S 1316 Session 110 (1993-1994)
S 1316 General Bill, By Courtney
Similar(H 4844)
A Bill to amend Title 20, Chapter 7, Article 9, Subarticle 5, Code of Laws of
South Carolina, 1976, relating to the Uniform Reciprocal Enforcement of
Support Act, so as to replace this Act with the Uniform Interstate Family
Support Act, to provide uniform legislation to assist with the interstate
enforcement of support and to provide civil and criminal enforcement
procedures; to amend Section 15-35-910, relating to definitions in the Uniform
Enforcement of Foreign Judgments Act, so as to revise a cross reference; and
to preserve rights and duties under the former Uniform Reciprocal Enforcement
of Support Act.
03/30/94 Senate Introduced and read first time SJ-11
03/30/94 Senate Referred to Committee on Judiciary SJ-11
A BILL
TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE
5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT
ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM
INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM
LEGISLATION TO ASSIST WITH THE INTERSTATE
ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND
CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND
SECTION 15-35-910, RELATING TO DEFINITIONS IN THE
UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO
AS TO REVISE A CROSS REFERENCE; AND TO PRESERVE
RIGHTS AND DUTIES UNDER THE FORMER UNIFORM
RECIPROCAL ENFORCEMENT OF SUPPORT ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 20, Chapter 7, Article 9, Subarticle 5 of the
1976 Code is amended to read:
"Subarticle 5
Uniform Reciprocal Enforcement of Support
Act
Uniform Interstate Family Support Act
Part I
General Provisions
Section 20-7-960. This subarticle may be cited as the
"Revised Uniform Reciprocal Enforcement of Support Act
(1968)".
Section 20-7-965. The purposes of this subarticle are to improve
and extend by reciprocal legislation the enforcement of duties of
support.
Section 20-7-970. As used in this subarticle unless the context
requires otherwise:
(a) "Court" means the family court of this State and,
when the context requires, means the court of any other state as
defined in a substantially similar reciprocal law.
(b) "Duty of support" means a duty of support whether
imposed or imposable by law or by order, decree, or judgment of any
court, whether interlocutory or final or whether incidental to an action
for divorce, separation, separate maintenance, or otherwise and
includes the duty to pay arrearages of support past due and unpaid.
(c) "Governor" includes any person performing the
functions of Governor or the executive authority of any state covered
by this subarticle.
(d) "Initiating state" means a state in which a proceeding
pursuant to this or a substantially similar reciprocal law is commenced.
"Initiating court" means the court in which a proceeding
is commenced.
(e) "Law" includes both common and statutory law.
(f) "Obligee" means a person including a state or
political subdivision to whom a duty of support is owed or a person
including a state or political subdivision that has commenced a
proceeding for enforcement of an alleged duty of support or for
registration of a support order. It is immaterial whether the person to
whom a duty of support is owed is a recipient of public assistance.
(g) "Obligor" means any person owing a duty of support
or against whom a proceeding for the enforcement of a duty of
support or registration of a support order is commenced.
(h) "Prosecuting attorney" means the circuit solicitor,
county attorney, or attorney designated by the Department of Social
Services pursuant to S 43-5-220.
(i) "Register" means to file in the Registry of Foreign
Support.
(j) "Registering court" means any court of this State in
which a support order of a rendering state is registered.
(k) "Rendering state" means a state in which the court
has issued a support order for which registration is sought or granted
in the court of another state.
(l) "Responding state" means a state in which any
responsive proceeding pursuant to the proceeding in the initiating state
is commenced. "Responding court" means the court in
which the responsive proceeding is commenced.
(m) "State" includes a state, territory, or possession of
the United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any foreign jurisdiction in which this or a
substantially similar reciprocal law is in effect.
(n) "Support order" means any judgment, decree, or
order of support whether temporary or final, or subject to
modification, revocation, or remission, regardless of the kind of action
or proceeding in which it is entered.
Section 20-7-974. When the Attorney General is satisfied that
reciprocal provisions will be made by a foreign jurisdiction for the
enforcement therein of support orders made within this State, the
Attorney General may declare the foreign jurisdiction to be an
initiating state for the purposes of this subarticle. Any declaration may
be revoked by the Attorney General.
Section 20-7-975. The remedies herein provided are in addition to
and not in substitution for any other remedies. Nothing within this
subarticle shall interfere with the authority of the family court to
modify orders of support.
Section 20-7-980. Duties of support arising under the law of this
State, when applicable under S 20-7-995, bind the obligor present in
this State regardless of the presence or residence of the obligee.
Part II
Criminal Enforcement
Section 20-7-985. The Governor of this State may (1) demand of
the Governor of another state the surrender of a person found in that
state who is charged criminally in this State with failing to provide for
the support of any person; or (2) surrender on demand by the
Governor of another state a person found in this State who is charged
criminally in that state with failing to provide for the support of any
person.
Provisions for extradition of criminals not inconsistent with this
subarticle apply to the demand even if the person whose surrender is
demanded was not in the demanding state at the time of the
commission of the crime and has not fled therefrom. The demand, the
oath, and any proceedings for extradition pursuant to this section need
not state or show that the person whose surrender is demanded has
fled from justice or at the time of the commission of the crime was in
the demanding state.
Section 20-7-990. (a) Before making the demand upon the
Governor of another state for the surrender of a person charged
criminally in this State with failing to provide for the support of a
person, the Governor of this State may require any prosecuting
attorney of this State to satisfy him that at least sixty days prior
thereto the obligee initiated proceedings for support under this
subarticle or that any proceeding would be of no avail.
(b) If, under a substantially similar act, the Governor of another
state makes a demand upon the Governor of this State for the
surrender of a person charged criminally in that state with failure to
provide for the support of a person, the Governor may require any
prosecuting attorney to investigate the demand and to report to him
whether proceedings for support have been initiated or would be
effective. If it appears to the Governor that a proceeding would be
effective but has not been initiated he may delay honoring the demand
for a reasonable time to permit the initiation of a proceeding.
(c) If proceedings have been initiated and the person demanded has
prevailed therein the Governor may decline to honor the demand. If
the obligee prevailed and the person demanded is subject to a support
order, the Governor may decline to honor the demand if the person
demanded is complying with the support order.
Part III
Civil Enforcement
Section 20-7-995. Duties of support applicable under this subarticle
are those imposed or imposable under the laws of any state where the
obligor was present for the period during which support is
sought. The obligor is presumed to have been present in the
responding state during the period for which support is sought until
otherwise shown.
Section 20-7-1000. If a state, political subdivision, or an agency
thereof furnishes support to an individual obligee it has the same right
to initiate a proceeding under this subarticle as the individual obligee
for the purpose of securing reimbursement for support furnished and
of obtaining continuing support.
Section 20-7-1005. All duties of support, including the duty to pay
arrearages, are enforceable by a proceeding under this subarticle
including a proceeding for civil contempt. The defense that the parties
are immune to suit because of their relationship as husband and wife
or parent and child is not available to the obligor. Jurisdiction of any
proceeding under this subarticle is vested in the family court.
