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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Marital and Domestic Relations
Chapter : UNIFORM INTERESTATE FAMILY SUPPORT ACT
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25-1201 Short title
This chapter may be cited as the uniform interstate family support act.
25-1202 Definitions
In this chapter, unless the context otherwise requires:
1. "Child" means an individual, whether over or under the age of majority, who is
or is alleged to be owed a duty of support by the individual's parent or who is or is
alleged to be the beneficiary of a support order directed to the parent.
2. "Child support order" means a support order for a child, including a child who
has attained the age of majority under the law of the issuing state.
3. "Duty of support" means an obligation imposed or imposable by law to provide
support for a child, spouse or former spouse, including an unsatisfied obligation to
provide support.
4. "Home state" means the state in which a child lived with a parent or a person
acting as parent for at least six consecutive months immediately preceding the time of
filing a petition or a comparable pleading for support and, if a child is less than six
months old, the state in which the child lived from birth with any of them. A period of
temporary absence of any of them is counted as part of the six month or other period.
5. "Income" includes earnings or other periodic entitlements to money from any
source and any other property subject to withholding for support under the laws of this
state.
6. "Income withholding order" means an order or other legal process directed to an
obligor's employer or other debtor to withhold support from the income of the obligor.
7. "Initiating state" means a state from which a proceeding is forwarded or in
which a proceeding is filed for forwarding to a responding state under this chapter or a
law or procedure substantially similar to this chapter.
8. "Initiating tribunal" means the authorized tribunal in an initiating state.
9. "Issuing state" means the state in which a tribunal issues a support order or
renders a judgment determining parentage.
10. "Issuing tribunal" means the tribunal that issues a support order or renders a
judgment determining parentage.
11. "Law" includes decisional and statutory law and rules and regulations having the
force of law.
12. "Obligee" means any of the following:
(a) An individual to whom a duty of support is or is alleged to be owed or in whose
favor a support order has been issued or a judgment determining parentage has been
rendered.
(b) A state or political subdivision to which the rights under a duty of support or
support order have been assigned or that has independent claims based on financial
assistance provided to an individual obligee.
(c) An individual who seeks a judgment determining parentage of the individual's
child.
13. "Obligor" means an individual or the estate of a decedent that meets any of the
following conditions:
(a) Owes or is alleged to owe a duty of support.
(b) Is alleged but has not been adjudicated to be a parent of a child.
(c) Is liable under a support order.
14. "Person" has the same meaning prescribed in section 1-215.
15. "Petition" includes a complaint.
16. "Record" means information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and that is retrievable in perceivable form.
17. "Register" means to file a support order or judgment determining parentage in
superior court.
18. "Registering tribunal" means a tribunal in which a support order is registered.
19. "Responding state" means a state in which a proceeding is filed or to which a
proceeding is forwarded for filing from an initiating state under this chapter or a law
substantially similar to this chapter.
20. "Responding tribunal" means the authorized tribunal in a responding state.
21. "Spousal support order" means a support order for a spouse or former spouse of
the obligor.
22. "State" means a state of the United States, the district of Columbia, Puerto
Rico, the United States Virgin Islands or any territory or insular possession subject to
the jurisdiction of the United States. State includes:
(a) An Indian tribe.
(b) A foreign country or political subdivision that has:
(i) been declared to be a foreign reciprocating country or political subdivision
under federal law.
(ii) established a reciprocal arrangement for child support with this state
pursuant to section 25-1248.
(iii) Enacted a law or established procedures for issuance and enforcement of
support orders that are substantially similar to the procedures under this chapter.
23. "Support enforcement agency" means a public official or agency authorized to
seek:
(a) The enforcement of support orders or laws relating to the duty of support.
(b) The establishment or modification of child support.
(c) The determination of parentage.
(d) The location of obligors or their assets.
(e) A determination of the controlling child support order.
24. "Support order" means a judgment, decree, order or directive, whether temporary,
final or subject to modification, for the benefit of a child, a spouse or a former
spouse, that provides for monetary support, health care, arrearages or reimbursement and
that may include related costs and fees, interest, income withholding, attorney fees and
other relief.
25. "Tribunal" means a court, administrative agency or quasi-judicial entity
authorized to establish, enforce or modify support orders or to determine parentage.
25-1204 Remedies cumulative
A. Remedies provided by this chapter are cumulative and do not affect the
availability of remedies under other law, including the recognition of a support order of
a foreign country or political subdivision on the basis of comity.
B. This chapter does not:
1. Provide the exclusive method of establishing or enforcing a support order under
the laws of this state.
2. Grant a tribunal of this state jurisdiction to render judgment or issue an order
relating to access and parenting times in a proceeding under this chapter. 25-1221 Bases for jurisdiction over nonresident
A. In a proceeding to establish or enforce a support order or to determine
parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident
individual or the individual's guardian or conservator if any of the following is true:
1. The individual is personally served 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 on a birth certificate filed in this state.
