§ 43-601-307. Duties of support enforcement agency.  


Latest version.
  • A.  A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding pursuant to the Uniform Interstate Family Support Act.

    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 this state or another state 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 (2) 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 (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication 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 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 601-319 of this title.

    F.  The Uniform Interstate Family Support Act 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.

Added by Laws 1994, c. 160, § 20, eff. Sept. 1, 1994.  Amended by Laws 1997, c. 360, § 8, eff. Sept. 1, 1997; Laws 2004, c. 367, § 17, eff. Nov. 1, 2004.