Section 20-7-1010. (a) The petition must be verified and must state
the name and, so far as known to the obligee, the address and
circumstances of the obligor and the persons for whom support is
sought and all other pertinent information. The obligee may include
in or attach to the petition any information which may help in locating
or identifying the obligor including a photograph of the obligor, a
description of any distinguishing marks on his person, other names
and aliases by which he has been or is known, the name of his
employer, his fingerprints, and his Social Security number.
(b) The petition may be filed in the appropriate court of any state
in which the obligee resides. The court may not decline or refuse to
accept and forward the petition on the ground that it should be filed
with some other court of this State or any other state where there is
pending another action for divorce, separation, annulment, dissolution,
habeas corpus, adoption, or custody between the same parties or where
another court has already issued a support order in some other
proceeding and has retained jurisdiction for its enforcement.
Section 20-7-1015. If this State is acting as an initiating state the
prosecuting attorney, upon the request of the court, the Department of
Social Services, or other local welfare official, shall represent the
obligee in any proceeding under this subarticle.
Section 20-7-1020. A petition on behalf of a minor obligee may be
executed and filed by a person having actual custody of the minor
without appointment as guardian ad litem.
Section 20-7-1025. If the initiating court finds that the petition sets
forth facts from which it may be determined that the obligor owes a
duty of support and that a court of the responding state may obtain
jurisdiction of the obligor or his property it shall so certify and cause
three copies of the petition and its certificate and one copy of this
subarticle to be sent to the responding court. Certification must be in
accordance with the requirements of the initiating state. If the name
and address of the responding court are unknown and the responding
state has an information agency comparable to that established in the
initiating state it shall cause the copies to be sent to the state
information agency or other proper official of the responding state,
with a request that the agency or official of the responding state, with
a request that the agency or official forward them to the proper court
and that the court of the responding state acknowledge their receipt to
the initiating court.
Section 20-7-1030. An initiating court may not require payment of
either a filing fee or other costs from the obligee but may request the
responding court to collect fees and costs from the obligor. A
responding court may not require payment of a filing fee or other
costs from the obligee but it may direct that all fees and costs
requested by the initiating court and incurred in this State when acting
as a responding state, including fees for filing of pleadings, service of
process, seizure of property, stenographic or duplication service, or
other service supplied to the obligor, be paid by the obligor. These
costs or fees do not have priority over amounts due to the obligee.
Section 20-7-1035. If the court of this State believes that the
obligor may flee it may (1) as an initiating court, request in its
certificate that the responding court obtain the body of the obligor by
appropriate process; or (2) as a responding court, obtain the body of
the obligor by appropriate process. Thereupon it may release him upon
his own recognizance or upon his giving a bond in an amount set by
the court to assure his appearance at the hearing.
Section 20-7-1040. (a) The State Department of Social Services is
designated as the state information agency under this subarticle, and
it shall
(1) compile a list of the courts and their addresses in this State
having jurisdiction under this subarticle and transmit it to the state
information agency of every other state which has adopted this or a
substantially similar act. Upon the adjournment of each session of the
legislature the agency shall distribute copies of any amendments to this
subarticle and a statement of their effective date to all other state
information agencies;
(2) maintain a register of lists of courts received from other states
and transmit copies of the lists promptly to every court in this State
having jurisdiction under this subarticle; and
(3) forward to the court in this State which has jurisdiction over the
obligor or his property petitions, certificates, and copies of the act it
receives from courts or information agencies of other states.
(b) If the obligee is eligible for services pursuant to S 43-5-220, the
state information agency does not know the location of the obligor or
his property in the state, and no state location service is available, it
shall use all means at its disposal to obtain this information, including
the examination of official records in the state and other sources such
as telephone directories, real property records, vital statistics records,
police records, requests for the name and address from employers who
are able or willing to cooperate, records of motor vehicle license
offices, requests made to tax offices, both state and federal, where the
offices are able to cooperate, and requests made to the Social Security
Administration as permitted by the Social Security Act, as amended.
Section 20-7-1045. (a) After the responding court receives copies
of the petition, certificate, and act from the initiating court the clerk
of the court shall docket the case and notify the prosecuting attorney
of his action.
(b) The prosecuting attorney shall prosecute the case diligently. He
shall take all action necessary in accordance with the laws of this State
to enable the court to obtain jurisdiction over the obligor or his
property and shall request the court to set a time and place for a
hearing and give notice of the hearing to the obligor in accordance
with law.
Section 20-7-1050. (a) The prosecuting attorney on his own
initiative shall use all means at his disposal to locate the obligor or his
property, and if because of inaccuracies in the petition or otherwise the
court cannot obtain jurisdiction the prosecuting attorney shall inform
the court of what he has done and request the court to continue the
case pending receipt of more accurate information or an amended
petition from the initiating court.
(b) If the obligor or his property is not found in the county and the
prosecuting attorney discovers that the obligor or his property may be
found in another county of this State or in another state he shall so
inform the court. Thereupon the clerk of the court shall forward the
documents received from the court in the initiating state to a court in
the other county or to a court in the other state or to the information
agency or other proper official of the other state with a request that
the documents be forwarded to the proper court. All powers and duties
provided by this subarticle apply to the recipient of the documents so
forwarded. If the clerk of a court of this State forwards documents to
another court he shall notify the initiating court.
(c) If the prosecuting attorney has no information as to the location
of the obligor or his property he shall so inform the initiating court.
Section 20-7-1055. If the obligee is not present at the hearing and
the obligor denies owing the duty of support alleged in the petition or
offers evidence constituting a defense the court, upon request of either
party, shall continue the hearing to permit evidence relative to the duty
to be adduced by either party by discovery or by appearing in person
before the court. The court may designate the judge of the initiating
court as a person before whom a deposition may be taken.
Section 20-7-1060. If at the hearing the obligor is called for
examination as an adverse party and he declines to answer upon the
ground that his testimony may tend to incriminate him the court may
require him to answer, in which event he is immune from criminal
prosecution with respect to matters revealed by his testimony, except
for perjury committed in this testimony.
Section 20-7-1065. Laws attaching a privilege against the
disclosure of communications between the husband and wife are
inapplicable to proceedings under this subarticle. Husband and wife
are competent witnesses to testify to any relevant matter, including
marriage and parentage.
Section 20-7-1070. In any hearing for the civil enforcement of this
subarticle the court is governed by the rules of evidence applicable in
a civil court action in the family court. If the action is based on a
support order issued by another court a certified copy of the order
must be received as evidence of the duty of support, subject only to
any defenses available to a defendant in an action or a proceeding to
enforce a foreign money judgment. The determination or enforcement
of a duty of support owed to one obligee is unaffected by an
interference by another obligee with rights of custody or visitation
granted by a court.
