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Code · South Dakota · Title 25 · Chapter 25-9

25-9C-710. Foreign support agreement.

252 words·~1 min read·/sd/title-25/chapter-25-9/25-9c-710·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as otherwise provided in subsections
(c)and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(b)An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1)A complete text of the foreign support agreement; and
(2)A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c)A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d)In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(1)Recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2)The agreement was obtained by fraud or falsification;
(3)The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement pursuant to this chapter in this state; or
(4)The record submitted under subsection
(b)lacks authenticity or integrity.
(e)A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
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