Reference is to the bill as introduced.
Amend the bill, as and if amended, SECTION 1, pages 6-7, by striking Section 63-17-3010 and inserting:
/ Section 63-17-3010.
(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 and a
summons within this State;
(2)
the individual submits to the jurisdiction of this State
by consent, by entering a general appearance, or by filing a
responsive document having the effect of waiving any contest to
personal jurisdiction;
(3)
the individual resided with the child in this State;
(4)
the individual resided in this State and provided prenatal
expenses or support for the child;
(5)
the child resides in this State as a result of the acts or
directives of the individual;
(6)
the individual engaged in sexual intercourse in this State
and the child may have been conceived by that act of
intercourse;
(7)
the individual asserted parentage of a child in the
putative father registry maintained in this State by the
Department of Social Services; or
(8)
there is any other basis consistent with the constitutions
of this State and the United States for the exercise of personal
jurisdiction.
(B) The bases of
personal jurisdiction set forth in subsection (A) or in any
other law of this State may not be used to acquire personal
jurisdiction for a tribunal of the this
State to modify a child-support order of another state
unless the requirements of Section 63-17-3830 or 63-17-3870 are
met, or in the case of a foreign support order, unless the
requirements of Section 63-17-3870 are met. /
Amend the bill further, as and if amended, SECTION 1, pages 13-15, by striking Section 63-17-3270 and inserting:
/ Section 63-17-3270.
(A) A support enforcement
agency of this State, upon request, shall provide services to a
petitioner in a proceeding under this article. In a
proceeding under this article, a support enforcement agency of
this State, upon request:
(1)
shall provide services to a petitioner residing
in a state;
(2)
shall provide services to a petitioner
requesting services through a central authority of a foreign
country as described in Section 63-17-2910(5)(a) or (5)(d);
and
(3)
may provide services to a petitioner who is an
individual not residing in a state.
(B) A support
enforcement agency of this State that is providing services to
the petitioner shall:
(1)
take all steps necessary to enable an appropriate tribunal
in of this State,
or another state, or a foreign country
to obtain jurisdiction over the respondent;
(2)
request an appropriate tribunal to set a date, time, and
place for a hearing;
(3)
make a reasonable effort to obtain all relevant
information, including information as to income and property of
the parties;
(4)
within two days, exclusive of Saturdays, Sundays, and
legal holidays, after receipt of a written
notice in a record from an initiating, responding, or
registering tribunal, send a copy of the notice to the
petitioner;
(5)
within two days, exclusive of Saturdays, Sundays, and
legal holidays, after receipt of a written
communication in a record from the respondent or the
respondent's attorney, send a copy of the communication to the
petitioner; and
(6)
notify the petitioner if jurisdiction over the respondent
cannot be obtained.
(C) A support
enforcement agency of this State that requests registration of a
child-support order in this State for enforcement or for
modification shall make reasonable efforts:
(1)
to ensure that the order to be registered is the
controlling order; or
(2)
if two or more child-support orders exist and the identity
of the controlling order has not been determined, to ensure that
a request for such a determination is made in a tribunal having
jurisdiction to do so.
(D) A support
enforcement agency of this State that requests registration and
enforcement of a support order, arrears, or judgment stated in a
foreign currency shall convert the amounts stated in the foreign
currency into the equivalent amounts in dollars under the
applicable official or market exchange rate as publicly
reported.
(E) A support
enforcement agency of this State shall issue or request a
tribunal of this State to issue a child-support order and an
income-withholding order that redirect payment of current
support, arrears, and interest if requested to do so by a
support enforcement agency of another state pursuant to Section
63-17-3390 of the Uniform Interstate Family Support
Act.
(F) This article does
not create or negate a relationship of attorney and client or
other fiduciary relationship between a support enforcement
agency or the attorney for the agency and the individual being
assisted by the agency. /
Amend the bill further, as and if amended, SECTION 1, page 22, by striking Section 63-17-3570 and inserting:
/ Section 63-17-3570.
(A) A party or support enforcement
agency seeking to enforce a support order or an
income-withholding order, or both, issued by a tribunal
of in another state or a foreign support
order may send the documents required for registering the
order to a support enforcement agency of this State.
(B) Upon receipt of the
documents, the support enforcement agency, without initially
seeking to register the order, shall consider and, if
appropriate, use any administrative procedure authorized by the
law of this State to enforce a support order or an
income-withholding order, or both. If the obligor does not
contest administrative enforcement, the order need not be
registered. If the obligor contests the validity or
administrative enforcement of the order, the support enforcement
agency shall register the order pursuant to this article.
/
Amend the bill further, as and if amended, SECTION 1, page 22, by striking Section 63-17-3610 and inserting:
/ Section 63-17-3610. A
support order or income-withholding order issued
by in a tribunal of another state or
a foreign support order may be registered in this State for
enforcement. /
Amend the bill further, as and if amended, SECTION 1, pages 22-23, by striking Section 63-17-3620 and inserting:
/ Section 63-17-3620.
