§ 25-9C-704 — Initiation by department of support proceeding under Convention.

(a) In a support proceeding pursuant to this Article, the Department of Social Services of this state shall: (1) Transmit and receive applications; and (2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state. (b) The following support proceedings are available to an obligee under the Convention: (1) Recognition or recognition and enforcement of a foreign support order; (2) Enforcement of a support order issued or recognized in this state; (3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child; (4) Establishment of a support order if recognition of a foreign support order is refused pursuant to subsection 25-9C-708(b)(2), (4), or (9); (5) Modification of a support order of a tribunal of this state; and (6) Modification of a support order of a tribunal of another state or a foreign country. (c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order: (1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state; (2) Modification of a support order of a tribunal of this state; and (3) Modification of a support order of a tribunal of another state or a foreign country. (d) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.

Legislative History

SL 2015, ch 148, § 704.