South Carolina General Assembly
110th Session, 1993-1994

Bill 1316


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    1316
Primary Sponsor:                Courtney
Committee Number:               11
Type of Legislation:            GB
Subject:                        Uniform Interstate Family
                                Support Act
Residing Body:                  Senate
Current Committee:              Judiciary
Companion Bill Number:          4844
Computer Document Number:       CYY/15956AC.94
Introduced Date:                19940330    
Last History Body:              Senate
Last History Date:              19940330    
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Courtney
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

1316  Senate  19940330      Introduced, read first time,    11
                            referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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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