  If  the  nonregistering  party  fails  to contest the validity or
    43  enforcement of the registered support order  in  a  timely  manner,  the
    44  order is confirmed by operation of law.
    45    (c) If a nonregistering party requests a hearing to contest the valid-
    46  ity  or  enforcement  of  the  registered support order, the registering
    47  tribunal shall schedule the matter for hearing and give  notice  to  the
    48  parties of the date, time, and place of the hearing.
    49    §  580-607.  Contest  of  registration  or  enforcement.   (a) A party
    50  contesting the validity or enforcement of a registered support order  or
    51  seeking to vacate the registration has the burden of proving one or more
    52  of the following defenses:
    53    (1)  the  issuing  tribunal  lacked  personal  jurisdiction  over  the
    54  contesting party;
    55    (2) the order was obtained by fraud;
        S. 5685--B                         20
 
     1    (3) the order has been vacated, suspended,  or  modified  by  a  later
     2  order;
     3    (4) the issuing tribunal has stayed the order pending appeal;
     4    (5)  there  is  a  defense  under  the law of this state to the remedy
     5  sought;
     6    (6) full or partial payment has been made;
     7    (7) the statute of limitation  under  section  580-604  of  this  part
     8  precludes enforcement of some or all of the alleged arrearages; or
     9    (8) the alleged controlling order is not the controlling order.
    10    (b)  If  a  party  presents  evidence  establishing  a full or partial
    11  defense under subdivision (a) of  this  section,  a  tribunal  may  stay
    12  enforcement  of  a  registered support order, continue the proceeding to
    13  permit production of  additional  relevant  evidence,  and  issue  other
    14  appropriate  orders.  An  uncontested  portion of the registered support
    15  order may be enforced by all remedies available under the  law  of  this
    16  state.
    17    (c)  If the contesting party does not establish a defense under subdi-
    18  vision (a) of this section to the validity or enforcement  of  a  regis-
    19  tered  support  order,  the  registering  tribunal  shall issue an order
    20  confirming the order.
    21    § 580-608. Confirmed order.   Confirmation  of  a  registered  support
    22  order,  whether  by  operation  of  law  or  after  notice  and hearing,
    23  precludes further contest of the order with respect to any  matter  that
    24  could have been asserted at the time of registration.
    25                                  SUBPART C
    26            REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER
    27                              OF ANOTHER STATE
    28  Section 580-609. Procedure  to  register  child support order of another
    29                     state for modification.
    30          580-610. Effect of registration for modification.
    31          580-611. Modification of child support order of another state.
    32          580-612. Recognition of order modified in another state.
    33          580-613. Jurisdiction to modify child support order  of  another
    34                     state when individual parties reside in this state.
    35          580-614. Notice to issuing tribunal of modification.
    36    §  580-609. Procedure to register child support order of another state
    37  for modification. A party or support enforcement agency seeking to modi-
    38  fy, or to modify and enforce a child support  order  issued  in  another
    39  state  shall  register  that  order  in  this  state  in the same manner
    40  provided in sections 580-601 through 580-608 of this part if  the  order
    41  has not been registered. A petition for modification may be filed at the
    42  same  time  as  a  request for registration, or later. The pleading must
    43  specify the grounds for modification.
    44    § 580-610. Effect of registration for modification.    A  tribunal  of
    45  this state may enforce a child support order of another state registered
    46  for  purposes  of  modification,  in the same manner as if the order had
    47  been issued by a tribunal of this  state,  but  the  registered  support
    48  order  may  be  modified  only if the requirements of section 580-611 or
    49  580-613 of this subpart have been met.