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 prescribed in subsection A of this section or
in any other law of this state may not be used to acquire personal jurisdiction for a
tribunal of this state to modify a child support order of another state unless the
requirements of section 25-1311 or 25-1315 are met.
25-1222 Duration of personal jurisdiction
Personal jurisdiction acquired by a tribunal of this state in a proceeding under
this chapter or another law of this state relating to a support order continues as long
as the tribunal of this state has continuing, exclusive jurisdiction to modify its order
or continuing jurisdiction to enforce its order pursuant to sections 25-1225, 25-1226 and
25-1231.
25-1223 Initiating and responding tribunal of state
Under this chapter, a tribunal of this state may serve as an initiating tribunal to
forward proceedings to another state and as a responding tribunal for proceedings
initiated in another state.
25-1224 Simultaneous proceedings
A. A tribunal of this state may exercise jurisdiction to establish a support order
if the petition or comparable pleading is filed after a pleading is filed in another
state only if all of the following are true:
1. The petition or comparable pleading in this state is filed before the expiration
of the time allowed in the other state for filing a responsive pleading challenging the
exercise of jurisdiction by the other state.
2. The contesting party timely challenges the exercise of jurisdiction in the other
state.
3. If relevant, this state is the home state of the child.
B. A tribunal of this state may not exercise jurisdiction to establish a support
order if the petition or comparable pleading is filed before a petition or comparable
pleading is filed in another state if all of the following are true:
1. The petition or comparable pleading in the other state is filed before the
expiration of the time allowed in this state for filing a responsive pleading challenging
the exercise of jurisdiction by this state.
2. The contesting party timely challenges the exercise of jurisdiction in this
state.
3. If relevant, the other state is the home state of the child. 25-1225 Continuing, exclusive jurisdiction to modify child support order
A. A tribunal of this state that has issued a support order consistent with the law
of this state has and shall exercise continuing, exclusive jurisdiction to modify its
child support order if the order is the controlling order and either:
1. At the time of the filing of a request for modification this state is the
residence of the obligor, the individual obligee or the child for whose benefit the
support order is issued.
2. If this state is not the residence of the obligor, the individual obligee or the
child for whose benefit the support order is issued, the parties consent in a record or
in open court that the tribunal of this state may continue to exercise jurisdiction to
modify its order.
B. A tribunal of this state that has issued a child support order consistent with
the law of this state shall not exercise continuing, exclusive jurisdiction to modify the
order if either:
1. All of the parties who are individuals file consent in a record with the
tribunal of this state that a tribunal of another state that has jurisdiction over at
least one of the parties who is an individual or that is located in the state of
residence of the child may modify the order and assume continuing, exclusive
jurisdiction.
2. Its order is not the controlling order.
C. If a tribunal of another state has issued a child support order pursuant to the
uniform interstate family support act or a law substantially similar to that act and that
modifies a child support order of a tribunal of this state, tribunals of this state shall
recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
D. A tribunal of this state that lacks continuing, exclusive jurisdiction to modify
a child support order may serve as an initiating tribunal to request a tribunal of
another state to modify a support order issued in that state.
E. A temporary support order issued ex parte or pending resolution of a
jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing
tribunal.
25-1226 Continuing jurisdiction to enforce child support order
A. A tribunal of this state that has issued a child support order consistent with
the laws of this state may serve as an initiating tribunal to request a tribunal of
another state to enforce:
1. The order if the order is the controlling order and has not been modified by a
tribunal of another state that assumed jurisdiction pursuant to the uniform interstate
family support act.
2. A money judgment for arrears of support and interest on the order accrued before
a determination that an order of another state is the controlling order.
B. A tribunal of this state having continuing jurisdiction over a support order may
act as a responding tribunal to enforce the order. 25-1227 Determination of controlling child support order
A. If a proceeding is brought under this chapter and only one tribunal has issued a
child support order, the order of that tribunal is controlling and shall be recognized.
B. If a proceeding is brought under this chapter and two or more child support
orders have been issued by tribunals in this state or another state with regard to the
same obligor and the same child, a tribunal of this state having personal jurisdiction
over both the obligor and individual obligee shall apply the following rules and by order
shall determine which order controls:
1. If only one of the tribunals would have continuing, exclusive jurisdiction under
this chapter, the order of that tribunal is controlling and shall be recognized.
2. If more than one of the tribunals would have continuing, exclusive jurisdiction
under this chapter, an order issued by a tribunal in the current home state of the child
is controlling. If an order has not been issued in the current home state of the child,
the order most recently issued is controlling.
3. If none of the tribunals would have continuing exclusive jurisdiction under this
chapter, the tribunal of this state shall issue a child support order that is
controlling.
C. If two or more child support orders have been issued for the same obligor and
the same child, on request of a party that is an individual or a support enforcement
agency, a tribunal of this state having personal jurisdiction over both the obligor and
the obligee who is an individual shall determine which order controls under subsection B
of this section. The request may be filed with a registration for enforcement or
registration for modification pursuant to article 6 of this chapter.