Section 20-7-1075. If the responding court finds a duty of support
it may order the obligor to furnish support or reimbursement for
support and subject the property of the obligor to the order. Support
orders made pursuant to this subarticle shall require that payments be
made to the clerk of the court of the responding state. The court and
prosecuting attorney of any county in which the obligor is present or
has property have the same powers and duties to enforce the order as
have those of the county in which it was first issued. If enforcement
is impossible or cannot be completed in the county in which the order
was issued, the prosecuting attorney shall send a certified copy of the
order to the prosecuting attorney of any county in which it appears
that proceedings to enforce the order would be effective. The
prosecuting attorney to whom the certified copy of the order is
forwarded shall proceed with enforcement and report the results of the
proceedings to the court first issuing the order.
Section 20-7-1080. The responding court shall cause a copy of all
support orders to be sent to the initiating court.
Section 20-7-1085. In addition to the foregoing powers a
responding court may subject the obligor to any terms and conditions
proper to assure compliance with its orders and in particular to:
(1) require the obligor to furnish a cash deposit or a bond of a
character and amount to assure payment of any amount due;
(2) require the obligor to report personally and to make payments
at specified intervals to the clerk of the court; and
(3) punish under the power of contempt the obligor who violates
any order of the court.
Section 20-7-1090. If the obligor asserts as a defense that he is not
the father of the child for whom support is sought and it appears to
the court that the defense is not frivolous, and if both of the parties
are present at the hearing or the proof required in the case indicates
that the presence of either or both of the parties is not necessary, the
court may adjudicate the paternity issue. Otherwise the court may
continue the hearing until the paternity issue is adjudicated by the
court or by any other court of competent jurisdiction.
Section 20-7-1095. A responding court has the following duties
which may be carried out through the clerk of the court:
(1) To transmit to the initiating court any payment made by the
obligor pursuant to any order of the court or otherwise; and
(2) To furnish to the initiating court upon request a certified
statement of all payments made by the obligor.
Section 20-7-1100. An initiating court shall receive and disburse all
payments made by the obligor or sent by the responding court. This
duty may be carried out through the clerk of the court.
Section 20-7-1105. A responding court may not stay the proceeding
or refuse a hearing under this subarticle because of any pending or
prior action or proceeding for divorce, separation, annulment,
dissolution, habeas corpus, adoption, or custody in this State or any
other state. The court shall hold a hearing and may issue a support
order pendente lite. In aid thereof it may require the obligor to give
a bond for the prompt prosecution of the pending proceeding. If the
other action or proceeding is concluded before the hearing in the
instant proceeding and the judgment therein provides for the support
demanded in the petition being heard the court shall take into account
in placing its support order the amount allowed in the other action or
proceeding. Thereafter the court may not stay enforcement of its
support order because of the retention of jurisdiction for enforcement
purposes by the court in the other action or proceeding.
Section 20-7-1110. A support order made by a court of this State
pursuant to this subarticle does not nullify and is not nullified by a
support order made by a court of this State pursuant to any other law
or by a support order made by a court of any other state pursuant to
a substantially similar act or any other law, regardless of priority of
issuance, unless otherwise specifically provided by the court. Amounts
paid for a particular period pursuant to any support order made by the
court of another state must be credited against the amounts accruing
or accrued for the same period under any support order made by the
court of this State.
Section 20-7-1115. Participation in any proceeding under this
subarticle does not confer jurisdiction upon any court over any of the
parties thereto in any other proceeding.
Section 20-7-1120. This subarticle applies if both the obligee and
the obligor are in this State but in different counties. If the court of
the county in which the petition is filed finds that the petition sets
forth facts from which it may be determined that the obligor owes a
duty of support and finds that a court of another county in this State
may obtain jurisdiction over the obligor or his property, the clerk of
the court shall send the petition and a certification of the findings to
the court of the county in which the obligor or his property is found.
The clerk of the court of the county receiving these documents shall
notify the prosecuting attorney of their receipt. The prosecuting
attorney and the court in the county to which the copies are forwarded
then have duties corresponding to those imposed upon them when
acting for this State as a responding state.
Part IV
Registration of Foreign Support Orders
Section 20-7-1130. If the duty of support is based on a foreign
support order, the obligee has the additional remedies provided in the
following sections.
Section 20-7-1135. The obligee may register the foreign support
order in a court of this State in the manner, with the effect, and for
the purposes herein provided.
Section 20-7-1140. The clerk of the court shall maintain a Registry
of Foreign Support Orders in which he shall file foreign support
orders.
Section 20-7-1145. If the State is acting either as a rendering or a
registering state the prosecuting attorney upon the request of the court,
the Department of Social Services, or other local welfare official shall
represent the obligee in proceeding under this Part IV.
Section 20-7-1150. (a) An obligee seeking to register a foreign
support order in a court of this State shall transmit to the clerk of the
court (1) three certified copies of the order with all modifications of
the order, (2) one copy of the reciprocal enforcement of support act
of the state in which the order was made, and (3) a statement verified
and signed by the obligee, showing the post office address of the
obligor, the amount of support remaining unpaid, a description and the
location of any property of the obligor available upon execution, and
a list of the states in which the order is registered. Upon receipt of
these documents the clerk of the court, without payment of a filing fee
or other cost to the obligee, shall file them in the Registry of Foreign
Support Orders. The filing constitutes registration under this subarticle.
(b) Promptly upon registration the clerk of the court shall docket
the case and notify the prosecuting attorney of his actions. The
prosecuting attorney shall send by certified or registered mail to the
obligor at the address given a notice of the registration with a copy of
the registered support order and the post office address of the obligee.
The prosecuting attorney shall proceed diligently to enforce the order.
Section 20-7-1155. (a) Upon registration the registered foreign
support order must be treated in the same manner as a support order
issued by a court of this State. It has the same effect and is subject
to the same procedures, defenses, and proceedings for modifying,
vacating, or staying as a support order of this State and may be
enforced and satisfied in like manner.
(b) The obligor has twenty days after the mailing of notice of the
registration in which to petition the court to vacate the registration or
for other relief. If he does not so petition the registration support
order is confirmed.
(c) At the hearing to enforce the registered support order the
obligor may present only matters that would be available to him as
defenses in an action to enforce a foreign money judgment. However,
all defenses are available to the obligor to attack the amount registered
as owing if the law of the initiating state allows modification of
arrearages.
Section 20-7-1160. This subarticle must be so construed as to
effectuate its general purpose to make uniform the law of those states
which enact it.
Section 20-7-1165. If any provision of this subarticle or the
application of the subarticle to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications
of the subarticle which can be given effect without the invalid
provision or application, and to this end the provisions of this
subarticle are severable.
Section 20-7-1170. Any lawsuits pending on the effective date of
this subarticle may continue under the provisions of the Uniform
Reciprocal Enforcement of Support Act as enacted by Act 71 of
1981.
Section 20-7-960. This subarticle may be cited as the `Uniform
Interstate Family Support Act'.
