Current through 2024 Legislative Session
Section 14-12.2-47.4 - (704) Initiation by department of health and human services of support proceeding under convention1. In a support proceeding under the convention, the department of health and human services of this state shall:a. Transmit and receive applications; andb. Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.2. The following support proceedings are available to an obligee under the convention: a. Recognition or recognition and enforcement of a foreign support order;b. Enforcement of a support order issued or recognized in this state;c. Establishment of a support order if there is no existing order, including, where necessary, determination of parentage of a child;d. Establishment of a support order if recognition of a foreign support order is refused under subdivision b, d, or i of subsection 2 of section 14-12.2-47.8;e. Modification of a support order of a tribunal of this state; andf. Modification of a support order of a tribunal of another state or foreign country.3. The following support proceedings are available under the convention to an obligor against whom there is an existing support order: a. Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;b. Modification of a support order of a tribunal of this state; andc. Modification of a support order of a tribunal of another state or foreign country.Amended by S.L. 2021, ch. 352 (HB 1247),§ 44, eff. 9/1/2022.Effective date amended to 7/1/2015 by S.L. 2015, ch. 126 (HB 1111),§ 13, eff. 4/15/2015.Amended by S.L. 2015, ch. 62 (SB 2053),§ 3, eff. 8/1/2015.Effective on the date the department of human services certifies to the legislative council that the Hague convention on the international recovery of child support and other forms of family maintenance is ratified and that the United States deposited its instrument of ratification.