Chapter 35

5 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 1 CHAPTER 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT SOURCE: This Chapter was formerly codified in the Code of Civil Procedure as the Uniform Reciprocal Enforcement of Support Act. It was repealed and reenacted as the Uniform Intersate Fam ily Support Act by P.L. 24-183:1 (May 1, 1998), and repealed and reenacted to adopt changes to the uniform act by P.L. 33-014:1 (Apr. 1, 2015). Article 1. General Provisions. Article 2. Jurisdiction. Article 3. Civil Provisions of General Application . Article 4. Establishment of Support Order or Deter mination of Parentage. Article 5. Enforcement of Support Order Without Re gistration. Article 6. Registration, Enforcement, and Modificat ion of Support Order. Article 7. Support Proceeding Under Convention. Article 8. Interstate Rendition. Article 9. Miscellaneous Provisions. ARTICLE 1 GENERAL PROVISIONS § 35101. Short Title. § 35102. Definitions. § 35103. State Tribunal and Support Enforcement Ag ency. § 35104. Remedies Cumulative. § 35105. Application of Act to Resident of Foreign Country and Foreign Support Proceeding. § 35101. Short Title.

§ 35103. State Tribunal and Support Enforcement Ag ency. § 35104. Remedies Cumulative. § 35105. Application of Act to Resident of Foreign Country and Foreign Support Proceeding. § 35101. Short Title. This Act may be cited as the 'Uniform Interstate Fa mily Support Act.' § 35102. Definitions. In this Act: (a) 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 COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 2 individual’s parent or who is or is alleged to be t he beneficiary of a support order directed to the parent. (b) Child-support order means a support order for a child, including a child who has attained the age of major ity under the law of the issuing state or foreign country. (c) Convention means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. (d) Duty of support means an obligation imposed or imposable by law to provide support for a child, spouse, or f ormer spouse, including an unsatisfied obligation to provide supp ort.

ember 23, 2007. (d) Duty of support means an obligation imposed or imposable by law to provide support for a child, spouse, or f ormer spouse, including an unsatisfied obligation to provide supp ort. (e) Foreign country means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and: (1) which has been declared under the law of the U nited States to be a foreign reciprocating country; (2) which has established a reciprocal arrangement for child support with this state as provided in § 3530 8; (3) which has enacted a law or established procedu res for the issuance and enforcement of support orders whic h are substantially similar to the procedures under this Act; or (4) in which the Convention is in force with respe ct to the United States. (f) Foreign support order means a support order of a foreign tribunal. (g) Foreign tribunal means a court, administrative agency, or quasi-judicial entity of a foreign country that is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention.

cial entity of a foreign country that is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention. (h) Home state means the state or foreign country in which a child lived with a parent or a person acting as par ent for at least six (6) consecutive months immediately preceding the ti me of filing of a petition or comparable pleading for support and, if a child is less COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 3 than six (6) months old, the state or foreign count ry in which the child lived from birth with any of them. A period o f temporary absence of any of them is counted as part of the si x (6)-month or other period. (i) Income includes earnings or other periodic entitlements t o money from any source and any other property subjec t to withholding for support under the law of this state . (j) Income-withholding order means an order or other legal process directed to an obligor’s employer, or other debtor, as defined by the income-withholding law of Guam, to w ithhold support from the income of the obligor.

order means an order or other legal process directed to an obligor’s employer, or other debtor, as defined by the income-withholding law of Guam, to w ithhold support from the income of the obligor. (k) Initiating tribunal means the tribunal of a state or foreign country from which a petition or comparable pleadin g is forwarded or in which a petition or comparable pleading is fi led for forwarding to another state or foreign country. (l) Issuing foreign country means the foreign country in which a tribunal issues a support order or a judgment det ermining parentage of a child. (m) Issuing state means the state in which a tribunal issues a support order or a judgment determining parentage o f a child. (n) Issuing tribunal means the tribunal of a state or foreign country that issues a support order or a judgment d etermining parentage of a child. (o) Law includes decisional and statutory laws, and rules and regulations having the force of law. (p) Obligee means: (1) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support orde r or a judgment determining parentage of a child has been issued; (2) a foreign country, state, or political subdivi

hom a duty of support is or is alleged to be owed or in whose favor a support orde r or a judgment determining parentage of a child has been issued; (2) a foreign country, state, or political subdivi sion of a state to which the rights under a duty of support o r support order have been assigned or which has independent c laims based on financial assistance provided to an indivi dual obligee in place of child support; COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 4 (3) an individual seeking a judgment determining parentage of the individual’s child; or (4) a person that is a creditor in a proceeding un der Article 7. (q) Obligor means an individual, or the estate of a decedent that: (1) owes or is alleged to owe a duty of support; (2) is alleged but has not been adjudicated to be a parent of a child; (3) is liable under a support order; or (4) is a debtor in a proceeding under Article 7. (r) Outside this state means a location in another state or a country other than the United States, whether or no t the country is a foreign country. (s) Person means an individual, corporation, business trust, estate, trust, partnership, limited liability