    50    § 580-611. Modification of child support order of another state.   (a)
    51  If  section  580-613  of  this  subpart  does not apply, upon petition a
    52  tribunal of this state may modify a child support order issued in anoth-
    53  er state which is registered in this state if, after notice and hearing,
    54  the tribunal finds that:
    55    (1) the following requirements are met:
        S. 5685--B                         21
 
     1    (i) neither the child, nor the obligee who is an individual,  nor  the
     2  obligor resides in the issuing state;
     3    (ii)  a  petitioner who is a nonresident of this state seeks modifica-
     4  tion; and
     5    (iii) the respondent is subject to the personal  jurisdiction  of  the
     6  tribunal of this state; or
     7    (2)  this  state  is  the residence of the child, or a party who is an
     8  individual is subject to the personal jurisdiction of  the  tribunal  of
     9  this  state,  and  all  of  the  parties  who are individuals have filed
    10  consents in a record in the issuing tribunal  for  a  tribunal  of  this
    11  state  to  modify  the  support  order  and assume continuing, exclusive
    12  jurisdiction.
    13    (b) Modification of a registered child support order is subject to the
    14  same requirements, procedures, and defenses that apply to the  modifica-
    15  tion of an order issued by a tribunal of this state and the order may be
    16  enforced and satisfied in the same manner.
    17    (c)  A  tribunal  of  this  state may not modify any aspect of a child
    18  support order that may not be modified under  the  law  of  the  issuing
    19  state,  including  the  duration of the obligation of support. If two or
    20  more tribunals have issued child support orders for the same obligor and
    21  same child, the order that controls and  must  be  so  recognized  under
    22  section  580-207  of this article establishes the aspects of the support
    23  order which are nonmodifiable.
    24    (d) In a proceeding to modify a child support order, the  law  of  the
    25  state  that  is  determined to have issued the initial controlling order
    26  governs the  duration  of  the  obligation  of  support.  The  obligor's
    27  fulfillment  of  the duty of support established by that order precludes
    28  imposition of a further obligation of support  by  a  tribunal  of  this
    29  state.
    30    (e)  On the issuance of an order by a tribunal of this state modifying
    31  a child support order issued in another  state,  the  tribunal  of  this
    32  state becomes the tribunal having continuing, exclusive jurisdiction.
    33    (f)  Notwithstanding  subdivisions (a) through (e) of this section and
    34  subdivision (b) of section 580-201 of this article, a tribunal  of  this
    35  state  retains  jurisdiction  to modify an order issued by a tribunal of
    36  this state if:
    37    (1) one party resides in another state; and
    38    (2) the other party resides outside the United States.
    39    § 580-612. Recognition of order modified in another state.  If a child
    40  support order issued by a tribunal of this state is modified by a tribu-
    41  nal of another state which assumed jurisdiction pursuant to the  Uniform
    42  Interstate Family Support Act, a tribunal of this state:
    43    (a)  may  enforce  its  order that was modified only as to arrears and
    44  interest accruing before the modification;
    45    (b) may provide appropriate relief for violations of its  order  which
    46  occurred before the effective date of the modification; and
    47    (c)  shall  recognize  the  modifying  order  of the other state, upon
    48  registration, for the purpose of enforcement.
    49    § 580-613. Jurisdiction to modify child support order of another state
    50  when individual parties reside in this state.  (a) If all of the parties
    51  who are individuals reside in this state and the child does  not  reside
    52  in  the  issuing  state,  a  tribunal  of this state has jurisdiction to
    53  enforce and to modify the issuing  state's  child  support  order  in  a
    54  proceeding to register that order.
    55    (b)  A  tribunal  of  this  state  exercising  jurisdiction under this
    56  section shall apply the provisions of parts one and two of this article,
        S. 5685--B                         22
 
     1  this part and the procedural and substantive law of this  state  to  the
     2  proceeding  for  enforcement  or  modification. Parts three, four, five,
     3  seven and eight of this article do not apply.
     4    §  580-614. Notice to issuing tribunal of modification.  Within thirty
     5  days after issuance of a modified child support order, the party obtain-
     6  ing the modification shall file a certified copy of the order  with  the
     7  issuing  tribunal  that  had continuing, exclusive jurisdiction over the
     8  earlier order, and in each tribunal in which the party knows the earlier
     9  order has been registered. A party who obtains the order  and  fails  to
    10  file  a certified copy is subject to appropriate sanctions by a tribunal
    11  in which the issue of failure to file arises. The failure to  file  does
    12  not  affect  the validity or enforceability of the modified order of the
    13  new tribunal having continuing, exclusive jurisdiction.