D. A request to determine which is the controlling order must be accompanied by a
copy of every child support order in effect and the applicable record of payments. The
requesting party shall give notice of the request to each party whose rights may be
affected by the determination.
E. The tribunal that issued the order that is recognized as controlling under
subsection A, B or C of this section has continuing jurisdiction to the extent provided
pursuant to section 25-1225 or 25-1226.
F. A tribunal of this state that determines the order that is the controlling child
support order under subsection B, paragraph 1 or 2 of this section or subsection C of
this section or that issues a new controlling child support order under subsection B,
paragraph 3 of this section shall state in that order:
1. The basis on which the tribunal made its determination.
2. The amount of prospective support, if any.
3. The total amount of consolidated arrears and accrued interest, if any, under all
of the orders after all payments made are credited pursuant to section 25-1229.
G. Within thirty days after issuance of an order determining the controlling order,
the party obtaining the order shall file a certified copy of the order in each tribunal
that had issued or registered an earlier order of child support. A party or support
enforcement agency that obtains the controlling order but fails to file a certified copy
is subject to appropriate sanctions by a tribunal in which the issue of failure to file
arises. The failure to file does not affect the validity or enforceability of the
controlling order.
H. An order that has been determined to be the controlling order or a judgment for
consolidated arrears of support and interest, if any, made pursuant to this section must
be recognized in proceedings under this chapter.
25-1228 Child support orders for two or more obligees
In responding to registrations or petitions for enforcement of two or more child
support orders in effect at the same time with regard to the same obligor and different
individual obligees, at least one of which was issued by a tribunal of another state, a
tribunal of this state shall enforce those orders in the same manner as if the orders had
been issued by a tribunal of this state.
25-1229 Credit for payments
A tribunal of this state shall credit amounts collected for a particular period
pursuant to any child support order against the amounts owed for the same period under
any other child support order for support of the same child issued by a tribunal of this
state or any other state. 25-1230 Application of chapter to nonresident subject to personal jurisdiction
A tribunal of this state exercising personal jurisdiction over a nonresident in a
proceeding under this chapter or other laws of this state relating to a support order, or
recognizing a support order of a foreign country or political subdivision on the basis of
comity, may receive evidence from another state pursuant to section 25-1256, communicate
with a tribunal of another state pursuant to section 25-1257 and obtain discovery through
a tribunal of another state pursuant to section 25-1258. In all other respects, articles
3 through 7 of this chapter do not apply and the tribunal shall apply the procedural and
substantive law of this state.
25-1231 Continuing, exclusive jurisdiction to modify spousal support order
A. A tribunal of this state issuing a spousal support order consistent with the
laws of this state has continuing, exclusive jurisdiction to modify the spousal support
order throughout the existence of the support obligation.
B. A tribunal of this state may not modify a spousal support order issued by a
tribunal of another state having continuing, exclusive jurisdiction over that order under
the laws of that state.
C. A tribunal of this state that has continuing, exclusive jurisdiction over a
spousal support order may serve as either:
1. An initiating tribunal of another state to enforce the spousal support order
issued in that state.
2. A responding tribunal to enforce or modify its own spousal support order.
25-1241 Proceedings under this chapter
A. Except as otherwise provided in this chapter, this article applies to all
proceedings under this chapter.
B. An individual petitioner or a support enforcement agency may initiate a
proceeding authorized under this chapter by filing a petition in an initiating tribunal
for forwarding to a responding tribunal or by filing a petition or a comparable pleading
directly in a tribunal of another state that has or can obtain personal jurisdiction over
the respondent. 25-1242 Proceeding by minor parent
A minor parent or a guardian or other legal representative of a minor parent may
maintain a proceeding on behalf of or for the benefit of the minor's child. 25-1243 Application of law of state
Except as otherwise provided by this chapter, a responding tribunal of this state
shall:
1. Apply the procedural and substantive law generally applicable to similar
proceedings originating in this state and may exercise all powers and provide all
remedies available in those proceedings.
2. Determine the duty of support and the amount payable in accordance with the law
and support guidelines of this state. 25-1244 Duties of initiating tribunal
A. On the filing of a petition authorized by this chapter, an initiating tribunal
of this state shall forward the petition and its accompanying documents either:
1. To the responding tribunal or the appropriate support enforcement agency in the
responding state.
2. If the identity of the responding tribunal is unknown, to the state information
agency of the responding state with a request that the petition be forwarded to the
appropriate tribunal and that receipt be acknowledged.
B. If requested by the responding tribunal, a tribunal of this state shall issue
any certificate or other document and may make findings required by the law of the
responding state. If the responding state is a foreign country or political subdivision,
on request the tribunal shall specify the amount of support sought, convert that amount
into the equivalent amount in the foreign currency under applicable official or market
exchange rate as publicly reported, and provide any other documents necessary to satisfy
the requirements of the responding state. 25-1245 Duties and powers of responding tribunal
A. When a responding tribunal of this state receives a petition or comparable
pleading from an initiating tribunal or directly pursuant to section 25-1241, subsection
B, it shall file the petition or pleading and notify the petitioner of where and when it
was filed.
