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Part 7 - Article 5B - Family Court

SUPPORT PROCEEDINGS UNDER CONVENTION

Section Description
580-701 Definitions.
580-702 Applicability.
580-703 Relationship of office of temporary and disability assistance to United States central authority.
580-704 Initiation by state support enforcement agencies of support proceeding under Convention.
580-705 Direct request.
580-706 Registration of Convention support order.
580-707 Contest of registered Convention support order.
580-708 Recognition and enforcement of registered Convention support order.
580-709 Partial enforcement.
580-710 Foreign support agreement.
580-711 Modification of Convention child support order.
580-712 Personal information; limit on use.
580-713 Record in original language; English translation.
  S 580-701. Definitions. In this part:
    1. "Application" means a request under the Convention by an obligee or
  obligor,  or  on behalf of a child, made through a central authority for
  assistance from another central authority.
    2. "Central authority" means  the  entity  designated  by  the  United
  States  or  a foreign country described in paragraph (iv) of subdivision
  five of section  580-102  of  this  article  to  perform  the  functions
  specified in the Convention.
    3. "Convention support order" means a support order of a tribunal of a
  foreign  country  described  in  paragraph  (iv)  of subdivision five of
  section 580-102 of this article.
    4. "Direct request" means a petition  filed  by  an  individual  in  a
  tribunal  of this state in a proceeding involving an obligee, obligor or
  child residing outside the United States.
    5. "Foreign central  authority"  means  the  entity  designated  by  a
  foreign  country  described  in  paragraph  (iv)  of subdivision five of
  section 580-102 of this article to perform the  functions  specified  in
  the Convention.
    6. "Foreign support agreement":
    (i) means an agreement for support in a record that:
    (a) is enforceable as a support order in the country of origin;
    (b) has been:
    (A)  formally  drawn  up or registered as an authentic instrument by a
  foreign tribunal; or
    (B) authenticated by, or concluded, registered or filed with a foreign
  tribunal; and
    (c) may be reviewed and modified by a foreign tribunal; and
    (ii) includes a maintenance arrangement or authentic instrument  under
  the convention.
    7. "United States central authority" means the secretary of the United
  States department of health and human services.

  S 580-702. Applicability.  This  part  applies  only  to  a  support
  proceeding under the Convention. In such a proceeding, if a provision of
  this part is inconsistent with parts one through six  of  this  article,
  this part controls.

  S 580-703. Relationship  of  office  of  temporary  and  disability
  assistance to United States central authority. The office  of  temporary
  and  disability assistance is recognized as the agency designated by the
  United States central authority to perform specific functions under  the
  Convention;  provided,  however, that a social services district of this
  state may perform any function authorized under state law.

  S 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.

  S 580-705. Direct request. (a) A petitioner may file a direct request
  seeking  establishment  or  modification   of   a   support   order   or
  determination  of  parentage  of  a child. In the proceeding, the law of
  this state applies.
    (b) A petitioner may file a direct  request  seeking  recognition  and
  enforcement  of a support order or support agreement. In the proceeding,
  sections 580-706 through 580-713 of this part apply.
    (c)  In  a  direct  request  for  recognition  and  enforcement  of  a
  Convention support order or foreign support agreement:
    (1)  a  security,  bond  or  deposit  is not required to guarantee the
  payment of costs and expenses; and
    (2) an obligee or obligor that in the issuing  country  has  benefited
  from  free legal assistance is entitled to benefit, at least to the same
  extent, from any free legal assistance provided for by the law  of  this
  state under the same circumstances.
    (d) A petitioner filing a direct request is not entitled to assistance
  from the state child support agencies.
    (e)  This  part does not prevent the application of laws of this state
  that provide simplified,  more  expeditious  rules  regarding  a  direct
  request  for  recognition  and enforcement of a foreign support order or
  foreign support agreement.