    14                                  SUBPART D
    15        REGISTRATION AND MODIFICATION OF FOREIGN CHILD SUPPORT ORDER
    16  Section 580-615. Jurisdiction to modify child support order  of  foreign
    17                     country.
    18          580-616. Procedure  to  register  child support order of foreign
    19                     country for modification.
    20    § 580-615. Jurisdiction to modify child support order of foreign coun-
    21  try.  (a) Except as otherwise provided in section 580-711 of this  arti-
    22  cle,  if  a foreign country lacks or refuses to exercise jurisdiction to
    23  modify its child support order pursuant to its laws, a tribunal of  this
    24  state may assume jurisdiction to modify the child support order and bind
    25  all  individuals  subject  to  the personal jurisdiction of the tribunal
    26  whether the consent to modification of a child support  order  otherwise
    27  required  of the individual pursuant to section 580-611 of this part has
    28  been given or whether the individual seeking modification is a  resident
    29  of this state or of the foreign country.
    30    (b)  An  order  issued by a tribunal of this state modifying a foreign
    31  child support order pursuant to this section is the controlling order.
    32    § 580-616. Procedure to register child support order of foreign  coun-
    33  try  for  modification. A party or support enforcement agency seeking to
    34  modify, or to modify and enforce, a  foreign  child  support  order  not
    35  under  the  Convention  may  register  that  order  in  this state under
    36  sections 580-601 through 580-608 of this part if the order has not  been
    37  registered. A petition for modification may be filed at the same time as
    38  a request for registration, or at another time. The petition must speci-
    39  fy the grounds for modification.
    40                                   PART 7
    41                    SUPPORT PROCEEDINGS UNDER CONVENTION
    42  Section 580-701. Definitions.
    43          580-702. Applicability.
    44          580-703. Relationship  of  office  of  temporary  and disability
    45                     assistance to United States central authority.
    46          580-704. Initiation by state  support  enforcement  agencies  of
    47                     support proceeding under Convention.
    48          580-705. Direct request.
    49          580-706. Registration of Convention support order.
    50          580-707. Contest of registered Convention support order.
    51          580-708. Recognition  and  enforcement  of registered Convention
    52                     support order.
    53          580-709. Partial enforcement.
    54          580-710. Foreign support agreement.
    55          580-711. Modification of Convention child support order.
    56          580-712. Personal information; limit on use.
        S. 5685--B                         23
 
     1          580-713. Record in original language; English translation.
     2    § 580-701. Definitions. In this part:
     3    1. "Application" means a request under the Convention by an obligee or
     4  obligor,  or  on behalf of a child, made through a central authority for
     5  assistance from another central authority.
     6    2. "Central authority" means  the  entity  designated  by  the  United
     7  States  or  a foreign country described in paragraph (iv) of subdivision
     8  five of section 580-102 of this article to perform the functions  speci-
     9  fied in the Convention.
    10    3. "Convention support order" means a support order of a tribunal of a
    11  foreign  country  described  in  paragraph  (iv)  of subdivision five of
    12  section 580-102 of this article.
    13    4. "Direct request" means a petition  filed  by  an  individual  in  a
    14  tribunal  of this state in a proceeding involving an obligee, obligor or
    15  child residing outside the United States.
    16    5. "Foreign central  authority"  means  the  entity  designated  by  a
    17  foreign  country  described  in  paragraph  (iv)  of subdivision five of
    18  section 580-102 of this article to perform the  functions  specified  in
    19  the Convention.
    20    6. "Foreign support agreement":
    21    (i) means an agreement for support in a record that:
    22    (a) is enforceable as a support order in the country of origin;
    23    (b) has been:
    24    (A)  formally  drawn  up or registered as an authentic instrument by a
    25  foreign tribunal; or
    26    (B) authenticated by, or concluded, registered or filed with a foreign
    27  tribunal; and
    28    (c) may be reviewed and modified by a foreign tribunal; and
    29    (ii) includes a maintenance arrangement or authentic instrument  under
    30  the convention.