B. A responding tribunal of this state, to the extent not prohibited by other law,
may do one or more of the following:
1. Issue or enforce a support order, modify a child support order, determine the
controlling child support order or determine parentage.
2. Order an obligor to comply with a support order, specifying the amount and the
manner of compliance.
3. Order income withholding.
4. Determine the amount of any arrearages and specify a method of payment.
5. Enforce orders by civil or criminal contempt, or both.
6. Set aside property for satisfaction of the support order.
7. Place liens and order execution on the obligor's property.
8. Order an obligor to keep the tribunal informed of the obligor's current
residential address, telephone number, employer, address of employment and telephone
number at the place of employment.
9. Issue a civil arrest warrant for an obligor who has failed after proper notice
to appear at a hearing ordered by the tribunal and enter the civil arrest warrant in any
local and state computer systems for criminal warrants.
10. Order the obligor to seek appropriate employment by specified methods.
11. Award reasonable attorney fees and other fees and costs.
12. Grant any other available remedy.
C. A responding tribunal of this state shall include in a support order issued
under this chapter or in the documents accompanying the order the calculations on which
the support order is based.
D. A responding tribunal of this state may not condition the payment of a support
order issued under this chapter on compliance by a party with provisions for visitation.
E. If a responding tribunal of this state issues an order under this chapter, the
tribunal shall send a copy of the order to the petitioner and the respondent and to the
initiating tribunal, if any.
F. If requested to enforce a support order, arrears or judgment or modify a support
order stated in a foreign currency, a responding tribunal of this state shall convert the
amount stated in the foreign currency to the equivalent amount in dollars under the
applicable official or market exchange rate as publicly reported.
25-1246 Inappropriate tribunal
If a petition or comparable pleading is received by an inappropriate tribunal of
this state, the tribunal shall forward the pleading and accompanying documents to an
appropriate tribunal in this state or another state and notify the petitioner where and
when the pleading was sent. 25-1247 Duties of support enforcement agency
A. A support enforcement agency of this state, on request, shall provide services
to a petitioner in a proceeding under this chapter.
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 days, exclusive of Saturdays, Sundays and other legal holidays, after
receipt of a written notice in a record from an initiating, responding or registering
tribunal, send a copy of the notice by first class mail to the petitioner.
5. Within two days, exclusive of Saturdays, Sundays and other 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 by first class mail to the petitioner.
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 to either:
1. Ensure that the order to be registered is the controlling order.
2. If two or more child support orders exist and the identity of the controlling
order has not been determined, 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 25-1259.
F. This chapter 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.
25-1248 Duty of the attorney general
A. If the attorney general determines that the support enforcement agency is
neglecting or refusing to provide services to an individual, the attorney general may
order the agency to perform its duties under this chapter or may provide those services
directly to the individual.
B. The attorney general may determine that a foreign country or political
subdivision has established a reciprocal arrangement for child support with this state
and take appropriate action for notification of the determination.
25-1249 Private counsel
An individual may employ private counsel to represent the individual in proceedings
authorized by this chapter. 25-1250 Duties of department of economic security
A. The department of economic security is the state information agency under this
chapter.
B. The department shall:
1. Compile and maintain a current list, including addresses, of the tribunals in
this state that have jurisdiction under this chapter and any support enforcement agencies
in this state and transmit a copy to the state information agency of every other state.
2. Maintain a register of tribunals and support enforcement agencies received from
other states.
3. Forward to the appropriate tribunal in the county in this state in which the
obligee or the obligor resides or in which the obligor's property is believed to be
located all documents concerning a proceeding under this chapter received from an
initiating tribunal or the state information agency of the initiating state.
4. Obtain information concerning the location of the obligor and the obligor's
property within this state not exempt from execution, by such means as postal
verification, federal or state locator services, examination of telephone directories,
requests for the obligor's address from employers and examination of governmental
records, including to the extent not prohibited by other law those relating to real
property, vital statistics, law enforcement, taxation, motor vehicles, driver licenses
and social security. 25-1251 Pleadings and accompanying documents
A. In a proceeding under this chapter, a petitioner seeking to establish a support
order, determine parentage or register and modify a support order of another state must
file a petition. Unless otherwise ordered under section 25-1252, the petition or
accompanying documents shall provide, as far as known, the name, residential address and
social security number of the obligor and the obligee and the name, sex, residential
address, social security number and date of birth of each child for whose benefit support
is sought or whose parentage is to be determined. Unless filed at the time of
registration, the petition must be accompanied by a copy of any support order known to
have been issued by another tribunal. The petition may include any other information
that may assist in locating or identifying the respondent.
B. The petition shall specify the relief sought. The petition and accompanying
documents shall conform substantially with the requirements imposed by the forms mandated
by federal law for use in cases filed by a support enforcement agency.
