Section 25-9C-101 – Short title.
25-9C-101. Short title. This chapter may be cited as the Uniform Interstate Family Support Act. Source: SL 2015, ch 148, §101.
Section 25-9C-102 – Definitions.
25-9C-102. Definitions. Terms used in this chapter mean: (1)”Child,” an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent; (2)”Child support […]
Section 25-9C-103 – State tribunals and support enforcement agency.
25-9C-103. State tribunals and support enforcement agency. (a) The Department of Social Services and the Unified Judicial System are the tribunals of this state. (b) The Department of Social Services is the support enforcement agency of this state. Source: SL 2015, ch 148, §103.
Section 25-9C-104 – Remedies cumulative.
25-9C-104. Remedies cumulative. (a) Remedies provided pursuant to this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (b) The provisions of this chapter do not: (1)Provide the exclusive method of establishing or enforcing a support order […]
Section 25-9C-105 – Application to resident of foreign country and foreign support proceeding.
25-9C-105. Application to resident of foreign country and foreign support proceeding. (a) A tribunal of this state shall apply Articles 1 to 6, inclusive, and, as applicable, Article 7, to a support proceeding involving: (1)A foreign support order; (2)A foreign tribunal; or (3)An obligee, obligor, or child residing in a foreign country. (b) A tribunal […]
Section 25-9C-201 – Bases for jurisdiction over nonresident.
25-9C-201. Bases for jurisdiction over nonresident. (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if: (1)The individual is personally served with notice within this state; (2)The […]
Section 25-9C-202 – Duration of personal jurisdiction.
25-9C-202. Duration of personal jurisdiction. Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order […]
Section 25-9C-203 – Initiating and responding tribunal of state.
25-9C-203. Initiating and responding tribunal of state. Pursuant to this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country. Source: SL 2015, ch 148, §203.
Section 25-9C-204 – Simultaneous proceedings.
25-9C-204. Simultaneous proceedings. (a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if: (1)The petition or comparable pleading in this state is filed before the expiration of the time […]
Section 25-9C-205 – Continuing, exclusive jurisdiction to modify child support order.
25-9C-205. Continuing, exclusive jurisdiction to modify child support order. (a) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and: (1)At the time of the […]
Section 25-9C-206 – Continuing jurisdiction to enforce child support order.
25-9C-206. Continuing jurisdiction to enforce child support order. (a) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce: (1)The order if the order is the controlling order and has not […]
Section 25-9C-207 – Determination of controlling child support order.
25-9C-207. Determination of controlling child support order. (a) If a proceeding is brought pursuant to this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized. (b) If a proceeding is brought pursuant to this chapter, and two or more child support orders have […]
Section 25-9C-208 – Child support order for two or more obligees.
25-9C-208. Child support order for two or more obligees. In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a […]
Section 25-9C-209 – Credit for payments.
25-9C-209. Credit for payments. A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state, or a foreign […]
Section 25-9C-210 – Application to nonresident subject to personal jurisdiction.
25-9C-210. Application to nonresident subject to personal jurisdiction. A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding pursuant to this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to §25-9C-316, communicate with […]
Section 25-9C-211 – Continuing, exclusive jurisdiction to modify spousal support order.
25-9C-211. Continuing, exclusive jurisdiction to modify spousal support order. (a) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (b) A tribunal of this state may not modify a spousal […]
Section 25-9C-301 – Proceedings under this chapter.
25-9C-301. Proceedings under this chapter. (a) Except as otherwise provided in this chapter, this Article applies to all proceedings pursuant to this chapter. (b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized pursuant to this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal […]
Section 25-9C-302 – Proceeding by minor parent.
25-9C-302. Proceeding by minor parent. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child. Source: SL 2015, ch 148, §302.
Section 25-9C-303 – Application of law of state.
25-9C-303. Application of law of state. Except as otherwise provided in this chapter, a responding tribunal of this state shall: (1)Apply the procedural and substantive 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 […]
Section 25-9C-304 – Duties of initiating tribunal.
25-9C-304. Duties of initiating tribunal. (a) Upon the filing of a petition authorized pursuant to this chapter, an initiating tribunal of this state shall forward the petition 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 […]