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§ 401. Proceedings under subchapter

(a) Except as otherwise provided in this subchapter, this article applies to all proceedings under this subchapter. (b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this subchapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a […]

§ 402. 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.

§ 403. Application of law of the Virgin Islands

Except as otherwise provided in this subchapter, a responding tribunal of the Virgin Islands shall: (1) apply the procedural and substantive law generally applicable to similar proceedings originating in the Virgin Islands and may exercise all powers and provide all remedies available in those proceedings; and (2) determine the duty of support and the amount […]

§ 404. Duties of the initiating tribunal

(a) Upon the filing of a petition authorized by this subchapter, an initiating tribunal of the Virgin Islands 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 the state information […]

§ 405. Duties and powers of responding tribunal

(a) When a responding tribunal of the Virgin Islands receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 405(b), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (b) A responding tribunal of the Virgin Islands, to the […]

§ 406. Inappropriate tribunal

If a petition or comparable pleading is received by an inappropriate tribunal of the Virgin Islands, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal the Virgin Islands or another state and notify the petitioner where and when the pleading was sent.

§ 407. Duties of support enforcement agency

(a) The Division of Paternity and Child Support, as the support enforcement agency, upon request, shall provide services to a petitioner in a proceeding under this subchapter. (b) The Division of Paternity and Child Support when providing services to the petitioner shall: (1) take all steps necessary to enable an appropriate tribunal of the Virgin […]

§ 408. Duty of the Attorney General of the Virgin Islands

(a) If the Attorney General of the Virgin Islands determines that the Division of Paternity and Child Support is neglecting or refusing to provide services to an individual, the Attorney General may order the Division of Paternity and Child Support to perform its duties under this subchapter or may provide those services directly to the […]

§ 409. Private counsel

An individual may employ private counsel to represent the individual in proceedings authorized by this subchapter.

§ 410. Duties of the Virgin Islands Information Agency

(a) The Division of Paternity and Child Support, is the Virgin Islands Central Registry and Information Agency under this subchapter. (b) The Division of Paternity and Child Support as the Information Agency shall: (1) compile and maintain a current list, including addresses, of the tribunals in the Virgin Islands which have jurisdiction under this subchapter […]

§ 411. Pleadings and accompanying documents

(a) In a proceeding under this subchapter a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under section 412, the petition or accompanying documents must […]

§ 412. Nondisclosure of information on exceptional circumstances

If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a […]

§ 413. Costs and fees

(a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal of the Virgin Islands may assess against an obligor filing fees, reasonable attorney’s fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee’s witnesses. The […]

§ 414. Limited immunity of petitioner

(a) Participation by a petitioner in a proceeding under this subchapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (b) A petitioner is not amenable to service of civil process while physically present […]

§ 415. Nonparentage as defense

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this subchapter.

§ 416. Special rules of evidence and procedure

(a) The physical presence of a nonresident party who is an individual in a tribunal of the Virgin Islands is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. (b) An affidavit, a document substantially complying with federally mandated forms, or […]

§ 417. Communications between tribunals

A tribunal of the Virgin Islands may communicate with a tribunal outside the Virgin Islands in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of the Virgin […]

§ 418. Assistance with discovery

A tribunal of the Virgin Islands may: (1) request a tribunal outside the Virgin Islands to assist in obtaining discovery; and (2) upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside the Virgin Islands.

§ 419. Receipt and disbursement of payments

(a) A support enforcement agency or tribunal of the Virgin Islands shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record […]