    31    7. "United States central authority" means the secretary of the United
    32  States department of health and human services.
    33    §  580-702.  Applicability.    This  part  applies  only  to a support
    34  proceeding under the Convention. In such a proceeding, if a provision of
    35  this part is inconsistent with parts one through six  of  this  article,
    36  this part controls.
    37    §  580-703. Relationship of office of temporary and disability assist-
    38  ance to United States central authority.   The office of  temporary  and
    39  disability  assistance  is  recognized  as  the agency designated by the
    40  United States central authority to perform specific functions under  the
    41  Convention;  provided,  however, that a social services district of this
    42  state may perform any function authorized under state law.
    43    § 580-704. Initiation by state support enforcement agencies of support
    44  proceeding under Convention.   (a) In a support  proceeding  under  this
    45  part, the support enforcement agencies of this state shall:
    46    (1) transmit and receive applications; and
    47    (2)  initiate  or facilitate the institution of a proceeding regarding
    48  an application in a tribunal of this state.
    49    (b) The following support proceedings  are  available  to  an  obligee
    50  under the Convention:
    51    (1)  recognition  or  recognition and enforcement of a foreign support
    52  order;
    53    (2) enforcement of a support order issued or recognized in this state;
    54    (3) establishment of a support order if there is  no  existing  order,
    55  including, if necessary, determination of parentage of a child;
        S. 5685--B                         24
 
     1    (4)  establishment  of  a  support  order  if recognition of a foreign
     2  support order is refused under paragraph two, four or nine  of  subdivi-
     3  sion (b) of section 580-708 of this part;
     4    (5) modification of a support order of a tribunal of this state; and
     5    (6)  modification of a support order of a tribunal of another state or
     6  a foreign country.
     7    (c) The following support proceedings are available under the  Conven-
     8  tion to an obligor against which there is an existing support order:
     9    (1)  recognition  of an order suspending or limiting enforcement of an
    10  existing support order of a tribunal of this state;
    11    (2) modification of a support order of a tribunal of this state; and
    12    (3) modification of a support order of a tribunal of another state  or
    13  a foreign country.
    14    (d)  A tribunal of this state may not require security, bond or depos-
    15  it, however described, to guarantee the payment of costs and expenses in
    16  proceedings under the Convention.
    17    § 580-705. Direct request.  (a) A petitioner may file a direct request
    18  seeking establishment or modification of a  support  order  or  determi-
    19  nation of parentage of a child. In the proceeding, the law of this state
    20  applies.
    21    (b)  A  petitioner  may  file a direct request seeking recognition and
    22  enforcement of a support order or support agreement. In the  proceeding,
    23  sections 580-706 through 580-713 of this part apply.
    24    (c)  In  a direct request for recognition and enforcement of a Conven-
    25  tion support order or foreign support agreement:
    26    (1) a security, bond or deposit  is  not  required  to  guarantee  the
    27  payment of costs and expenses; and
    28    (2)  an  obligee  or obligor that in the issuing country has benefited
    29  from free legal assistance is entitled to benefit, at least to the  same
    30  extent,  from  any free legal assistance provided for by the law of this
    31  state under the same circumstances.
    32    (d) A petitioner filing a direct request is not entitled to assistance
    33  from the state child support agencies.
    34    (e) This part does not prevent the application of laws of  this  state
    35  that  provide  simplified,  more  expeditious  rules  regarding a direct
    36  request for recognition and enforcement of a foreign  support  order  or
    37  foreign support agreement.
    38    §  580-706.  Registration  of Convention support order.  (a) Except as
    39  otherwise provided in this part, a party  who  is  an  individual  or  a
    40  support  enforcement  agency seeking recognition of a Convention support
    41  order shall register the order in this state as provided in part six  of
    42  this article.