Section 20-7-965. As used in this subarticle:
(1) `Child' means an individual, whether over or under the age of
majority, who is or may be owed a duty of support by the child's
parent or who is or may be the beneficiary of a support order directed
to that parent.
(2) `Child support order' means a support order for a child which
may include support for a child over the age of majority under the law
of the issuing state.
(3) `Duty of support' means an obligation imposable by law to
provide support for a child, spouse, or former spouse including an
unsatisfied obligation to provide support.
(4) `Home state' means the state in which a child lived with a
parent or a person acting as parent for at least six consecutive months
immediately preceding the time of filing of a proceeding for support,
and if a child is less than six months old, the state in which the child
lived from birth with any of them. A period of temporary absence of
any of them is counted as part of the six-month or other period.
(5) `Income' includes earnings or other periodic entitlements to
money from any source and any other funds or assets subject to
withholding for support under the law of this State.
(6) `Income withholding order' means an order or other legal
process directed to withhold support from the obligor's income.
(7) `Initiating state' means a state in which a proceeding under this
subarticle or a substantially similar law is filed for forwarding to a
responding state.
(8) `Initiating tribunal' means the appropriate tribunal in an
initiating state.
(9) `Issuing state' means the state in which a tribunal issues a
support order or renders a judgment determining parentage.
(10) `Issuing tribunal' means the tribunal that issues a support order
or renders a judgment determining parentage.
(11) `Law' includes decisional and statutory law and rules and
regulations having the force of law.
(12) `Obligee' means:
(a) an individual to whom a duty of support is or may be owed
or in whose favor a support order has been issued or judgment
determining parentage has been rendered;
(b) a state or political subdivision to which the rights under a
duty of support or support order have been assigned or which has
independent claims based on financial assistance provided to an
individual obligee: or
(c) an individual seeking a judgment determining parentage of
that individual's child.
(13) `Obligor' means an individual or the estate of a decedent:
(a) who owes or may owe a duty of support including an
individual who is alleged but has not been adjudicated to be a parent
of a child; or
(b) who is liable under a support order.
(14) `Register' means to record a support order or judgment
determining parentage in the Registry of Foreign Support.
(15) `Registering tribunal' means a tribunal in which a support
order is registered.
(16) `Responding state' means a state to which a proceeding is
forwarded under this subarticle or a substantially similar law.
(17) `Responding tribunal' means the appropriate tribunal in a
responding state. (18) `Spousal support order' means a support
order for a spouse or former spouse of the obligor.
(19) `State' means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or any territory or
insular possession subject to the jurisdiction of the United States. The
term `state' includes an Indian tribe and includes a foreign jurisdiction
that has established procedures for issuance and enforcement of
support orders which are substantially similar to the procedures under
this subarticle.
(20) `Substantially similar law' means a law similar to the Uniform
Interstate Family Support Act, the Uniform Reciprocal Enforcement
of Support Act, or the Revised Uniform Reciprocal Enforcement of
Support Act.
(21) `Support enforcement agency' means a public official or
agency authorized to enforce laws relating to the duty of support or an
existing support order, to determine parentage, to establish, modify,
and enforce child support, or to locate obligors and their assets.
(22) `Support order' means a judgment, decree, or order for the
benefit of a child, a spouse, or a former spouse, whether temporary,
final, or subject to modification, for monetary support, health care,
arrearages, reimbursement, and may include related costs and fees,
interest, income withholding, attorney's fees, or other appropriate
relief.
(23) `Tribunal' means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, and modify support
orders or to determine parentage.
Section 20-7-970. The tribunal of this State is the family court.
Section 20-7-975. Remedies provided by this subarticle are
cumulative and do not affect the availability of any remedies under
any other law.
Section 20-7-980. In a proceeding to establish, enforce, or modify
a support order or to determine parentage, the family court may
exercise personal jurisdiction over a nonresident individual or that
individual's guardian or conservator if:
(1) the individual is personally served with a summons and
complaint within this State;
(2) the individual submits to the jurisdiction of this State by
consent, by entering a general appearance, or by filing a responsive
document having the effect of waiving any contest to personal
jurisdiction;
(3) the individual resided with the child in this State;
(4) the individual resided in this State and provided prenatal
expenses or support for the child;
(5) the child resides in this State as a result of the acts or
directives of the individual;
(6) the individual engaged in sexual intercourse in this State and
the child may have been conceived by that act of intercourse; or
(7) there is any other basis consistent with the constitutions of this
State and the United States for the exercise of personal
jurisdiction.
Part II
Choice of Laws
Section 20-7-985. The family court exercising personal jurisdiction
over a nonresident under Section 20-7-980 may apply Section 20-7-1100 to receive evidence from another state and Section 20-7-1110 to
obtain discovery through a tribunal of another state. In all other
respects, Sections 20-7-1025 through 20-7-1200 do not apply, and the
family court shall apply the procedural and substantive law of this
State, including the rules on choice of law other than those established
by this subarticle.
Section 20-7-990. Under this subarticle the family court may serve
as an initiating tribunal to forward proceedings to another state and as
a responding tribunal for proceedings initiated in another state.
Part III
Civil Enforcement
Section 20-7-995. (A) The family court may exercise jurisdiction
in a proceeding to establish a support order filed after a similar
proceeding is filed in another state only if:
(1) the proceeding in this State is filed before the expiration of
the time allowed in the other state for filing a responsive pleading
challenging the exercise of jurisdiction by the other state;
(2) the contesting party timely challenges the exercise of
jurisdiction in the other state; and,
(3) if applicable, this State is the home state of the child.
(B) The family court may not exercise jurisdiction in a proceeding
to establish a support order filed before a similar proceeding is filed
in another state if:
(1) the proceeding in the other state is filed before the
expiration of the time allowed in this State for filing a responsive
pleading challenging the exercise of jurisdiction by this State;
(2) the contesting party timely challenges the exercise of
jurisdiction in this State; and,
(3) if applicable, the other state is the home state of the child.
Section 20-7-1000. (A) The family court issuing a support order
consistent with the law of this State has continuing, exclusive
jurisdiction as long as this State remains the residence of the obligor,
the individual obligee, or the child for whose benefit the support order
is issued.
(B) The family court issuing a child support order consistent with
the law of this State may not exercise its continuing jurisdiction to
modify the order if:
(1) the order has been modified by a tribunal of another state
pursuant to a law substantially similar to this subarticle; or
(2) each individual party has filed written consent with the
family court for a tribunal of another state to modify the order and
assume continuing, exclusive jurisdiction.
(C) If a child support order of this State is modified by a tribunal
of another state pursuant to a law substantially similar to this
subarticle, the family court loses its continuing, exclusive jurisdiction
and the order issued in this State may be enforced only as to amounts
accruing before the modification and nonmodifiable aspects of the
original order and appropriate relief may be granted only for violations
of the order occurring before the effective date of modification.
