40-5-1076. Initiation by department of public health and human services of support proceeding under convention.
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/mt/title-40/chapter-5/part-10/40-5-1076·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
40-5-1076 . Initiation by department of public health and human services of support proceeding under convention.
(1)In a support proceeding under 40-5-1073 through 40-5-1085 , the department of public health and human services of this state shall:
(a)transmit and receive applications; and
(b)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, if necessary, determination of parentage of a child;
(d)establishment of a support order if recognition of a foreign support order is refused under 40-5-1080 (2)(b), (2)(d), or (2)(i);
(e)modification of a support order of a tribunal of this state; and
(f)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 which 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; and
(c)modification of a support order of a tribunal of another state or a foreign country.
(4)A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.