  S 580-706. Registration  of  Convention support order. (a) Except as
  otherwise provided in this part, a party  who  is  an  individual  or  a
  support  enforcement  agency seeking recognition of a Convention support
  order shall register the order in this state as provided in part six  of
  this article.
    (b)  Notwithstanding  section  580-311  and subdivision (a) of section
  580-602 of this article, a request  for  registration  of  a  Convention
  support order must be accompanied by:
    (1)  a complete text of the support order or an abstract or extract of
  the support order drawn up by the issuing foreign tribunal, which may be
  in the form recommended by the Hague Conference on Private International
  Law;
    (2) a record stating that the support  order  is  enforceable  in  the
  issuing country;
    (3)  if  the  respondent did not appear and was not represented in the
  proceedings in the issuing country, a record attesting, as  appropriate,
  either  that  the respondent had proper notice of the proceedings and an
  opportunity to be heard or that the respondent had proper notice of  the
  support order and an opportunity to be heard in a challenge or appeal on
  fact or law before a tribunal;
    (4)  a  record showing the amount of arrears, if any, and the date the
  amount was calculated;
    (5) a record showing a requirement for  automatic  adjustment  of  the
  amount  of  support,  if  any, and the information necessary to make the
  appropriate calculations; and
    (6) if necessary, a record showing the extent to which  the  applicant
  received free legal assistance in the issuing country.
    (c)  A request for registration of a Convention support order may seek
  recognition and partial enforcement of the order.
    (d) A tribunal  of  this  state  may  vacate  the  registration  of  a
  Convention  support  order without the filing of a contest under section
  580-707 of this part only if, acting on its  own  motion,  the  tribunal
  finds  that recognition and enforcement of the order would be manifestly
  incompatible with public policy.
    (e) The tribunal shall promptly notify the parties of the registration
  or the order vacating the registration of a Convention support order.

  S 580-707. Contest of registered Convention support order. (a) Except
  as otherwise provided in this part, sections 580-605 through 580-608  of
  this  article  apply  to  a  contest  of a registered Convention support
  order.
    (b) A party contesting a registered  Convention  support  order  shall
  file  a  contest  not  later  than  thirty  days  after  notice  of  the
  registration, but if the contesting party does not reside in the  United
  States, the contest must be filed not later than sixty days after notice
  of the registration.
    (c)  If  the  nonregistering  party  fails  to  contest the registered
  Convention support order by the time specified  in  subdivision  (b)  of
  this section, the order is enforceable.
    (d)  A  contest  of a registered Convention support order may be based
  only on  grounds  set  forth  in  section  580-708  of  this  part.  The
  contesting party bears the burden of proof.
    (e)  In a contest of a registered Convention support order, a tribunal
  of this state:
    (1) is bound by the findings of fact on  which  the  foreign  tribunal
  based its jurisdiction; and
    (2) may not review the merits of the order.
    (f)  A  tribunal  of  this  state  deciding  a contest of a registered
  Convention support order  shall  promptly  notify  the  parties  of  its
  decision.
    (g)  A challenge or appeal, if any, does not stay the enforcement of a
  Convention support order unless there are exceptional circumstances.