(D) The family court shall recognize the continuing, exclusive
jurisdiction of a tribunal of another state which has issued a child
support order pursuant to a law substantially similar to this subarticle.
(E) A temporary support order issued ex parte or pending
resolution of a jurisdictional conflict does not create continuing,
exclusive jurisdiction in the issuing tribunal.
Section 20-7-1005. (A) The family court may serve as an initiating
tribunal under this subarticle to request a tribunal of another state to
enforce or modify a support order of that state.
(B) The family court having continuing, exclusive jurisdiction over
a support order may act as a responding tribunal under this subarticle
to enforce or modify that order. In exercising its continuing, exclusive
jurisdiction over its support order, the family court may apply Section
20-7-1100 to receive evidence from another state and Section 20-7-1110 to obtain discovery through a tribunal of another state.
(C) If the family court lacks continuing, exclusive jurisdiction over
a spousal support order, it may not serve as a responding tribunal to
modify a spousal support order of another state.
Section 20-7-1010. (A) If a proceeding is brought under this
subarticle, and one or more child support orders have been issued in
any state with regard to an obligor and a child before the effective
date of this subarticle, the family court shall apply the following
priorities in determining which order to recognize for purposes of
continuing, exclusive jurisdiction if:
(1) only one tribunal has issued a child support order, the order
of that tribunal must be recognized;
(2) two or more tribunals have issued child support orders for
the same obligor and child, and only one tribunal would have
continuing, exclusive jurisdiction under the provisions of this
subarticle, the order of that tribunal must be recognized;
(3) two or more tribunals have issued child support orders for
the same obligor and child and more than one would have continuing,
exclusive jurisdiction under the provisions of this subarticle, an order
issued by a tribunal in the current home state of the child must be
recognized, but if an order has not been issued in the current home
state of the child, the order most recently issued must be recognized;
(4) two or more tribunals have issued child support orders for
the same obligor and child and none of the tribunals would have
continuing, exclusive jurisdiction under the provisions of this
subarticle, the family court may issue a child support order.
(B) The tribunal that issued an order recognized under subsection
(A) is the tribunal having continuing, exclusive jurisdiction.
Section 20-7-1015. In responding to multiple registrations or
complaints for enforcement of two or more child support orders in
effect at the same time with regard to the same obligor and different
obligees who are natural persons, at least one of which was issued by
a tribunal of another state, the family court shall enforce those orders
in the same manner as if the multiple orders had been issued by the
family court.
Section 20-7-1020. Amounts collected and credited for a particular
period pursuant to a support order issued by a tribunal of another state
must be credited against the amounts accruing or accrued for the same
period under a support order issued by the family court.
Section 20-7-1025. (A) Except as otherwise expressly stated,
Sections 20-7-1025 through 20-7-1115 apply to all proceedings under
this subarticle.
(B) The family court has jurisdiction to:
(1) modify an order of child support or spousal support issued
by the family court;
(2) establish an original order for spousal or child support;
(3) enforce a support order and income withholding order of
another state without registration;
(4) register a spousal support order or child support order of
another state for enforcement;
(5) register a child support order of another state for
modification; and
(6) determine parentage.
(C) An individual plaintiff or a support enforcement agency may
bring a proceeding authorized under this subarticle by filing a
complaint in an initiating tribunal for forwarding to a responding
tribunal or by filing a complaint directly in an appropriate tribunal of
another state which has or can obtain jurisdiction.
Section 20-7-1030. A minor or a guardian ad litem or other legal
representative appointed for the minor may maintain a proceeding on
behalf of the minor's child.
Section 20-7-1035. Unless otherwise provided by this subarticle, a
responding tribunal shall:
(1) apply the procedural and substantive law, including the rules
on choice of law, generally applicable to similar proceedings
originating in this State and may exercise all powers and provide all
remedies available in those proceedings; and
(2) determine the duty of support and the amount payable in
accordance with the law and support guidelines of this State.
Section 20-7-1040. Upon the filing of a proceeding authorized by
this subarticle, the family court as an initiating tribunal shall forward
three copies of the complaint and its accompanying documents:
(1) to the responding tribunal or appropriate support enforcement
agency in the responding state; or
(2) if the identity of the responding tribunal is unknown, to the
state information agency of the responding state with a request that
they be forwarded to the appropriate tribunal and that receipt be
acknowledged.
Section 20-7-1045 (A) If a responding tribunal receives a
complaint, it shall cause the complaint to be filed and notify the
plaintiff by first-class mail where and when it was filed.
(B) The family court as a responding tribunal, to the extent
otherwise authorized by law, may do one or more of the following:
(1) issue or enforce a support order, modify a child support
order, or render a judgment to determine parentage;
(2) order an obligor to comply with a support order, specifying
the amount and the manner of compliance;
(3) order income withholding;
(4) determine the amount of any arrearages, and specify a
method of payment;
(5) enforce orders by civil or criminal contempt, or both;
(6) set aside property for satisfaction of the support order;
(7) place liens and order execution on the obligor's property;
(8) order an obligor to keep the family court or issuing tribunal
informed of the obligor's current residential address, telephone
number, employer, address of employment, and telephone number at
the place of employment;
(9) issue a bench warrant for an obligor who has failed after
proper notice to appear at a hearing ordered by the family court and
enter the bench warrant in any local and state computer systems for
criminal warrants;
(10) order the obligor to seek appropriate employment by
specified methods;
(11) award reasonable attorney's fees and other fees and costs;
and
(12) grant any other available remedy.
(C) A responding tribunal shall state in a support order, or in the
documents accompanying the order, the calculations on which the
support order issued under this subarticle is based.
(D) A responding tribunal may not condition the payment of a
support order issued under this subarticle upon compliance by a party
with provisions for visitation.
(E) If a responding tribunal issues a support order under this
subarticle, the tribunal shall send by first-class mail a copy of the
order to the plaintiff and the defendant and to the initiating tribunal,
if any.
Section 20-7-1050. If a proceeding is brought in an inappropriate
family court of this State, the family court shall forward the complaint
and accompanying documents to the appropriate family court or to the
appropriate tribunal in another state and notify the plaintiff by first-class mail where and when the complaint was sent.
Section 20-7-1055. (A) A support enforcement agency of this State
shall provide services upon request to a plaintiff in a proceeding under
this subarticle.
(B) A support enforcement agency that is providing services to the
plaintiff shall as appropriate:
(1) take all steps necessary to enable the tribunal to obtain
jurisdiction over the defendant;
(2) request the tribunal to set a time and place for a hearing;
(3) make a reasonable effort to obtain all relevant information,
including the assets and income of the parties;
(4) within two business days after receipt of a written notice
from an initiating, responding, or registering tribunal send a copy of
the notice by first-class mail to the plaintiff;
(5) within two business days after receipt of a written
communication from the defendant or the defendant's attorney send a
copy of the communication by first-class mail to the plaintiff; and
(6) notify the plaintiff if jurisdiction over the defendant cannot
be obtained.
