Section 25-9C-801 – Grounds for rendition.
25-9C-801. Grounds for rendition. (a) For purposes of this Article, Governor, includes an individual performing the functions of Governor or the executive authority of a state covered by this chapter. (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 […]
Section 25-9C-802 – Conditions for rendition.
25-9C-802. Conditions for rendition. (a) Before making a 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 […]
Section 25-9C-901 – Uniformity of application and construction.
25-9C-901. Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2015, ch 148, §901.
Section 25-9C-902 – Transitional provision.
25-9C-902. Transitional provision. The provisions of this chapter apply to proceedings begun on or after July 1, 2015 to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered. Source: SL 2015, ch 148, §902.
Section 25-9C-702 – Applicability.
25-9C-702. Applicability. The provisions of this Article apply only to a support proceeding under the Convention. In such a proceeding, if a provision of this Article is inconsistent with Articles 1 to 6, inclusive, this Article controls. Source: SL 2015, ch 148, §702.
Section 25-9C-903 – Severability.
25-9C-903. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Source: SL […]
Section 25-9C-703 – Relationship of department to United States central authority.
25-9C-703. Relationship of department to United States central authority. The Department of Social Services of this state is recognized as the agency designated by the United States central authority to perform specific functions under the Convention. Source: SL 2015, ch 148, §703.
Section 25-10-1 – Definitions.
25-10-1. Definitions. Terms used in this chapter mean: (1)”Domestic abuse,” physical harm, bodily injury, or attempts to cause physical harm or bodily injury, or the infliction of fear of imminent physical harm or bodily injury when occurring between persons in a relationship described in §25-10-3.1. Any violation of §25-10-13 or chapter 22-19A or any crime […]
Section 25-9C-704 – Initiation by department of support proceeding under Convention.
25-9C-704. Initiation by department of support proceeding under Convention. (a) In a support proceeding pursuant to this Article, the Department of Social Services 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 […]
Section 25-10-2 – Application for relief–Filing–Venue.
25-10-2. Application for relief–Filing–Venue. An application for relief under this chapter may be filed in circuit court or in a magistrate court with a magistrate judge presiding. Venue lies where any party to the proceedings resides. Source: SL 1981, ch 198, §2; SL 1997, ch 118, §2.