  S 580-708. Recognition  and  enforcement  of  registered  Convention
  support order. (a) Except as otherwise provided in  subdivision  (b)  of
  this  section,  a  tribunal  of this state shall recognize and enforce a
  registered Convention support order.
    (b) The following grounds are the only grounds on which a tribunal  of
  this  state  may  refuse  recognition  and  enforcement  of a registered
  Convention support order:
    (1)  recognition  and  enforcement  of   the   order   is   manifestly
  incompatible  with  public  policy, including the failure of the issuing
  tribunal to observe minimum standards  of  due  process,  which  include
  notice and an opportunity to be heard;
    (2)  the issuing tribunal lacked personal jurisdiction consistent with
  section 580-201 of this article;
    (3) the order is not enforceable in the issuing country;
    (4) the order was obtained by fraud in connection  with  a  matter  of
  procedure;
    (5)  a  record  transmitted in accordance with section 580-706 of this
  part lacks authenticity or integrity;
    (6) a proceeding between the same parties and having the same  purpose
  is  pending  before a tribunal of this state and that proceeding was the
  first to be filed;
    (7) the order  is  incompatible  with  a  more  recent  support  order
  involving  the  same  parties  and  having  the same purpose if the more
  recent support order is entitled to recognition  and  enforcement  under
  this article in this state;
    (8)  payment, to the extent alleged arrears have been paid in whole or
  in part;
    (9) in a case  in  which  the  respondent  neither  appeared  nor  was
  represented in the proceeding in the issuing foreign country:
    (i)  if  the  law  of  that  country  provides  for  prior  notice  of
  proceedings,  the  respondent  did  not  have  proper  notice   of   the
  proceedings and an opportunity to be heard; or
    (ii)  if  the law of that country does not provide for prior notice of
  the proceedings, the respondent did not have proper notice of the  order
  and  an  opportunity to be heard in a challenge or appeal on fact or law
  before a tribunal; or
    (10) the order was made in violation of section 580-711 of this part.
    (c) If a tribunal of  this  state  does  not  recognize  a  Convention
  support  order  under  paragraph two, four or nine of subdivision (b) of
  this section:
    (1) the tribunal may not dismiss the  proceeding  without  allowing  a
  reasonable  time  for  a  party  to  request  the establishment of a new
  Convention support order; and
    (2) the state child support agency shall take all appropriate measures
  to request a child support order for the obligee if the application  for
  recognition  and  enforcement was received under section 580-704 of this
  part.

  S 580-709. Partial enforcement. If a tribunal of this state does not
  recognize and enforce a Convention support order  in  its  entirety,  it
  shall  enforce any severable part of the order. An application or direct
  request may seek recognition and partial  enforcement  of  a  Convention
  support order.

  S 580-710. Foreign support agreement. (a) Except as otherwise provided
  in  subdivisions  (c)  and (d) of this section, a tribunal of this state
  shall recognize and enforce a foreign support  agreement  registered  in
  this state.
    (b)  An  application or direct request for recognition and enforcement
  of a foreign support agreement must be accompanied by:
    (1) a complete text of the foreign support agreement; and
    (2) a record stating that the foreign support agreement is enforceable
  as an order of support in the issuing country.
    (c) A tribunal of this state may vacate the registration of a  foreign
  support  agreement only if, acting on its own motion, the tribunal finds
  that recognition and enforcement would be manifestly  incompatible  with
  public policy.
    (d)  In  a  contest of a foreign support agreement, a tribunal of this
  state may refuse recognition and enforcement  of  the  agreement  if  it
  finds:
    (1)  recognition  and  enforcement  of  the  agreement  is  manifestly
  incompatible with public policy;
    (2) the agreement was obtained by fraud or falsification;
    (3) the agreement is incompatible with a support order  involving  the
  same  parties  and having the same purpose in this state, another state,
  or a foreign country if the support order is entitled to recognition and
  enforcement under this article in this state; or
    (4) the record submitted under subdivision (b) of this  section  lacks
  authenticity or integrity.
    (e)  A proceeding for recognition and enforcement of a foreign support
  agreement must be suspended during the pendency of  a  challenge  to  or
  appeal  of the agreement before a tribunal of another state or a foreign
  country.

  S 580-711. Modification  of  Convention  child  support order. (a) A
  tribunal of this state may not modify a Convention child  support  order
  if  the  obligee  remains  a  resident  of the foreign country where the
  support order was issued unless:
    (1) the obligee submits to the jurisdiction  of  a  tribunal  of  this
  state,  either  expressly  or  by  defending  on  the merits of the case
  without  objecting  to  the  jurisdiction   at   the   first   available
  opportunity; or
    (2)  the foreign tribunal lacks or refuses to exercise jurisdiction to
  modify its support order or issue a new support order.
    (b) If a tribunal of this state does not  modify  a  Convention  child
  support  order  because  the  order  is  not  recognized  in this state,
  subdivision (c) of section 580-708 of this part applies.

  S 580-712. Personal  information; limit on use. Personal information
  gathered or transmitted under  this  part  may  be  used  only  for  the
  purposes for which it was gathered or transmitted.

  S 580-713. Record in original language; English translation. A record
  filed with a tribunal of this state under  this  part  must  be  in  the
  original  language  and,  if  not  in English, must be accompanied by an
  English translation.

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