(C) This subarticle 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.
Section 20-7-1060. If the Attorney General determines that the
support enforcement agency is neglecting or refusing to provide
services to an individual, the Attorney General may order the agency
to perform its duties under this subarticle or may provide those
services directly to the individual.
Section 20-7-1065. An individual may employ private counsel to
represent the individual in proceedings authorized by this subarticle.
Section 20-7-1070. (A) The Department of Social Services is the
state information agency under this subarticle.
(B) The state information agency shall:
(1) compile and maintain a current list, including addresses, of
the family courts in this State which have jurisdiction under this
subarticle and any support enforcement agencies in this State and
transmit a copy to the state information agency of every other state; (2) maintain a register of lists of tribunals and support
enforcement agencies received from other states;
(3) forward to the appropriate family court for the county in
which the obligee or obligor resides, or in which the obligor's
property is believed to be located, all documents concerning a
proceeding under this subarticle received from the initiating tribunal
or the state information agency of the initiating state; and
(4) obtain information concerning the location of the obligor
and the obligor's property not exempt from execution, including use
of postal verification and federal or state locator services, examination
of telephone directories, requests for the obligor's address from
employers, and examination of governmental records including, if not
prohibited by other law, those relating to real property, vital statistics,
law enforcement, taxation, motor vehicles, driver's licenses, and social
security.
Section 20-7-1075. (A) A plaintiff seeking to establish or modify
a support order or to determine parentage in proceeding under this
subarticle must verify the complaint. Unless otherwise ordered under
Section 20-7-1080, the complaint or accompanying documents must
provide, so far as known, the name, residential address, and social
security number of the obligor and the obligee and the name, sex,
residential address, social security number, and date of birth of each
child for whom support is sought. The complaint must be
accompanied by a certified copy of any support order in effect and
may include any other information that may assist in locating or
identifying the defendant.
(B) The complaint and accompanying documents must specify the
relief sought and conform substantially with the requirements imposed
by the forms mandated by federal law for use in cases filed by a
support enforcement agency.
Section 20-7-1080. Upon a finding that the health, safety, or liberty
of a party or child would be unreasonably put at risk by the disclosure
of identifying information or if an existing order so provides, a
tribunal shall order that the address of a child or party or other
identifying information not be disclosed in a pleading or other
document filed in a proceeding under this subarticle.
Section 20-7-1085. (A) A tribunal may not require the plaintiff to
pay a filing fee or other costs.
(B) A responding tribunal may assess against an obligor reasonable
attorney's fees, filing fees, other costs, and necessary travel and other
reasonable expenses incurred by the obligee and the obligee's
witnesses. The tribunal may not assess fees, costs, or expenses against
the obligee or the support enforcement agency of either the initiating
or the responding state, except as provided by other law. Attorney's
fees may be taxed as costs, and may be ordered paid directly to the
attorney who may enforce the order in the attorney's own name.
Payment of those costs and fees does not have priority over amounts
of support owed to the obligee.
(C) The tribunal shall order the payment of costs and reasonable
attorney's fees if it determines that a hearing was requested primarily
for delay. In a proceeding under Section 20-7-1135 through 20-7-1190, the tribunal shall presume that a hearing was requested primarily
for delay if a registered support order is confirmed or enforced
without change.
Section 20-7-1090. (A) Participation by a plaintiff in a responding
tribunal in a proceeding under this subarticle, whether in person, by
private attorney, or through services provided by the support
enforcement agency, does not permit the exercise of personal
jurisdiction over the plaintiff in another proceeding.
(B) A plaintiff is not amenable to service of civil process while
physically present in this State to participate in proceedings under this
subarticle.
(C) The immunity granted by this section does not extend to civil
litigation based on acts unrelated to the proceedings under this
subarticle committed by a party while present in this State.
Section 20-7-1095. A party whose parentage of a child has
previously been determined by law may not plead nonparentage as a
defense to a proceeding under this subarticle.
Section 20-7-1100. (A) The physical presence of the plaintiff in
family court, when the court is a responding tribunal, is not required
for the establishment, enforcement, or modification of a support order
or the rendition of a judgment determining parentage.
(B) A verified complaint, affidavit, document substantially
complying with federally mandated forms, and any document
incorporated by reference in any of them, not excluded under the
hearsay rule if given in person, is admissible if given in writing and
under oath by a party or witness residing in another state.
(C) A copy of the record of child support payments certified as a
true copy of the original by the custodian of the record may be
forwarded to a responding tribunal. The copy is prima facie evidence
of facts asserted in it and is admissible to show whether payments
were made.
(D) If copies of bills are furnished to the adverse party at least ten
days before trial, the bills for testing for parentage and for prenatal
and postnatal health care of the mother and child are prima facie
evidence that the charges billed were reasonable, necessary, and
customary and are admissible to prove the amount of those charges.
(E) Documentary evidence transmitted from another state to the
family court by telephone, telecopier, or other means that do not
provide an original writing may not be excluded from evidence on an
objection based on the means of transmission.
(F) The family court may permit a party or witness residing in
another state to testify by telephone conference at a designated tribunal
or other location in that state. The family court shall cooperate with
tribunals of other states in designating an appropriate location for a
telephone conference.
(G) If a party called to testify at a civil hearing declines to answer
on the ground that the testimony may tend to be incriminating, the
trier of fact may draw an adverse inference from the refusal to testify.
(H) A privilege against disclosure of spousal communications
between the parties does not apply in a proceeding under this
subarticle.
(I) A defense of immunity because of the relationship of husband
and wife or parent and child does not apply in a proceeding under this
subarticle.
Section 20-7-1105. The family court may communicate with a
tribunal of another state in writing or by telephone or other means to
obtain information concerning the laws of that state, the legal effect
of any judgment, decree, or order of that tribunal, and the status of
any proceeding in the other state.
Section 20-7-1110. The family court may:
(1) request a tribunal of another state to assist in obtaining
discovery; and
(2) upon request compel a person over whom it has jurisdiction to
respond to discovery orders issued by a tribunal of another state.
Section 20-7-1115. A support enforcement agency or the family
court shall disburse promptly any amounts received pursuant to a
support order as directed by the order. The agency or family court
shall furnish a requesting party or tribunal of another state with a
certified statement by the custodian of the record of the amounts and
dates of all payments received.
Section 20-7-1120. (A) If a support order entitled to recognition
under this subarticle has not been issued, the family court, as a
responding tribunal, or the family court in which a complaint has been
filed pursuant to Section 20-7-1010(B) may issue a support order if:
(1) the individual seeking the order resides in another state; or
(2) the support enforcement agency seeking the order is located
in another state.
(B) The family court may issue a temporary order if:
(1) the defendant has signed a verified statement acknowledging
paternity;
(2) the defendant has been determined pursuant to law to be the
parent; or
(3) there is other clear and convincing evidence that the
defendant is the child's parent.