    43    (b)  Notwithstanding  section  580-311  and subdivision (a) of section
    44  580-602 of this article, a request  for  registration  of  a  Convention
    45  support order must be accompanied by:
    46    (1)  a complete text of the support order or an abstract or extract of
    47  the support order drawn up by the issuing foreign tribunal, which may be
    48  in the form recommended by the Hague Conference on Private International
    49  Law;
    50    (2) a record stating that the support  order  is  enforceable  in  the
    51  issuing country;
    52    (3)  if  the  respondent did not appear and was not represented in the
    53  proceedings in the issuing country, a record attesting, as  appropriate,
    54  either  that  the respondent had proper notice of the proceedings and an
    55  opportunity to be heard or that the respondent had proper notice of  the
        S. 5685--B                         25
 
     1  support order and an opportunity to be heard in a challenge or appeal on
     2  fact or law before a tribunal;
     3    (4)  a  record showing the amount of arrears, if any, and the date the
     4  amount was calculated;
     5    (5) a record showing a requirement for  automatic  adjustment  of  the
     6  amount  of  support,  if  any, and the information necessary to make the
     7  appropriate calculations; and
     8    (6) if necessary, a record showing the extent to which  the  applicant
     9  received free legal assistance in the issuing country.
    10    (c)  A request for registration of a Convention support order may seek
    11  recognition and partial enforcement of the order.
    12    (d) A tribunal of this state may vacate the registration of a  Conven-
    13  tion support order without the filing of a contest under section 580-707
    14  of  this part only if, acting on its own motion, the tribunal finds that
    15  recognition and enforcement of the order would be  manifestly  incompat-
    16  ible with public policy.
    17    (e) The tribunal shall promptly notify the parties of the registration
    18  or the order vacating the registration of a Convention support order.
    19    § 580-707. Contest of registered Convention support order.  (a) Except
    20  as  otherwise provided in this part, sections 580-605 through 580-608 of
    21  this article apply to a  contest  of  a  registered  Convention  support
    22  order.
    23    (b)  A  party  contesting  a registered Convention support order shall
    24  file a contest not later than thirty days after notice of the  registra-
    25  tion,  but if the contesting party does not reside in the United States,
    26  the contest must be filed not later than sixty days after notice of  the
    27  registration.
    28    (c)  If  the  nonregistering  party  fails  to  contest the registered
    29  Convention support order by the time specified  in  subdivision  (b)  of
    30  this section, the order is enforceable.
    31    (d)  A  contest  of a registered Convention support order may be based
    32  only on grounds set forth in section 580-708 of this part. The  contest-
    33  ing party bears the burden of proof.
    34    (e)  In a contest of a registered Convention support order, a tribunal
    35  of this state:
    36    (1) is bound by the findings of fact on  which  the  foreign  tribunal
    37  based its jurisdiction; and
    38    (2) may not review the merits of the order.
    39    (f)  A  tribunal  of  this  state  deciding  a contest of a registered
    40  Convention support order shall promptly notify the parties of its  deci-
    41  sion.
    42    (g)  A challenge or appeal, if any, does not stay the enforcement of a
    43  Convention support order unless there are exceptional circumstances.
    44    §  580-708.  Recognition  and  enforcement  of  registered  Convention
    45  support  order.   (a) Except as otherwise provided in subdivision (b) of
    46  this section, a tribunal of this state shall  recognize  and  enforce  a
    47  registered Convention support order.
    48    (b)  The following grounds are the only grounds on which a tribunal of
    49  this state may  refuse  recognition  and  enforcement  of  a  registered
    50  Convention support order:
    51    (1)  recognition  and enforcement of the order is manifestly incompat-
    52  ible with public policy, including the failure of the  issuing  tribunal
    53  to observe minimum standards of due process, which include notice and an
    54  opportunity to be heard;
    55    (2)  the issuing tribunal lacked personal jurisdiction consistent with
    56  section 580-201 of this article;
        S. 5685--B                         26
 
     1    (3) the order is not enforceable in the issuing country;
     2    (4)  the  order  was  obtained by fraud in connection with a matter of
     3  procedure;
     4    (5) a record transmitted in accordance with section  580-706  of  this
     5  part lacks authenticity or integrity;
     6    (6)  a proceeding between the same parties and having the same purpose
     7  is pending before a tribunal of this state and that proceeding  was  the
     8  first to be filed;
     9    (7) the order is incompatible with a more recent support order involv-
    10  ing  the  same  parties  and  having the same purpose if the more recent
    11  support order is entitled to  recognition  and  enforcement  under  this
    12  article in this state;
    13    (8)  payment, to the extent alleged arrears have been paid in whole or
    14  in part;
    15    (9) in a case in which the respondent neither appeared nor was repres-
    16  ented in the proceeding in the issuing foreign country:
    17    (i)  if  the  law  of  that  country  provides  for  prior  notice  of
    18  proceedings,   the   respondent  did  not  have  proper  notice  of  the
    19  proceedings and an opportunity to be heard; or
    20    (ii) if the law of that country does not provide for prior  notice  of
    21  the  proceedings, the respondent did not have proper notice of the order
    22  and an opportunity to be heard in a challenge or appeal on fact  or  law
    23  before a tribunal; or
    24    (10) the order was made in violation of section 580-711 of this part.