25-1252 Nondisclosure of information in exceptional circumstances
If a party alleges in an affidavit or a pleading under oath that the health, safety
or liberty of a party or child would be jeopardized by disclosure of specific identifying
information, that information must be sealed and shall not be disclosed to the other
party or to the public. After a hearing in which a tribunal takes into consideration the
health, safety or liberty of the party or child, the tribunal may order disclosure of
information that the tribunal determines to be in the interest of justice.
25-1253 Costs and fees
A. The petitioner shall not pay a filing fee or other costs.
B. If an obligee prevails, a responding tribunal may assess against an obligor
filing fees, reasonable attorney fees, other costs and necessary travel and other
reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal
shall not assess fees, costs or expenses against the obligee or the support enforcement
agency of either the initiating or the responding state, except as provided by other
law. Attorney fees may be taxed as costs and may be ordered paid directly to the
attorney, who may enforce the order in the attorney's own name. Payment of support owed
to the obligee has priority over fees, costs and expenses.
C. The tribunal shall order the payment of costs and reasonable attorney fees if it
determines that a hearing was requested primarily for delay. In a proceeding under
article 6 of this chapter for the enforcement and modification of a support order after
registration, a hearing is presumed to have been requested primarily for delay if a
registered support order is confirmed or enforced without change. 25-1254 Limited immunity of petitioner
A. Participation by a petitioner in a proceeding before a responding tribunal,
whether in person, by private attorney or through services provided by the support
enforcement agency, does not confer personal jurisdiction over the petitioner in another
proceeding.
B. A petitioner is not amenable to service of civil process while physically
present in this state to participate in a proceeding under this chapter.
C. The immunity granted by this section does not extend to civil litigation based
on acts unrelated to a proceeding under this chapter committed by a party while present
in this state to participate in the proceeding.
25-1255 Nonparentage as defense
A party whose parentage of a child has been previously determined by or pursuant to
law shall not plead nonparentage as a defense to a proceeding under this chapter. 25-1256 Special evidence and procedure
A. The physical presence of a nonresident party who is an individual in a tribunal
proceeding of this state is not required for the establishment, enforcement or
modification of a support order or the rendition of a judgment determining parentage.
B. An affidavit, a document substantially complying with federally mandated forms
or a document incorporated by reference in any affidavit or mandated form that would not
be excluded under the hearsay rule if given in person is admissible in evidence if given
under penalty of perjury by a party or witness residing in another state.
C. A copy of the record of child support payments certified as a true copy of the
original by the custodian of the record may be forwarded to a responding tribunal. The
copy is evidence of facts asserted in it and is admissible to show whether payments were
made.
D. Copies of bills for testing for parentage and for prenatal and postnatal health
care of the mother and child furnished to the adverse party at least ten days before
trial are admissible in evidence to prove the amount of the charges billed and that the
charges were reasonable, necessary and customary.
E. Documentary evidence transmitted from another state to a tribunal of this state
by telephone, fax or other means that do not provide an original record shall not be
excluded from evidence on an objection based on the means of transmission.
F. In a proceeding under this chapter, a tribunal of this state shall permit a
party or witness residing in another state to be deposed or to testify by telephone,
audiovisual means or other electronic means at a designated tribunal or other location in
that state. A tribunal of this state shall cooperate with tribunals of other states in
designating an appropriate location for the deposition or testimony.
G. If a party called to testify at a civil hearing refuses to answer on the ground
that the testimony may be self-incriminating, the trier of fact may draw an adverse
inference from the refusal.
H. A privilege against disclosure of communications between spouses does not apply
in a proceeding under this chapter.
I. The defense of immunity based on the relationship of husband and wife or parent
and child does not apply in a proceeding under this chapter.
J. A voluntary acknowledgment of paternity, certified as a true copy, is admissible
to establish parentage of the child.
25-1257 Communications between tribunals
A tribunal of this state may communicate with a tribunal of another state or a
foreign country or political subdivision in a record or by telephone or other means to
obtain information concerning the laws, the legal effect of a judgment, decree or order
of that tribunal and the status of a proceeding in the other state or the foreign country
or political subdivision. A tribunal of this state may furnish similar information by
similar means to a tribunal of another state or a foreign country or political
subdivision. 25-1258 Assistance with discovery
A tribunal of this state may:
1. Request a tribunal of another state to assist in obtaining discovery.
2. On request, compel a person over whom it has jurisdiction to respond to a
discovery order issued by a tribunal of another state. 25-1259 Receipt and disbursement of payments
A. A support enforcement agency or tribunal of this state shall disburse promptly
any amounts received pursuant to a support order, as directed by the order. The agency
or tribunal shall furnish to a requesting party or tribunal of another state a certified
statement by the custodian of the record of the amounts and dates of all payments
received.