or a country other than the United States, whether or no t the country is a foreign country. (s) Person means an individual, corporation, business trust, estate, trust, partnership, limited liability compa ny, association, joint venture, public corporation, government or governme ntal subdivision, agency, or instrumentality, or any oth er legal or commercial entity. (t) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (u) Register means to file in a tribunal of this state a suppor t order or judgment determining parentage of a child issued in another state or a foreign country. (v) Registering tribunal means a tribunal in which a support order or judgment determining parentage of a child is registered. (w) Responding state means a state in which a petition or comparable pleading for support or to determine par entage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreig n country. (x) Responding tribunal means the authorized tribunal in a responding state or foreign country.

ich a petition or comparable pleading is forwarded for filing from another state or a foreig n country. (x) Responding tribunal means the authorized tribunal in a responding state or foreign country. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 5 (y) Spousal-support order means a support order for a spouse or former spouse of the obligor. (z) State means a state of the United States, the District o f Columbia, Guam, Puerto Rico, the United States Virg in Islands, or any territory or insular possession under the juris diction of the United States. The term includes an Indian nation o r tribe. (aa) Support enforcement agency means a public official, governmental entity, or private agency authorized t o: (1) seek enforcement of support orders or laws rel ating to the duty of support; (2) seek establishment or modification of child su pport; (3) request determination of parentage of a child; (4) attempt to locate obligors or their assets; or (5) request determination of the controlling child -support order. (bb) Support order means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a

st determination of the controlling child -support order. (bb) Support order means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefi t of a child, a spouse, or a former spouse, which provides for mone tary support, health care, arrearages, retroactive support, or re imbursement for financial assistance provided to an individual obli gee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonabl e attorney’s fees, and other relief. (cc) Tribunal means a court, administrative agency, or quasi- judicial entity authorized to establish, enforce, o r modify support orders or to determine parentage of a child. 2015 NOTE: Subsection designations were altered to reflect t he Compiler’s alpha- numeric scheme pursuant to 1 GCA § 1606. § 35103. State Tribunal and Support Enforcement Ag ency. (a) The Unified Courts of Guam are the tribunal of this state. (b) The Child Support Enforcement Division of the Office of the Attorney General is the support enforcement agency of this state.

ency. (a) The Unified Courts of Guam are the tribunal of this state. (b) The Child Support Enforcement Division of the Office of the Attorney General is the support enforcement agency of this state. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 6 § 35104. Remedies Cumulative. (a) Remedies provided by this Act are cumulative a nd do not affect the availability of remedies under other laws or th e recognition of a foreign support order on the basis of comity. (b) This Act does not: (1) provide the exclusive method of establishing o r enforcing a support order under the law of this state; or (2) grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visi tation in a proceeding under this Act. § 35105. Application of Act to Resident of Foreign Country and Foreign Support Proceeding. (a) A tribunal of this state shall apply Articles 1 through 6 and, as applicable, Article 7, to a support proceeding invo lving: (1) a foreign support order; (2) a foreign tribunal; or (3) an obligee, obligor, or child residing in a fo reign country.

through 6 and, as applicable, Article 7, to a support proceeding invo lving: (1) a foreign support order; (2) a foreign tribunal; or (3) an obligee, obligor, or child residing in a fo reign country. (b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply th e procedural and substantive provisions of Articles 1 through 6. (c) Article 7 applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Article 7 is inconsistent with Articles 1 through 6, Article 7 c ontrols. ---------- ARTICLE 2 JURISDICTION § 35201. Bases for Jurisdiction over Nonresident. § 35202. Duration of Personal Jurisdiction. § 35203. Initiating and Responding Tribunal of Stat e. § 35204. Simultaneous Proceedings. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 7 § 35205. Continuing, Exclusive Jurisdiction to Modi fy Child-Support Order. § 35206. Continuing Jurisdiction to Enforce Child-S upport Order. § 35207. Determination of Controlling Child-Support Order. § 35208. Child-Support Orders for Two or More Oblig ees. § 35209. Credit for Payments. § 35210.