    25    (c)  If  a  tribunal  of  this  state  does not recognize a Convention
    26  support order under paragraph two, four or nine of  subdivision  (b)  of
    27  this section:
    28    (1)  the  tribunal  may  not dismiss the proceeding without allowing a
    29  reasonable time for a party  to  request  the  establishment  of  a  new
    30  Convention support order; and
    31    (2) the state child support agency shall take all appropriate measures
    32  to  request a child support order for the obligee if the application for
    33  recognition and enforcement was received under section 580-704  of  this
    34  part.
    35    §  580-709. Partial enforcement.  If a tribunal of this state does not
    36  recognize and enforce a Convention support order  in  its  entirety,  it
    37  shall  enforce any severable part of the order. An application or direct
    38  request may seek recognition and partial  enforcement  of  a  Convention
    39  support order.
    40    §  580-710.  Foreign  support  agreement.    (a)  Except  as otherwise
    41  provided in subdivisions (c) and (d) of this section, a tribunal of this
    42  state shall recognize and enforce a foreign support agreement registered
    43  in this state.
    44    (b) An application or direct request for recognition  and  enforcement
    45  of a foreign support agreement must be accompanied by:
    46    (1) a complete text of the foreign support agreement; and
    47    (2) a record stating that the foreign support agreement is enforceable
    48  as an order of support in the issuing country.
    49    (c)  A tribunal of this state may vacate the registration of a foreign
    50  support agreement only if, acting on its own motion, the tribunal  finds
    51  that  recognition  and enforcement would be manifestly incompatible with
    52  public policy.
    53    (d) In a contest of a foreign support agreement, a  tribunal  of  this
    54  state  may  refuse  recognition  and  enforcement of the agreement if it
    55  finds:
        S. 5685--B                         27
 
     1    (1) recognition and enforcement of the agreement is manifestly  incom-
     2  patible with public policy;
     3    (2) the agreement was obtained by fraud or falsification;
     4    (3)  the  agreement is incompatible with a support order involving the
     5  same parties and having the same purpose in this state,  another  state,
     6  or a foreign country if the support order is entitled to recognition and
     7  enforcement under this article in this state; or
     8    (4)  the  record submitted under subdivision (b) of this section lacks
     9  authenticity or integrity.
    10    (e) A proceeding for recognition and enforcement of a foreign  support
    11  agreement  must  be  suspended  during the pendency of a challenge to or
    12  appeal of the agreement before a tribunal of another state or a  foreign
    13  country.
    14    §  580-711.  Modification  of  Convention child support order.   (a) A
    15  tribunal of this state may not modify a Convention child  support  order
    16  if  the  obligee  remains  a  resident  of the foreign country where the
    17  support order was issued unless:
    18    (1) the obligee submits to the jurisdiction  of  a  tribunal  of  this
    19  state,  either expressly or by defending on the merits of the case with-
    20  out objecting to the jurisdiction at the first available opportunity; or
    21    (2) the foreign tribunal lacks or refuses to exercise jurisdiction  to
    22  modify its support order or issue a new support order.
    23    (b)  If  a  tribunal  of this state does not modify a Convention child
    24  support order because the order is not recognized in this state,  subdi-
    25  vision (c) of section 580-708 of this part applies.