(A) A Except as
provided in Section 63-17-3935, a support order or
income-withholding order of another state or a foreign
support order may be registered in this State by sending the
following records and information to the
Department of Social Services:
(1)
a letter of transmittal to the tribunal requesting
registration and enforcement;
(2)
two copies, including one certified copy, of the order to
be registered, including any modification of the order;
(3)
a sworn statement by the person requesting registration or
a certified statement by the custodian of the records showing
the amount of any arrearage;
(4)
the name of the obligor and, if known:
(a)
the obligor's address and social security number;
(b)
the name and address of the obligor's employer and any
other source of income of the obligor; and
(c)
a description and the location of property of the obligor
in this State not exempt from execution; and
(5)
except as otherwise provided in Section 63-17-3320, the
name and address of the obligee and, if applicable, the person
to whom support payments are to be remitted.
(B) On receipt of a
request for registration, the registering tribunal shall cause
the order to be filed as a foreign judgment, together
with one copy of the documents and information an
order of a tribunal of another state or a foreign support order,
together with one copy of the documents and information,
regardless of their form.
(C) A petition or
comparable pleading seeking a remedy that must be affirmatively
sought under other law of this State may be filed at the same
time as the request for registration or later. The pleading must
specify the grounds for the remedy sought.
(D) If two or more
orders are in effect, the person requesting registration
shall:
(1)
furnish to the tribunal a copy of every support order
asserted to be in effect in addition to the documents specified
in this section;
(2)
specify the order alleged to be the controlling order, if
any; and
(3)
specify the amount of consolidated arrears, if any.
(E) A request for a
determination of which is the controlling order may be filed
separately or with a request for registration and enforcement or
for registration and modification. The person requesting
registration shall give notice of the request to each party
whose rights may be affected by the determination.
/
Amend the bill further, as and if amended, SECTION 1, pages 23-24, by striking Section 63-17-3630 and inserting:
/ Section 63-17-3630.
(A) A support order or
income-withholding order issued in another state or a foreign
support order is registered when the order is filed in the
registering tribunal of this State.
(B) A registered
support order issued in another state or a foreign
country is enforceable in the same manner and is subject to
the same procedures as an order issued by a tribunal of this
State.
(C) Except as otherwise
provided in this part, a tribunal of this State shall recognize
and enforce, but may not modify, a registered order if the
issuing tribunal had jurisdiction.
/
Amend the bill further, as and if amended, SECTION 1, pages 24-25, by striking Section 63-17-3710 and inserting:
/ Section 63-17-3710.
(A) When a support order or
income-withholding order issued in another state or a foreign
support order is registered, the registering tribunal of
this State shall notify the nonregistering party. Notice
must be given by first-class, certified, or registered mail or
by any means of personal service authorized by the law of this
State. The notice must be accompanied by a copy of the
registered order and the documents and relevant information
accompanying the order.
(B) A notice must
inform the nonregistering party:
(1)
that a registered order is enforceable as of the date of
registration in the same manner as an order issued by a tribunal
of this State;
(2)
that a hearing to contest the validity or enforcement of
the registered order must be requested within twenty days after
notice unless the registered order is under Section
63-17-3940;
(3)
that failure to contest the validity or enforcement of the
registered order in a timely manner will result in confirmation
of the order and enforcement of the order and the alleged
arrearages; and
(4)
of the amount of any alleged arrearages.
(C) If the registering
party asserts that two or more orders are in effect, a notice
also must:
(1)
identify the two or more orders and the order alleged by
the registering person party to be the
controlling order and the consolidated arrears, if any;
(2)
notify the nonregistering party of the right to a
determination of which is the controlling order;
(3)
state that the procedures provided in subsection (B) apply
to the determination of which is the controlling order; and
(4)
state that failure to contest the validity or enforcement
of the order alleged to be the controlling order in a timely
manner may result in confirmation that the order is the
controlling order.
(D) Upon registration
of an income-withholding order for enforcement, the support
enforcement agency or the registering tribunal shall notify
the obligor's employer pursuant to Articles 11, 13, and 15.
/
Amend the bill further, as and if amended, SECTION 1, page 29, by striking Section 63-17-3870 and inserting:
/ Section 63-17-3870.
(A) If Except as
otherwise provided in Section 63-17-3960, if a foreign
country or political subdivision that is a state will
not or may not modify its order lacks or refuses to
exercise jurisdiction to modify its child-support order
pursuant to its laws, a tribunal of this State may assume
jurisdiction to modify the child-support order and bind all
individuals subject to the personal jurisdiction of the tribunal
whether or not the consent to modification of a child-support
order otherwise required of the individual pursuant to Section
63-17-3830 has been given or whether the individual seeking
modification is a resident of this State or of the foreign
country or political subdivision.
(B) An order issued
by a tribunal of this State modifying a foreign child-support
order pursuant to this section is the controlling order.
/
Renumber sections to conform. Amend title to conform.