Legislation
SECTION 580-704
Initiation by state support enforcement agencies of support proceeding under Convention
Family Court Act (FCT) CHAPTER 686, ARTICLE 5-B, PART 7
§ 580-704. Initiation by state support enforcement agencies of support
proceeding under Convention. (a) In a support proceeding under this
part, the support enforcement agencies of this state shall:
(1) transmit and receive applications; and
(2) initiate or facilitate the institution of a proceeding regarding
an application in a tribunal of this state.
(b) The following support proceedings are available to an obligee
under the Convention:
(1) recognition or recognition and enforcement of a foreign support
order;
(2) enforcement of a support order issued or recognized in this state;
(3) establishment of a support order if there is no existing order,
including, if necessary, determination of parentage of a child;
(4) establishment of a support order if recognition of a foreign
support order is refused under paragraph two, four or nine of
subdivision (b) of section 580-708 of this part;
(5) modification of a support order of a tribunal of this state; and
(6) modification of a support order of a tribunal of another state or
a foreign country.
(c) The following support proceedings are available under the
Convention to an obligor against which there is an existing support
order:
(1) recognition of an order suspending or limiting enforcement of an
existing support order of a tribunal of this state;
(2) modification of a support order of a tribunal of this state; and
(3) modification of a support order of a tribunal of another state or
a foreign country.
(d) A tribunal of this state may not require security, bond or
deposit, however described, to guarantee the payment of costs and
expenses in proceedings under the Convention.
proceeding under Convention. (a) In a support proceeding under this
part, the support enforcement agencies of this state shall:
(1) transmit and receive applications; and
(2) initiate or facilitate the institution of a proceeding regarding
an application in a tribunal of this state.
(b) The following support proceedings are available to an obligee
under the Convention:
(1) recognition or recognition and enforcement of a foreign support
order;
(2) enforcement of a support order issued or recognized in this state;
(3) establishment of a support order if there is no existing order,
including, if necessary, determination of parentage of a child;
(4) establishment of a support order if recognition of a foreign
support order is refused under paragraph two, four or nine of
subdivision (b) of section 580-708 of this part;
(5) modification of a support order of a tribunal of this state; and
(6) modification of a support order of a tribunal of another state or
a foreign country.
(c) The following support proceedings are available under the
Convention to an obligor against which there is an existing support
order:
(1) recognition of an order suspending or limiting enforcement of an
existing support order of a tribunal of this state;
(2) modification of a support order of a tribunal of this state; and
(3) modification of a support order of a tribunal of another state or
a foreign country.
(d) A tribunal of this state may not require security, bond or
deposit, however described, to guarantee the payment of costs and
expenses in proceedings under the Convention.