    26    §  580-712.  Personal information; limit on use.  Personal information
    27  gathered or transmitted under  this  part  may  be  used  only  for  the
    28  purposes for which it was gathered or transmitted.
    29    § 580-713. Record in original language; English translation.  A record
    30  filed  with  a  tribunal  of  this  state under this part must be in the
    31  original language and, if not in English,  must  be  accompanied  by  an
    32  English translation.
    33                                   PART 8
    34                            INTERSTATE RENDITION
    35  Section 580-801. Grounds for rendition.
    36          580-802. Conditions of rendition.
    37    §  580-801.  Grounds  for  rendition.   (a) For purposes of this part,
    38  "governor" includes an individual performing the functions  of  governor
    39  or the executive authority of a state covered by this article.
    40    (b) The governor of this state may:
    41    (1)  demand that the governor of another state surrender an individual
    42  found in the other state who is charged criminally in  this  state  with
    43  having failed to provide for the support of an obligee; or
    44    (2) on the demand of the governor of another state, surrender an indi-
    45  vidual  found in this state who is charged criminally in the other state
    46  with having failed to provide for the support of an obligee.
    47    (c) A provision for extradition of individuals not  inconsistent  with
    48  this  article applies to the demand even if the individual whose surren-
    49  der is demanded was not in  the  demanding  state  when  the  crime  was
    50  allegedly committed and has not fled therefrom.
    51    §  580-802.  Conditions of rendition.  (a) Before making a demand that
    52  the governor of another state surrender an individual charged criminally
    53  in this state with having failed to provide for the support of an  obli-
    54  gee,  the  governor of this state may require a prosecutor of this state
    55  to demonstrate that at least  sixty  days  previously  the  obligee  had
        S. 5685--B                         28
 
     1  initiated  proceedings  for support pursuant to this article or that the
     2  proceeding would be of no avail.
     3    (b)  If,  under  this  article  or a law substantially similar to this
     4  article, the governor of another state makes a demand that the  governor
     5  of  this  state surrender an individual charged criminally in that state
     6  with having failed to provide for the support of a child or other  indi-
     7  vidual  to  whom  a  duty of support is owed, the governor may require a
     8  prosecutor to investigate the demand and report whether a proceeding for
     9  support has been initiated or would be effective. If it appears  that  a
    10  proceeding  would  be effective but has not been initiated, the governor
    11  may delay honoring the demand for a reasonable time to permit the initi-
    12  ation of a proceeding.
    13    (c) If a proceeding for support has been initiated and the  individual
    14  whose  rendition is demanded prevails, the governor may decline to honor
    15  the demand. If the petitioner prevails and the individual  whose  rendi-
    16  tion is demanded is subject to a support order, the governor may decline
    17  to  honor  the  demand  if  the individual is complying with the support
    18  order.
    19                                   PART 9
    20                          MISCELLANEOUS PROVISIONS
    21  Section 580-901. Uniformity of application and construction.
    22          580-902. Severability.
    23          580-903. Effective date.
    24    § 580-901. Uniformity of application and construction.    In  applying
    25  and construing this uniform act, consideration must be given to the need
    26  to  promote  uniformity  of  the  law with respect to its subject matter
    27  among states that enact it.
    28    § 580-902. Severability.   If any provision of  this  article  or  its
    29  application to any person or circumstance is held invalid, the invalidi-
    30  ty  does  not  affect  other  provisions or applications of this article
    31  which can be given effect without the invalid provision or  application,
    32  and to this end the provisions of this article are severable.
    33    §  580-903.  Effective date. This article shall take effect on January
    34  first, two thousand sixteen; provided, however, that if it shall  become
    35  a  law  after January first, two thousand sixteen, it shall be deemed to
    36  have been in full force and effect on and after January first, two thou-
    37  sand sixteen; and provided further, that the provisions of this  article
    38  shall  apply  to  any  action  or proceeding filed or order issued on or
    39  before the effective date of this article.
    40    § 3. Section one of this act shall take effect on  the  ninetieth  day
    41  after it shall have become a law; and section two of this act shall take
    42  effect  consistent  with  section  580-903  of article 5-B of the family
    43  court act, as added by section two of this act.