B. If neither the obligor, the obligee who is an individual nor the child resides
in this state, on request from the support enforcement agency of this state or another
state, a tribunal of this state shall:
1. Direct that the support payment be made to the support enforcement agency in the
state in which the obligee is receiving services.
2. Issue and send to the obligor's employer a conforming income withholding order
or an administrative notice of change of payee, reflecting the redirected payments.
C. The support enforcement agency of this state receiving redirected payments from
another state pursuant to a law similar to subsection B shall furnish to a requesting
party or tribunal of the other state a certified statement by the custodian of the record
of the amount and dates of all payments received. 25-1271 Petition to establish support order
A. If a support order entitled to recognition under this chapter has not been
issued, a responding tribunal of this state may issue a support order if either:
1. The individual seeking the order resides in another state.
2. The support enforcement agency seeking the order is located in another state.
B. The tribunal may issue a temporary child support order if the tribunal
determines that such an order is appropriate and the individual ordered to pay is:
1. A presumed father of the child.
2. Petitioning to have his paternity adjudicated.
3. Identified as the father of the child through genetic testing.
4. An alleged father who has declined to submit to genetic testing.
5. Shown by clear and convincing evidence to be the father of the child.
6. An acknowledged father as provided pursuant to section 36-322.
7. The mother of the child.
8. An individual who has been ordered to pay child support in a previous proceeding
and the order has not been reversed or vacated.
C. On finding, after notice and an opportunity to be heard, that an obligor owes a
duty of support, the tribunal shall issue a support order directed to the obligor and may
issue other orders pursuant to section 25-1245. 25-1281 Employer's receipt of income withholding order of another state
An income withholding order issued in another state may be sent by or on behalf of
the obligee or by the support enforcement agency to the person defined as the obligor's
employer under the income withholding laws of this state without first filing a petition
or comparable pleading or registering the order with a tribunal of this state. 25-1282 Employer's compliance with income withholding order of another state
A. On receipt of an income withholding order, the obligor's employer shall
immediately provide a copy of the order to the obligor.
B. The employer shall treat an income withholding order issued in another state
that appears regular on its face as if it had been issued by a tribunal of this state.
C. Except as provided by subsection D of this section and section 25-1283, the
employer shall withhold and distribute the funds as directed in the withholding order by
complying with the terms of the order that specify:
1. The duration and the amount of periodic payments of current child support,
stated as a sum certain.
2. The person designated to receive payments and the address to which the payments
are to be forwarded.
3. Medical support, whether in the form of periodic cash payment, stated as a sum
certain, or ordering the obligor to provide health insurance coverage for the child under
a policy available through the obligor's employment.
4. The amount of periodic payments of fees and costs for a support enforcement
agency, the issuing tribunal and the obligee's attorney, stated as sums certain.
5. The amount of periodic payments of arrears and interest on arrears, stated as
sums certain.
D. The employer shall comply with the law of the state of the obligor's principal
place of employment for withholding from income with respect to:
1. The employer's fee for processing an income withholding order.
2. The maximum amount permitted to be withheld from the obligor's income.
3. The time within which the employer shall implement the withholding order and
forward the child support payment.
25-1283 Employer's compliance with two or more income withholding orders
If the obligor's employer receives two or more orders to withhold support from the
earnings, income, entitlements or other monies of the same obligor, the employer is
deemed to have satisfied the terms of the orders if the employer complies with the law of
the state of the obligor's principal place of employment to establish the priorities for
withholding and allocating income withheld for two or more child support obligees. 25-1284 Immunity from civil liability
An employer who complies with an income withholding order issued in another state in
accordance with this article is not subject to civil liability to an individual or agency
with regard to the employer's withholding of child support from the obligor's income. 25-1285 Penalties for noncompliance
An employer who wilfully fails to comply with an income withholding order issued by
another state and received for enforcement is subject to the same penalties that may be
imposed for noncompliance with an order issued by a tribunal of this state.
25-1286 Contest by obligor
A. An obligor may contest the validity or enforcement of an income withholding
order issued in another state and received directly by an employer in this state by
registering the order in a tribunal of this state and filing a contest to that order as
provided in article 6 of this chapter or otherwise contesting the order in the same
manner as if the order had been issued by a tribunal of this state.
B. The obligor shall give notice of the contest to:
1. A support enforcement agency providing services to the obligee.
2. Each employer that has directly received an income withholding order.
3. The person designated in the income withholding order to receive payments, or if
no person is designated, to the obligee. 25-1287 Administrative enforcement of orders
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 another state may send the
documents required for registering the order to a support enforcement agency of this
state.
B. On 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 laws 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 chapter.
25-1301 Registration of order for enforcement
A support order or an income withholding order issued by a tribunal of another state
may be registered in this state for enforcement. 25-1302 Procedure to register order for enforcement
A. A support order or income withholding order of another state may be registered
in this state by sending the following documents and information to the appropriate
tribunal in this state:
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.
(c) A description and the location of property of the obligor in this state not
exempt from execution.
5. Except as otherwise provided in section 25-1252, 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, regardless of their form.
