S.D. Codified Laws § 25-9C-701

Current through the 2024 Legislative Session
Section 25-9C-701 - Definitions

Terms used in this Article mean:

(1) "Application," a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority;
(2) "Central authority," the entity designated by the United States or a foreign country described in subsection 25-9C-102(5)(d) to perform the functions specified in the Convention;
(3) "Convention support order," a support order of a tribunal of a foreign country described in subsection 25-9C-102(5)(d);
(4) "Direct request," a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States;
(5) "Foreign central authority," the entity designated by a foreign country described in subsection 25-9C-102(5)(d) to perform the functions specified in the Convention;
(6) "Foreign support agreement,":
(a) An agreement for support in a record that:
(i) Is enforceable as a support order in the country of origin;
(ii) Has been:
(I) Formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(II) Authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii) May be reviewed and modified by a foreign tribunal; and
(b) Includes a maintenance arrangement or authentic instrument under the Convention;
(7) "United States central authority," the Secretary of the United States Department of Health and Human Services.

SDCL 25-9C-701

SL 2015, ch 148, § 701.
Added by S.L. 2015, ch. 148,s. 701, eff. 7/1/2015.