urisdiction to Enforce Child-S upport Order. § 35207. Determination of Controlling Child-Support Order. § 35208. Child-Support Orders for Two or More Oblig ees. § 35209. Credit for Payments. § 35210. Application of Act to Nonresident Subject to Personal Jurisdiction. § 35211. Continuing, Exclusive Jurisdiction to Modi fy Spousal- Support Order. § 35201. Bases for Jurisdiction over Nonresident. (a) In a proceeding to establish or enforce a supp ort order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual’s guardian if: (1) the individual is personally served with summo ns or notice within this state; (2) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearan ce, or by filing a responsive document having the effect of waiving an y contest to personal jurisdiction; (3) the individual resided with the child in this state; (4) the individual resided in this state and provi ded 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

ividual resided in this state and provi ded 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 i n this state and the child may have been conceived by that act o f intercourse; (7) the individual asserted parentage of a child i n a Guam Declaration of Paternity form; or (8) there is any other basis consistent with the c onstitutions of this state and the United States for the exercise o f personal jurisdiction. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 8 (b) The bases of personal jurisdiction set forth i n Subsection 35201(a), 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 § 35611 are met, or, in the case of a foreign support order, unless the req uirements of § 35615 are met. § 35202. Duration of Personal Jurisdiction. Personal jurisdiction acquired by a tribunal of thi s state in a proceeding under this Act or other law of this stat e relating to a support order

are met. § 35202. Duration of Personal Jurisdiction. Personal jurisdiction acquired by a tribunal of thi s state in a proceeding under this Act or other law of this stat e relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or conti nuing jurisdiction to enforce its order as provided by §§ 35205, 35206, a nd 35211. § 35203. Initiating and Responding Tribunal of Sta te. Under this Act, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of an other state, and as a responding tribunal for proceedings initiated in an other state or a foreign country. § 35204. Simultaneous Proceedings. (a) A tribunal of this state may exercise jurisdic tion to establish a support order if the petition or comparable pleadin g is filed after a pleading is filed in another state or a foreign cou ntry only if: (1) the petition or comparable pleading in this st ate is filed before the expiration of the time allowed in the ot her state or the foreign country for filing a responsive pleading ch allenging the exercise of jurisdiction by the other state or the foreign country; (2) the

expiration of the time allowed in the ot her state or the foreign country for filing a responsive pleading ch allenging the exercise of jurisdiction by the other state or the foreign country; (2) the contesting party timely challenges the exe rcise of jurisdiction in the other state or the foreign coun try; and (3) if relevant, this state is the home state of t he child. (b) A tribunal of this state may not exercise juri sdiction to establish a support order if the petition or comparable plead ing is filed before a petition or comparable pleading is filed in another state or a foreign country if: (1) the petition or comparable pleading in the oth er state or foreign country is filed before the expiration of t he time allowed in COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 9 this state for filing a responsive pleading challen ging the exercise of jurisdiction by this state; (2) the contesting party timely challenges the exe rcise of jurisdiction in this state; and (3) if relevant, the other state or foreign countr y is the home state of the child. § 35205. Continuing, Exclusive Jurisdiction to Mod ify Child- Support Order.

se of jurisdiction in this state; and (3) if relevant, the other state or foreign countr y is the home state of the child. § 35205. Continuing, Exclusive Jurisdiction to Mod ify Child- Support Order. (a) A tribunal of this state that has issued a chi ld-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: (1) at the time of the filing of a request for mod ification this state is the residence of the obligor, the individu al obligee, or the child for whose benefit the support order is issued ; or (2) even 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 op en court that the tribunal of this state may continue to exercise jur isdiction to modify its order. (b) A tribunal of this state that has issued a chi ld-support order consistent with the law of this state may not exerc ise continuing, exclusive jurisdiction to modify the order if: (1) all of the parties who are individuals file co nsent in a record with the tribunal of this

with the law of this state may not exerc ise continuing, exclusive jurisdiction to modify the order if: (1) all of the parties who are individuals file co nsent in a record with the tribunal of this state that a tribu nal of another state that has jurisdiction over at least one (1) of the parties who is an individual or that is located in the state of resid ence of the child may modify the order and assume continuing, exclusive j urisdiction; or (2) its order is not the controlling order. (c) If a tribunal of another state has issued a ch ild-support order pursuant to the Uniform Interstate Family Support A ct or a law substantially similar to that Act which 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. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 10 (d) A tribunal of this state that lacks continuing , exclusive jurisdiction to modify a child-support order may se rve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

t lacks continuing , exclusive jurisdiction to modify a child-support order may se rve 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 contin uing, exclusive jurisdiction in the issuing tribunal. § 35206. Continuing Jurisdiction to Enforce Child- Support Order. (a) A tribunal of this state that has issued a chi ld-support order consistent with the law 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 orde r and has not been modified by a tribunal of another state that a ssumed jurisdiction pursuant to the Uniform Interstate Fam ily Support Act; or (2) a money judgment for arrears of support and in terest on the order accrued before a determination that an order of a tribunal of another state is the controlling order. (b) A tribunal of this state having continuing juri sdiction over a support order may act as a responding tribunal to e nforce the order. § 35207. Determination of Controlling Child-Suppor t Order.