C. 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.
3. Specify the amount of consolidated arrears, if any.
D. 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.
25-1303 Effect of registration for enforcement
A. A support order or income withholding order issued in another state is
registered when the order is filed in the registering tribunal of this state.
B. A registered order issued in another state 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 article, a tribunal of this state shall
recognize and enforce, but may not modify, a registered order if the issuing tribunal had
jurisdiction. 25-1304 Choice of law
A. Except as otherwise provided in subsection D, the law of the issuing state
governs:
1. The nature, extent, amount and duration of current payments under a registered
support order.
2. The computation and payment of arrearages and accrual of interest on the
arrearages under the order.
3. The existence and satisfaction of other obligations under the support order.
B. In a proceeding for arrears under a registered support order, the statute of
limitation of this state or of the issuing state, whichever is longer, applies.
C. A responding tribunal of this state shall apply the procedures and remedies of
this state to enforce current support and collect arrears and interest due on a support
order of another state registered in this state.
D. After a tribunal of this or another state determines which is the controlling
order and issues an order consolidating arrears, if any, a tribunal of this state shall
prospectively apply the law of the state issuing the controlling order, including its law
on interest on arrears, on current and future support and on consolidated arrears.
25-1305 Notice of registration of order
A. When a support order or income withholding order issued in another state is
registered, the registering tribunal shall notify the nonregistering party. Notice shall
be given by first class or registered mail or by any means of personal service authorized
by the law of this state. The notice shall be accompanied by a copy of the registered
order and the documents and relevant information accompanying the order.
B. A notice shall 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 the date of mailing or personal service of the
notice.
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 precludes further contest of that order with respect to any
matter that could have been asserted.
4. Of the amount of any alleged arrearages.
C. If the registering party asserts that two or more orders are in effect, a notice
must also:
1. Identify the two or more orders and the order alleged by the registering person
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 of this section apply to the
determination of which is the controlling order.
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. On registration of an income withholding order for enforcement, the registering
tribunal shall serve the obligor's employer with a wage assignment subject to the
provisions of section 25-504 or 25-506.
25-1306 Procedure to contest validity or enforcement of registered order
A. A nonregistering party seeking to contest the validity or enforcement of a
registered order in this state shall request a hearing within twenty days after the date
of mailing or personal service of notice of the registration. The nonregistering party
may seek to vacate the registration, to assert any defense to an allegation of
noncompliance with the registered order or to contest the remedies being sought or the
amount of any alleged arrearages pursuant to section 25-1307.
B. If the nonregistering party fails to contest the validity or enforcement of the
registered order in a timely manner, the order is confirmed by operation of law.
C. If a nonregistering party requests a hearing to contest the validity or
enforcement of the registered order, the registering tribunal shall schedule the matter
for a hearing and give notice to the parties by first class mail of the date, time and
place of the hearing. 25-1307 Contest of registration or enforcement
A. A party contesting the validity or enforcement of a registered order or seeking
to vacate the registration has the burden of proving one or more of the following
defenses:
1. The issuing tribunal lacked personal jurisdiction over the contesting party.
2. The order was obtained by fraud.
3. The order has been vacated, suspended or modified by a later order.
4. The issuing tribunal has stayed the order pending appeal.
5. There is a defense under the law of this state to the remedy sought.
6. Full or partial payment has been made.
7. The statute of limitation applicable under section 25-1304 precludes enforcement
of some or all of the arrearages.
8. The alleged controlling order is not the controlling order.
B. If a party presents evidence establishing a full or partial defense under
subsection A of this section, a tribunal may stay enforcement of the registered order,
continue the proceeding to permit production of additional relevant evidence and issue
other appropriate orders. An uncontested portion of the registered order may be enforced
by all remedies available under the laws of this state.
C. If the contesting party does not establish a defense under subsection A of this
section to the validity or enforcement of the order, the registering tribunal shall issue
an order confirming the order. 25-1308 Confirmed order
Confirmation of a registered order, whether by operation of law or after notice and
a hearing, precludes further contest of the order with respect to any matter that could
have been asserted at the time of registration. 25-1309 Procedure to register child support order of another state for modification
A party or support enforcement agency seeking to modify, or to modify and enforce, a
child support order issued in another state shall register that order in this state in
the same manner as provided in this article if the order has not been registered. A
petition for modification may be filed at the same time as a request for registration or
later. The pleading shall specify the grounds for modification. 25-1310 Effect of registration for modification
A tribunal of this state may enforce a child support order of another state
registered for purposes of modification in the same manner as if the order had been
issued by a tribunal of this state, but the registered order may be modified only if the
requirements of section 25-1311, 25-1313 or 25-1315 of this section have been met. 25-1311 Modification of child support order of another state
A. If section 25-1313 does not apply and except as provided in section 25-1315, on
petition, a tribunal of this state may modify a child support order issued in another
state that is registered in this state if, after notice and a hearing, it finds that any
of the following is true:
1. The following requirements are met:
(a) Neither the child, the obligee who is an individual nor the obligor resides in
the issuing state.