(C) After notice and hearing, upon finding that an obligor owes a
duty of support, the family court shall issue a support order directed
to the obligor and may issue other orders pursuant to Section 20-7-1045.
Section 20-7-1125 (A) As a condition of doing business in this
State an employer shall comply with an income withholding order
issued in another state as if the order had been issued by the family
court of this State.
(B) Two copies of an income withholding order issued in another
state may be sent by first-class mail to the obligor's employer in this
State without first filing a proceeding or registering the order with the
family court.
(C) If an income withholding order appears regular on its face, the
employer shall:
(1) immediately provide a copy of the order to the obligor;
(2) follow the procedure for withholding income as if the order
had been issued by the family court; and
(3) distribute the funds as directed in the withholding order.
(D) An obligor may contest the validity or enforcement of an
income withholding order by requesting a hearing in family court not
later than twenty days after the first payment is withheld. If the
obligor requests a hearing to contest the order, the family court shall
schedule the matter for hearing and provide notice of the date, time,
and place of hearing by first-class mail to the obligor and the obligee
or other designated person. The procedure and grounds for contesting
the validity and enforcement of an income withholding order issued
in another state served directly on the employer are the same as those
available for contesting an income withholding order that has been
issued in this State. If enforcement of an income withholding order
issued in another state served directly on an employer is contested, the
rules provided by Section 20-7-1150 apply.
(E) The obligor shall give notice of the complaint to contest to the
support enforcement agency providing services to the obligee, if any,
and to:
(1) the person or agency designated to receive payments in the
income withholding order; or
(2) if no person or agency is designated, the obligee.
Part IV
Registration of Foreign Support Orders
Section 20-7-1130. (A) A party seeking to enforce a support order,
an income withholding order, or both, issued by a tribunal of another
state may send the documents required for registering the order to a
support enforcement agency of this State.
(B) On receipt of the documents the support enforcement agency,
without initially seeking to register the order, shall use any
administrative procedure available to enforce a support order, an
income withholding order, or both. If the obligor does not contest
administrative enforcement, the support order need not be registered.
If the obligor contests the validity or administrative enforcement of the
order by asserting a ground for contesting the order recognized by the
law of this State, the support enforcement agency shall register the
order pursuant to this subarticle.
Section 20-7-1135. A support order or an income withholding order
issued by a tribunal of another state may be registered in this State for
purposes of enforcement.
Section 20-7-1140. (A) A support order or income withholding
order of another state may be registered in this State by sending the
following documents and information to the Department of Social
Services:
(1) a letter of transmittal to the department requesting
registration and enforcement;
(2) two copies, including one certified copy, of all orders to be
registered, including any modification of an order; (3) a sworn
statement by the party seeking registration or a certified statement by
the custodian of the records showing the amount of any arrearage;
(4) the name of the obligor and, if known:
(a) the obligor's address and social security number;
(b) the name and address of the obligor's employer and any
source of income of the obligor; and
(c) a description and the location of property of the obligor
in this State not exempt from execution; and
(5) the name and address of the obligee and, if applicable, the
agency or person to whom support payments are to be remitted.
(B) On receipt of a request for registration the department shall
cause the order to be filed as a foreign judgment together with one
copy of the documents and information regardless of their form.
(C) A complaint seeking an enforcement remedy that must be
specifically pled under the law of this State may be filed at the same
time as the request for registration or at a later date. The complaint
shall set forth the express grounds that provide the basis for the
remedy sought.
Section 20-7-1145. (A) A support order or income withholding
order issued in another state is registered as of the filing of the order
in the Registry of Foreign Support.
(B) A registered order of another state has the same effect and is
subject to the same procedures and defenses as an order of this State
and may be enforced and satisfied in the same manner.
(C) Except as provided in Sections 20-7-1135 through 20-7-1190,
the family court shall recognize and enforce and may not modify a
registered order if the issuing tribunal had jurisdiction.
Section 20-7-1150. (A) The law of the issuing state governs the
nature, extent, amount, and duration of current payments and other
obligations of support and the payment of arrearages of a registered
support order.
(B) In a proceeding for arrearages the statute of limitations under
the laws of this State or of the issuing state, whichever is longer,
applies.
Section 20-7-1155. (A) The registering tribunal shall notify the
nonregistering party of the registration of a support order or income
withholding order issued in another state. Notice must be given by
first-class, certified, or registered mail or by any means of personal
service authorized by the law of this State. The notice must be
accompanied by a copy of the registered order and the documents and
relevant information accompanying the order.
(B) The notice must inform the nonregistering party:
(1) that a motion to contest the validity or enforcement of the
registered order must be filed within twenty days after the date of
mailing or personal service of the notice;
(2) of the amount of alleged arrearages, if any;
(3) that failure to contest the validity or enforcement of the
registered order in a timely manner will result in confirmation of the
order and enforcement of the order and the alleged arrearages and
precludes further contest of that order with respect to any matter that
could have been asserted; and
(4) that a registered order is enforceable as of the date of
registration in the same manner as a support order issued by the
family court.
(C) Upon registration of an income withholding order for purposes
of enforcement, the registering tribunal shall notify the obligor's
employer pursuant to the income withholding law of this State.
Section 20-7-1160. (A) A nonregistering party seeking to contest
the validity or enforcement of a registered order must request a
hearing within twenty days after the date of mailing or personal
service of notice of the registration. The nonregistering party may
seek to vacate the registration or to contest any aspect of the registered
order, the remedies being sought, or the amount of any alleged
arrearages pursuant to Section 20-7-1165.
(B) If the nonregistering party fails to contest the validity or
enforcement of the registered order in a timely manner, the order is
confirmed by operation of law.
(C) If a nonregistering party requests a hearing to contest the
validity or enforcement of the registered order, the registering tribunal
shall schedule the matter for hearing and give notice to the parties by
first-class mail of the date, time, and place of the hearing.
Section 20-7-1165. (A) A party contesting the validity or
enforcement of a registered order bears the burden of proving one or
more of the following defenses:
(1) the issuing tribunal lacked personal jurisdiction over the
contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or modified by a
later order;
(4) the issuing tribunal has stayed the order pending appeal; (5) there is a defense under the law of this State to the
enforcement remedy sought;
(6) full or partial payment has been made; or
(7) the statute of limitations under Section 20-7-1150 precludes
enforcement of any arrearages.
(B) If an obligor presents evidence establishing a full or partial
defense under subsection (A), a tribunal may stay enforcement of the
registered order, continue the proceeding to permit production of
additional relevant evidence, or issue other appropriate orders. Any
uncontested portion of the registered order may be enforced by all
remedies available under the law of this State.
(C) If the contesting party does not establish a defense under
subsection (A) to the registration of the order, the registering tribunal
shall issue an order confirming the order.
Section 20-7-1170. Confirmation of a registered order, whether by
operation of law or after notice and hearing, precludes further contest
of the order with respect to any matter that could have been asserted
at the time of registration.