. (b) A tribunal of this state having continuing juri sdiction over a support order may act as a responding tribunal to e nforce the order. § 35207. Determination of Controlling Child-Suppor t Order. (a) If a proceeding is brought under this Act and only one (1) tribunal has issued a child-support order, the orde r of that tribunal controls and must be recognized. (b) If a proceeding is brought under this Act, and two (2) or more child-support orders have been issued by tribunals of this state, another state, or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jur isdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recogni zed: (1) If only one (1) of the tribunals would have continuing, exclusive jurisdiction under this Act, the order of that tribunal controls. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 11 (2) If more than one (1) of the tribunals would have continuing, exclusive jurisdiction under this Act: (A) an order issued by a tribunal in the current h ome state of the child

FAMILY SUPPORT ACT 11 (2) If more than one (1) of the tribunals would have continuing, exclusive jurisdiction under this Act: (A) an order issued by a tribunal in the current h ome state of the child controls; or (B) if an order has not been issued in the current home state of the child, the order most recently issued controls. (3) If none of the tribunals would have continuing , exclusive jurisdiction under this Act, the tribunal of this s tate shall issue a child-support order, which controls. (c) If two (2) or more child-support orders have b een issued for the same obligor and same child, upon request of a part y who is an individual or that is 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 ). The request may be filed with a registration for en forcement or registration for modification pursuant to Article 6 , or may be filed as a separate proceeding. (d) A request to determine which is the controllin g order must be accompanied by a copy of every child-support order in effect and the applicable record of payments.

filed as a separate proceeding. (d) A request to determine which is the controllin g 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 affec ted by the determination. (e) The tribunal that issued the controlling order under Subsection (a), (b), or (c) has continuing jurisdiction to the extent provided in § 35205 or § 35206. (f) A tribunal of this state that determines by or der which is the controlling order under Subsection (b)(1),(b)(2) or (c), or that issues a new controlling order under Subsection (b)(3), shall state in that order: (1) the basis upon which the tribunal made its det ermination; (2) the amount of prospective support, if any; and (3) the total amount of consolidated arrears and a ccrued interest, if any, under all of the orders after all payments made are credited as provided by § 35209. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 12 (g) Within thirty (30) days after issuance of an o rder determining which is the controlling order, the party obtaining the order shall file a

ERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 12 (g) Within thirty (30) days after issuance of an o rder determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued o r registered an earlier order of child support. A party or support enforcem ent agency obtaining the order that fails to file a certified copy is su bject to appropriate sanctions by a tribunal in which the issue of failu re to file arises. The failure to file does not affect the validity or enf orceability of the controlling order. (h) An order that has been determined to be the co ntrolling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this Section must be recognized in proc eedings under this Act. § 35208. Child-Support Orders for Two or More Obli gees. In responding to registrations or petitions for enf orcement of two (2) or more child-support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one (1) of which was issued by a tribunal of another state or a fore ign country, a tribunal of this state shall enforce those

h regard to the same obligor and different individual obligees, at least one (1) of which was issued by a tribunal of another state or a fore ign country, 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. § 35209. 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, anot her state, or a foreign country. § 35210. Application of Act to Nonresident Subject to Personal Jurisdiction. A tribunal of this state exercising personal jurisd iction over a nonresident in a proceeding under this Act, under a ny other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursua nt to § 35316, communicate with a tribunal outside this state purs uant to § 35317, and obtain discovery through a tribunal outside this st ate pursuant to § 35318.

nce from outside this state pursua nt to § 35316, communicate with a tribunal outside this state purs uant to § 35317, and obtain discovery through a tribunal outside this st ate pursuant to § 35318. In all other respects, Articles 3 through 6 do not apply, and the tribunal shall apply the procedural and substantive law of this s tate. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 13 § 35211. Continuing, Exclusive Jurisdiction to Mod ify Spousal- Support Order. (a) A tribunal of this state issuing a spousal-sup port order consistent with the law of this state has continuin g, 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 spou sal-support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country. (c) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal-support order may serve as: (1) an initiating tribunal to request a tribunal o f another state to enforce the spousal-support order issued in this