(b) A petitioner who is a nonresident of this state seeks modification.
(c) The respondent is subject to the personal jurisdiction of the tribunal of this
state.
2. This state is the state of residence of the child, or a party who is an
individual is subject to the personal jurisdiction of the tribunal of this state, and all
of the parties who are individuals have filed consents in the record in the issuing
tribunal for a tribunal of this state to modify the support order and assume continuing,
exclusive jurisdiction.
B. Modification of a registered child support order is subject to the same
requirements, procedures and defenses that apply to the modification of an order issued
by a tribunal of this state, and the order may be enforced and satisfied in the same
manner.
C. Except as otherwise provided in section 25-1315, a tribunal of this state may
not modify any aspect of a child support order that may not be modified under the laws of
the issuing state, including the duration of the obligation of support. If two or more
tribunals have issued child support orders for the same obligor and child, the order that
is controlling and recognized under section 25-1227 establishes the aspects of the
support order that are nonmodifiable.
D. In a proceeding to modify a child support order, the law of the state that is
determined to have issued the initial controlling order governs the duration of the
obligation of support. The obligor's fulfillment of the duty of support established by
that order precludes imposition of a further obligation of support by a tribunal of this
state.
E. On issuance of an order by a tribunal of this state modifying a child support
order issued in another state, the tribunal of this state becomes the tribunal having
continuing, exclusive jurisdiction.
25-1312 Recognition of order modified in another state
If a child support order issued by a tribunal of this state is modified by a
tribunal of another state that assumed jurisdiction pursuant to the uniform interstate
family support act, a tribunal of this state:
1. May enforce the order that was modified only as to arrears and interest accruing
before the modification.
2. May provide appropriate relief for violations of its order that occurred before
the effective date of the modification.
3. Shall recognize the modifying order of the other state, on registration, for the
purpose of enforcement.
25-1313 Jurisdiction to modify child support order of another state if individual parties reside in this state
A. If all of the individual parties reside in this state and the child does not
reside in the issuing state, a tribunal of this state has jurisdiction to enforce and
modify the issuing state's child support order in a proceeding to register that order.
B. A tribunal of this state exercising jurisdiction as provided in this section
shall apply the provisions of this article and articles 1 and 2 of this chapter to the
enforcement or modification proceeding. Articles 3, 4, 5, 7 and 8 of this chapter do not
apply, and the tribunal shall apply the procedural and substantive laws of this state. 25-1314 Notice to issuing tribunal of modification
Within thirty days after issuance of a modified child support order, the party
obtaining the modification shall file a certified copy of the order with the issuing
tribunal that had continuing, exclusive jurisdiction over the earlier order and in each
tribunal in which the party knows the earlier order has been registered. A party that
obtains the order and fails to file a certified copy is subject to appropriate sanctions
by a tribunal in which the issue of failure to file arises. The failure to file does not
affect the validity or enforceability of the modified order of the new tribunal of
continuing, exclusive jurisdiction. 25-1315 Jurisdiction to modify child support order of foreign country or political subdivision
A. If a foreign country or political subdivision that is a state will not or may
not modify its 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 25-1311 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 pursuant to this section is the controlling order.
25-1331 Proceeding to determine parentage
A court of this state authorized to determine parentage of a child may serve as a
responding tribunal in a proceeding to determine parentage. 25-1341 Grounds for rendition
A. The governor of this state may:
1. Demand that the governor of another state surrender an individual found in the
other state who is charged criminally in this state with having failed to provide for the
support of an obligee.
2. On the demand of the governor of another state, surrender an individual found in
this state who is charged criminally in the other state with having failed to provide for
the support of an obligee.
B. A provision for extradition of individuals not inconsistent with this chapter
applies to the demand even if the individual whose surrender is demanded was not in the
demanding state when the crime was allegedly committed and has not fled from that state. 25-1342 Conditions of rendition
A. Before making a demand that the governor of another state surrender an
individual, the governor of this state may require a prosecutor of this state to
demonstrate that at least sixty days previously the obligee had initiated proceedings for
support pursuant to this chapter or that the proceeding would be of no avail.
B. If under this chapter or a law substantially similar to this chapter, the
uniform reciprocal enforcement of support act or the revised uniform reciprocal
enforcement of support act, the governor of another state makes a demand that the
governor of this state surrender an individual charged criminally in that state with
having failed to provide for the support of a child or other individual to whom a duty of
support is owed, the governor may require a prosecutor to investigate the demand and
report whether a proceeding for support has been initiated or would be effective. If it
appears that a proceeding would be effective but has not been initiated, the governor may
delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
C. If a proceeding for support has been initiated and the individual whose
rendition is demanded prevails, the governor may decline to honor the demand. If the
petitioner prevails and the individual whose rendition is demanded is subject to a
support order, the governor may decline to honor the demand if the individual is
complying with the support order.
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