Section 20-7-1175. A party or support enforcement agency seeking
to modify or to modify and enforce a child support order issued in
another state shall register that order in this State in the same manner
as provided in Sections 20-7-1135 through 20-7-1150. A complaint
setting forth the grounds for modification with specificity may be filed
at the same time as a request for registration and enforcement or at a
later time.
Section 20-7-1180. After a child support order of another state is
registered for purposes of modification, it may be enforced by the
family court in the same manner as a support order issued by the
family court, but the registered order may be modified only if the
requirements of Section 20-7-1185 are met.
Section 20-7-1185. (A) After a child support order of another state
has been registered in this State, the family court may modify that
order only if, after notice and hearing, it finds that:
(1) neither the child, the individual obligee, nor the obligor
reside in the issuing state, the nonresident plaintiff seeks modification,
and the defendant is subject to the jurisdiction of the family court; or
(2) a party who is a natural person or the child is subject to the
personal jurisdiction of the family court and all the parties who are
natural persons have filed an agreement in the issuing tribunal
providing that the family court may modify the support order and
assume continuing, exclusive jurisdiction over the order.
(B) A child support order registered for modification is subject to
the same requirements, procedures, and defenses applicable to the
modification of an order issued by the family court and may be
enforced and satisfied in the same manner.
(C) The family court may not modify any aspect of a child support
order that may not be modified under the law of the issuing state.
(D) On issuance of an order modifying a child support order issued
in another state, the family court becomes the tribunal of continuing,
exclusive jurisdiction.
(E) Within thirty days after issuance of a modified child support
order, the party obtaining the modification shall file a certified copy
of the order with the issuing tribunal which had continuing, exclusive
jurisdiction over the earlier order and in those tribunals in which that
party knows the earlier order has been registered.
Section 20-7-1190. The family court shall recognize a modification
of its earlier child support order by a tribunal of another state which
assumed jurisdiction pursuant to a law substantially similar to this
subarticle and upon request, except as otherwise provided in this
subarticle, shall:
(1) enforce arrearages and provide other appropriate relief for
violations of the modified order which occurred before the effective
date of the modification;
(2) enforce the modified order to the extent it was not superseded
by the modification; and
(3) recognize the modifying order of the other state, upon
registration, for the purpose of enforcement.
Section 20-7-1195. (A) The family court may serve as an initiating
or responding tribunal in a proceeding brought under this subarticle or
substantially similar law to determine that the plaintiff is a parent of
a particular child or to determine that a defendant is a parent of that
child. The proceeding may be brought without joining the child as a
party.
(B) Except as otherwise provided in Section 20-7-1200, the family
court shall apply the procedural and substantive law of this State,
including the rules on choice of law, generally applicable in a
proceeding to determine parentage.
Section 20-7-1200. (A) A proceeding to determine parentage under
this subarticle is a civil matter to be decided by a preponderance of the
evidence.
(B) The family court may, and to the extent otherwise required by
law upon request of a party shall, order the child and the alleged
mother or alleged father to submit to scientifically accepted testing for
parentage.
(C) If a defendant refuses to comply with an order for testing for
parentage, the family court may resolve the question of parentage
against the defendant. If a plaintiff refuses to comply with an order
for testing for parentage, the court shall dismiss the proceeding
without prejudice.
(D) A verified written report by an expert on parentage testing is
prima facie evidence of the truth of the facts asserted in it. If the
verified report shows the chain of custody of samples tested, it is
competent evidence to establish the chain.
(E) If the results of testing for parentage create a presumption of
parentage under the law of this State, upon motion the family court
shall order the presumed parent to pay temporary child support. The
family court also may order temporary support if the defendant has
signed a verified statement acknowledging parentage or there is other
clear and convincing evidence that the defendant is the particular
child's parent.
Section 20-7-1205. (A) For purposes of this section and Section
20-7-1210, `governor' includes an individual performing the functions
of governor or the executive authority of a state covered by this
subarticle.
(B) The Governor of this State may:
(1) demand that the governor of another state surrender an
individual found in the other state who is charged criminally in this
State with having failed to provide for the support of an obligee; or
(2) on the demand by the governor of another state, surrender
an individual found in this State who is charged criminally in the other
state with having failed to provide for the support of an obligee.
(C) A provision for extradition of criminals not inconsistent with
this subarticle applies to the demand even if the individual whose
surrender is demanded was not in the demanding state when the crime
was committed and has not fled from there.
Section 20-7-1210. (A) Before making demand that the governor
of another state surrender an individual charged criminally in this State
with having failed to provide for the support of an obligee, the
Governor of this State may require a prosecutor of this State to
demonstrate that at least sixty days previously the obligee had initiated
proceedings for support under this subarticle or that the proceeding
would be of no avail.
(B) If, under this subarticle or a substantially similar law, the
governor of another state makes a demand that the Governor of this
State surrender an individual charged criminally in that state with
having failed to provide for the support of an individual or child to
whom a duty of support is owed, the Governor may require a
prosecutor to investigate the demand and report whether a proceeding
for support has been initiated or would be effective. If it appears that
a proceeding would be effective but has not been initiated, the
Governor may delay honoring the demand for a reasonable time to
permit the initiation of a proceeding.
(C) If a proceeding for support has been initiated and the
individual demanded prevails, the Governor may decline to honor the
demand. If the plaintiff prevails and the individual whose extradition
is demanded is subject to a support order, the Governor may decline
to honor the demand if the individual demanded is complying with the
support order.
Section 20-7-1215. This subarticle must be applied and construed
to effectuate its general purpose to make uniform the law with respect
to the subject of this subarticle among states enacting it.
Section 20-7-1120. If a provision of this subarticle or its application
to an individual or circumstance is held invalid, the invalidity does not
affect other provisions or applications of this subarticle which can be
given effect without the invalid provision or application, and to this
end the provisions of this subarticle are severable."
SECTION 2. Section 15-35-910(1) of the 1976 Code, as added by
Act 80 of 1993, is amended to read:
"(1) `Foreign judgment' means a judgment, decree, or order
of a court of the United States or a court of another state which is
entitled to full faith and credit in this State, except a `support
order', as any orders as defined in Section 20-7-970 20-7-965 (the Uniform Reciprocal Enforcement
of Interstate Family Support Act) or a `custody decree',
as defined in Section 20-7-786 (the Uniform Child Custody
Jurisdiction Act)."
SECTION 3. The repeal or amendment by this act of any law,
whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release, or extinguish any penalty, forfeiture, or liability
incurred under the repealed or amended law, unless the repealed or
amended provision so expressly provides. After the effective date of
this act, all laws repealed or amended by this act must be taken and
treated as remaining in full force and effect for the purpose of
sustaining any pending or vested right, civil action, special proceeding,
criminal prosecution, or appeal existing as of the effective date of this
act and for the enforcement of rights, duties, penalties, forfeitures, and
liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect July 1, 1994.
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