Current through 131st (2023-2024) Legislature Chapter 684
Section 3314 - Initiation by department of support proceedings1.Duty of department. In a proceeding pursuant to this subchapter, the department shall: A. Transmit and receive applications; and [2009, c. 95, §83(NEW); 2009, c. 95, §87(AFF).]B. Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State. [2009, c. 95, §83(NEW); 2009, c. 95, §87(AFF).] [2009, c. 95, §83(NEW); 2009, c. 95, §87(AFF).]
2.Proceedings available to obligee. The following support proceedings are available to an obligee under the Convention: A. Recognition or recognition and enforcement of a foreign support order; [2009, c. 95, §83(NEW); 2009, c. 95, §87(AFF).]B. Enforcement of a support order issued or recognized in this State; [2009, c. 95, §83(NEW); 2009, c. 95, §87(AFF).]C. Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child; [2009, c. 95, §83(NEW); 2009, c. 95, §87(AFF).]D. Establishment of a support order if recognition of a foreign support order is refused under section 3318; [2009, c. 95, §83(NEW); 2009, c. 95, §87(AFF).]E. Modification of a support order of a tribunal of this State; and [2009, c. 95, §83(NEW); 2009, c. 95, §87(AFF).]F. Modification of a support order of a tribunal of another state or a foreign country. [2009, c. 95, §83(NEW); 2009, c. 95, §87(AFF).] [2009, c. 95, §83(NEW); 2009, c. 95, §87(AFF).]
3.Proceedings available to obligor. The following support proceedings are available under the Convention to an obligor against whom 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; [2009, c. 95, §83(NEW); 2009, c. 95, §87(AFF).]B. Modification of a support order of a tribunal of this State; and [2009, c. 95, §83(NEW); 2009, c. 95, §87(AFF).]C. Modification of a support order of a tribunal of another state or a foreign country. [2009, c. 95, §83(NEW); 2009, c. 95, §87(AFF).] [2009, c. 95, §83(NEW); 2009, c. 95, §87(AFF).]
4.Tribunal may not require guarantee of payment of costs and expenses. 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. [2009, c. 95, §83(NEW); 2009, c. 95, §87(AFF).]
2009, c. 95, § 83 (NEW) . 2009, c. 95, § 87 (AFF) .