as continuing, exclusive jurisdiction over a spousal-support order may serve as: (1) an initiating tribunal to request a tribunal o f another state to enforce the spousal-support order issued in this st ate; or (2) a responding tribunal to enforce or modify its own spousal- support order. ---------- ARTICLE 3 CIVIL PROVISIONS OF GENERAL APPLICATION § 35301. Proceedings Under Act. § 35302. Proceeding by Minor Parent. § 35303. Application of Law of State. § 35304. Duties of Initiating Tribunal. § 35305. Duties and Powers of Responding Tribunal. § 35306. Inappropriate Tribunal. § 35307. Duties of Support Enforcement Agency. § 35308. Duty of Administrative Hearings Officer or Unified Courts of Guam. § 35309. Private Counsel. § 35310. Duties of Child Support Enforcement Divisi on. § 35311. Pleadings and Accompanying Documents. § 35312. Nondisclosure of Information in Exceptiona l Circumstances. § 35313. Costs and Fees. § 35314. Limited Immunity of Petitioner. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 14 § 35315. Nonparentage as Defense. § 35316. Special Rules of Evidence and Procedure. § 35317. Communications Between Tribunals. § 35318.

MENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 14 § 35315. Nonparentage as Defense. § 35316. Special Rules of Evidence and Procedure. § 35317. Communications Between Tribunals. § 35318. Assistance with Discovery. § 35319. Receipt and Disbursement of Payments. § 35301. Proceedings Under Act. (a) Except as otherwise provided in this Act, this Article applies to all proceedings under this Act. (b) An individual petitioner or a support enforcem ent agency may initiate a proceeding authorized under this Act 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 tri bunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent. § 35302. Proceeding by Minor Parent. A minor parent, or a guardian or other legal repres entative of a minor parent, may maintain a proceeding on behalf o f or for the benefit of the minor’s child. § 35303. Application of Law of State. Except as otherwise provided in this Act, a respond ing tribunal of this state shall : (a) apply the procedural and substantive law gener ally applicable to similar proceedings

ation of Law of State. Except as otherwise provided in this Act, a respond ing tribunal of this state shall : (a) apply the procedural and substantive law gener ally applicable to similar proceedings originating in th is state and may exercise all powers and provide all remedies availa ble in those proceedings; and (b) determine the duty of support and the amount p ayable in accordance with the law and support guidelines of t his state. § 35304. Duties of Initiating Tribunal. (a) Upon the filing of a petition authorized by th is Act, an initiating tribunal of this state shall forward the petition and its accompanying documents: (1) to the responding tribunal or appropriate supp ort enforcement agency in the responding state; or COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 15 (2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state wi th a request that they be forwarded to the appropriate tribunal and t hat receipt be acknowledged. (b) If requested by the responding tribunal, a tri bunal of this state shall issue a certificate or other document and make fin dings required by the law of

ribunal and t hat receipt be acknowledged. (b) If requested by the responding tribunal, a tri bunal of this state shall issue a certificate or other document and make fin dings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equ ivalent amount in the foreign currency under applicable official or marke t exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal . § 35305. Duties and Powers of Responding Tribunal. (a) When a responding tribunal of this state recei ves a petition or comparable pleading from an initiating tribunal or directly pursuant to § 35301(b), it shall cause the petition or pleading to be filed and not ify the petitioner where and when it was filed. (b) A responding tribunal of this state, to the ex tent not prohibited by any other law, may do one (1) or more of the fol lowing: (1) establish or enforce a support order, modify a child-support order, determine the controlling child-support orde r, or determine parentage of

other law, may do one (1) or more of the fol lowing: (1) establish or enforce a support order, modify a child-support order, determine the controlling child-support orde r, or determine parentage of a child; (2) order an obligor to comply with a support orde r, specifying the amount and the manner of compliance; (3) order income withholding; (4) determine the amount of any arrearages, and sp ecify a method of payment; (5) enforce orders by civil or criminal contempt, or both; (6) set aside property for satisfaction of the sup port 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, electronic-m ail address, telephone number, employer, address of employment, and telephone number at the place of employment; COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 16 (9) issue a bench warrant for an obligor who has f ailed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer s ystems for criminal warrants; (10) order the obligor to seek appropriate employm ent by

ce to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer s ystems for criminal warrants; (10) order the obligor to seek appropriate employm ent by specified methods; (11) award reasonable attorney’s fees and other fe es and costs; and (12) grant any other available remedy. (c) A responding tribunal of this state shall include in a support order issued under this Act, or in the documents ac companying the order, the calculations on which the support order is base d. (d) A responding tribunal of this state may not co ndition the payment of a support order issued under this Act up on compliance by a party with provisions for visitation. (e) If a responding tribunal of this state issues an order under this Act, 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, arrea rs, 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 o fficial or market exchange rate

