§ 63-17-3270 — Duties of support enforcement agency.

(A) In a proceeding under this article, a support enforcement agency of this State, upon request: (1) shall provide services to a petitioner residing in a state; (2) shall provide services to a petitioner requesting services through a central authority of a foreign country as described in Section 63-17-2910(5)(a) or (5)(d); and (3) may provide services to a petitioner who is an individual not residing in a state. (B) A support enforcement agency of this State that is providing services to the petitioner shall: (1) take all steps necessary to enable an appropriate tribunal of this State, another state, or a foreign country to obtain jurisdiction over the respondent; (2) request an appropriate tribunal to set a date, time, and place for a hearing; (3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (4) within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner; (5) within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and (6) notify the petitioner if jurisdiction over the respondent cannot be obtained. (C) A support enforcement agency of this State that requests registration of a child-support order in this State for enforcement or for modification shall make reasonable efforts: (1) to ensure that the order to be registered is the controlling order; or (2) if two or more child-support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so. (D) A support enforcement agency of this State that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported. (E) A support enforcement agency of this State shall issue or request a tribunal of this State to issue a child-support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to Section 63-17-3390. (F) This article does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

Legislative History

HISTORY: 2008 Act No. 361, SECTION 2; 2015 Act No. 33 (S.500), SECTION 1, eff June 1, 2015. Effect of Amendment 2015 Act No. 33, SECTION 1, rewrote (A); in (B)(1), substituted "of this State, another state, or a foreign country" for "in this State or another state"; in (B)(4) and (B)(5), deleted "written" before "notice"; and in (E), deleted "of the Uniform Interstate Family Support Act" from the end.