reign 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 o fficial or market exchange rate as publicly reported. § 35306. 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 o f this state, or another state, and notify the petitioner where and when the pleading was sent. § 35307. Duties of Support Enforcement Agency. (a) In a proceeding under this Act, a support enfo rcement agency of this state, upon request: (1) shall provide services to a petitioner residing in a sta te; COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 17 (2) shall provide services to a petitioner requesting servic es through a central authority of a foreign country as described in § 35102(5)(A) or (D); and (3) may provide services to a petitioner who is an individual not residing in a state. (b) A support enforcement agency of this state tha t is providing services to the petitioner shall : (1) take all steps

provide services to a petitioner who is an individual not residing in a state. (b) A support enforcement agency of this state tha t is providing services to the petitioner shall : (1) take all steps necessary to enable an appropri ate tribunal of this state, another state, or a foreign country 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 relevan t information, including information as to income and property of the parties; (4) within two (2) days, exclusive of Saturdays, S undays, and legal holidays, after receipt of 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, S undays, and legal holidays, after receipt of communication in a record from the respondent or the respondent’s attorney, send a cop y 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 tha t requests registration of a child-support order in this state for

(6) notify the petitioner if jurisdiction over the respondent cannot be obtained. (c) A support enforcement agency of this state tha t 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 t he controlling order; or (2) if two (2) or more child-support orders exist and the identity of the controlling order has not been dete rmined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 18 (d) A support enforcement agency of this state tha t requests registration and enforcement of a support order, ar rears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dol lars under the applicable official or market exchange rate as publ icly reported. (e) A support enforcement agency of this state shall issue, or request a tribunal of this state to issue, a child- support order and an income-withholding order that redirect payment of c urrent support, arrears, and

orcement agency of this state shall issue, or request a tribunal of this state to issue, a child- support order and an income-withholding order that redirect payment of c urrent support, arrears, and interest if requested to do so by a su pport enforcement agency of another state pursuant to § 35319. (f) This Act does not create or negate a relations hip of attorney and client or other fiduciary relationship between a su pport enforcement agency or the attorney for the agency and the indiv idual being assisted by the agency. § 35308. Duty of Administrative Hearings Officer o r Unified Courts of Guam. (a) If the Administrative Hearings Officer or the Unified Courts of Guam determine that the support enforcement agency is neglecting or refusing to provide services to an individual, the Administrative Hearings Officer or the Unified Courts of Guam may order the agency to perform its duties under this Act or may provide those serv ices directly to the individual. (b) The Administrative Hearings Officer or the Uni fied Courts of Guam may determine that a foreign country has estab lished a reciprocal arrangement for child support with this state and t ake appropriate action for

ative Hearings Officer or the Uni fied Courts of Guam may determine that a foreign country has estab lished a reciprocal arrangement for child support with this state and t ake appropriate action for notification of the determination. § 35309. Private Counsel. An individual may employ private counsel to represe nt the individual in proceedings authorized by this Act. § 35310. Duties of Child Support Enforcement Divis ion. (a) The Child Support Enforcement Division is the state information agency under this Act. (b) The state information agency shall : COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 19 (1) compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this Act, and any support enforcement agencies in this state, and transmit a copy to the state information agency of every other stat e; (2) maintain a register of names and addresses of tribunals and support enforcement agencies received from other st ates; (3) forward to the appropriate tribunal in the cou nty in the state in which the obligee who is an individual or the obligor resides, or in which the obligor’s property is

eceived from other st ates; (3) forward to the appropriate tribunal in the cou nty in the state in which the obligee who is an individual or the obligor resides, or in which the obligor’s property is beli eved to be located, all documents concerning a proceeding under this Ac t received from another state or a foreign country; and (4) obtain information concerning the location of the obligor and the obligor’s property within this state not ex empt from execution, by such means as postal verification and federal or state locator services, examination of telephone director ies, requests for the obligor’s address from employers, and examinati on of governmental records, including, to the extent not prohibited by any other law, those relating to real property, vital s tatistics, law enforcement, taxation, motor vehicles, driver’s lic enses, and social security. § 35311. Pleadings and Accompanying Documents. (a) In a proceeding under this Act, a petitioner s eeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another sta te or a foreign country must file a petition.

titioner s eeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another sta te or a foreign country must file a petition. Unless otherwise ordered unde r § 35312, the petition or accompanying documents must provide, so far as k nown, the name, residential address, and social security numbers of the obligor and the obligee, or the parent and alleged parent, 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 mus t be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other inform ation that may assist in locating or identifying the respondent. (b) The petition must specify the relief sought. T he petition and accompanying documents must conform substantially w ith the COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 20 requirements imposed by the forms mandated by feder al law for use in cases filed by a support enforcement agency.

OL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 20 requirements imposed by the forms mandated by feder al law for use in cases filed by a support enforcement agency. § 35312. Nondisclosure of Information in Exception al Circumstances. If a party alleges in an affidavit or a pleading un der oath that the health, safety, or liberty of a party or child woul d be jeopardized by disclosure of specific identifying information, tha t information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideratio n the health, safety, or liberty of the party or child, the tribunal may ord er disclosure of information that the tribunal determines to be in t he interest of justice. § 35313. Costs and Fees. (a) The petitioner may not be required to pay a fi ling fee or other costs. (b) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable a ttorney’s fees, other costs, and necessary travel and other reasonable ex penses incurred by the obligee and the obligee’s witnesses.

his state may assess against an obligor filing fees, reasonable a ttorney’s fees, other costs, and necessary travel and other reasonable ex penses incurred by the obligee and the obligee’s witnesses. The tribunal m ay not assess fees, costs, or expenses against the obligee or the suppo rt enforcement agency of either the initiating or responding state or for eign country, except as provided by any other law. Attorney’s fees may be t axed as costs, and may be ordered paid directly to the attorney, who m ay 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’s fees if it determines that a hearing was requested primarily for delay. In a proceeding under Article 6, a hearing i s presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. § 35314. Limited Immunity of Petitioner. (a) Participation by a petitioner in a proceeding under this Act before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcemen t agency,

(a) Participation by a petitioner in a proceeding under this Act before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcemen t agency, does not confer personal jurisdiction over the petitioner in another proceeding. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 21 (b) A petitioner is not amenable to service of civ il process while physically present in this state to participate in a proceeding under this Act. (c) The immunity granted by this Section does not extend to civil litigation based on acts unrelated to a proceeding under this Act committed by a party while physically present in th is state to participate in the proceeding. § 35315. Nonparentage as Defense. A party whose parentage of a child has been previou sly determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this Act. § 35316. Special Rules of Evidence and Procedure. (a) The physical presence of a nonresident party w ho is an individual in a tribunal of this state is not requi red for the establishment, enforcement, or modification of a support order or the rendition of a

hysical presence of a nonresident party w ho is an individual in a tribunal of this state is not requi red for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. (b) An affidavit, a document substantially complyi ng with federally mandated forms, or a document incorporated by refer ence in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under pe nalty of perjury by a party or witness residing outside this state. (c) A copy of the record of child-support payments certified as a true copy of the original by the custodian of the r ecord may be forwarded to a responding tribunal. The copy is evidence of f acts asserted in it, and is admissible to show whether payments were made. (d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother an d child, furnished to the adverse party at least ten (10) days before tri al, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

rnished to the adverse party at least ten (10) days before tri al, 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 outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be e xcluded from evidence on an objection based on the means of tran smission. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 22 (f) In a proceeding under this Act, a tribunal of this state shall permit a party or witness residing outside this sta te to be deposed or to testify under penalty of perjury by telephone, audi ovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimon y. (g) If a party called to testify at a civil hearin g refuses to answer on the ground that the testimony may be self-incrimina ting, the trier of fact may draw an adverse inference from the refusal.

. (g) If a party called to testify at a civil hearin g refuses to answer on the ground that the testimony may be self-incrimina ting, the trier of fact may draw an adverse inference from the refusal. (h) A privilege against disclosure of communicatio ns between spouses does not apply in a proceeding under this A ct. (i) The defense of immunity based on the relations hip of husband and wife or parent and child does not apply in a pr oceeding under this Act. (j) A voluntary acknowledgment of paternity, certi fied as a true copy, is admissible to establish parentage of the c hild. § 35317. Communications Between Tribunals. A tribunal of this state may communicate with a tri bunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal e ffect of a judgment, decree, or order of that tribunal, and the status o f a proceeding. A tribunal of this state may furnish similar informat ion by similar means to a tribunal outside this state. § 35318. Assistance with Discovery. A tribunal of this state may: (a) request a tribunal outside this state to assis t in obtaining discovery; and (b) upon request, compel a

bunal outside this state. § 35318. Assistance with Discovery. A tribunal of this state may: (a) request a tribunal outside this state to assis t in obtaining discovery; and (b) upon request, compel a person over which it ha s jurisdiction to respond to a discovery order issued by a tribunal outside this state. § 35319. Receipt and Disbursement of Payments. (a) A support enforcement agency or tribunal of th is 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 COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 23 party or tribunal of another state or a foreign cou ntry a certified statement by the custodian of the record of the amo unts and dates of all payments received. (b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or 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 oblige e

tate, the support enforcement agency of this state or 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 oblige e is receiving services; and (2) issue and send to the obligor’s employer a con forming income-withholding order or an administrative notic e of change of payee, reflecting the redirected payments. (c) The support enforcement agency of this state r eceiving redirected payments from another state pursuant to a law similar to Subsection (b) shall furnish to a requesting party or tribunal of the o ther state a certified statement by the custodian of the record of the amount and dates of all payments received. ---------- ARTICLE 4 ESTABLISHMENT OF SUPPORT ORDER OR DETERMINATION OF PARENTAGE § 35401. Establishment of Support Order. § 35402. Proceeding to Determine Parentage. § 35401. Establishment of Support Order. (a) If a support order entitled to recognition und er this Act has not been issued, a responding tribunal of this state wi th personal jurisdiction over the parties may issue a support order if: (1) the individual seeking the order resides outsi de this state; or (2) the support

ed, a responding tribunal of this state wi th personal jurisdiction over the parties may issue a support order if: (1) the individual seeking the order resides outsi de this state; or (2) the support enforcement agency seeking the ord er is located outside this state. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 24 (b) The tribunal may issue a temporary child-suppo rt order if the tribunal determines that such an order is appropria te 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 t o genetic testing; (5) shown by clear and convincing evidence to be t he father of the child; (6) an acknowledged father as provided by applicab le state law; (7) the mother of the child; or (8) an individual who has been ordered to pay chil d support in a previous proceeding and the order has not been re versed or vacated. (c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to

d the order has not been re versed or vacated. (c) Upon finding, after notice and 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 § 35305. § 35402. Proceeding to Determine Parentage. A tribunal of this state authorized to determine pa rentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this Act, or a l aw or procedure substantially similar to this Act. ---------- ARTICLE 5 ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION § 35501. Employer’s Receipt of Income-Withholding O rder of Another State. § 35502. Employer’s Compliance with Income-Withhold ing Order of Another State. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 25 § 35503. Employer’s Compliance with Two or More Inc ome- Withholding Orders. § 35504. Immunity from Civil Liability. § 35505. Penalties for Noncompliance. § 35506. Contest by Obligor. § 35507. Administrative Enforcement of Orders. § 35501. Employer’s Receipt of Income-Withholding Order of Another State.

Liability. § 35505. Penalties for Noncompliance. § 35506. Contest by Obligor. § 35507. Administrative Enforcement of Orders. § 35501. 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 enfo rcement agency, to the person defined as the obligor’s employer under the income-withholding law of this state without first filing a petition o r comparable pleading or registering the order with a tribunal of this state . § 35502. Employer’s Compliance with Income-Withhol ding Order of Another State. (a) Upon receipt of an income-withholding order, t he obligor’s employer shall immediately provide a copy of the order to the obl igor. (b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state. (c) Except as otherwise provided in Subsection (d) and § 35503, the employer shall withhold and distribute the funds as directed in t he withholding order by complying with the terms of th e order which specify: (1) the duration and amount of periodic payments o f

he employer shall withhold and distribute the funds as directed in t he withholding order by complying with the terms of th e order which specify: (1) the duration and amount of periodic payments o f 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 period ic cash payments, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a pol icy available through the obligor’s employment; COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 26 (4) the amount of periodic payments of fees and co sts for a support enforcement agency, the issuing tribunal, a nd the obligee’s attorney, stated as sums certain; and (5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (d) An employer shall comply with the laws of the state of the obligor’s principal place of employment for withhol ding from income with respect to: (1) the employer’s fee for processing an income-wi thholding order; (2) the maximum amount permitted to be

of the obligor’s principal place of employment for withhol ding from income with respect to: (1) the employer’s fee for processing an income-wi thholding order; (2) the maximum amount permitted to be withheld fr om the obligor’s income; and (3) the times within which the employer must imple ment the withholding order and forward the child-support pay ment. § 35503. Employer’s Compliance with Two or More In come- Withholding Orders. If an obligor’s employer receives two (2) or more i ncome- withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the e mployer complies with the law of the state of the obligor’s principal pla ce of employment to establish the priorities for withholding and alloca ting income withheld for two (2) or more child-support obligees. § 35504. Immunity from Civil Liability. An employer that complies with an income-withholdin g order issued in another state in accordance with this Art icle is not subject to civil liability to an individual or agency with reg ard to the employer’s withholding of child support from the obligor’s inc ome. § 35505. Penalties for Noncompliance.

his Art icle is not subject to civil liability to an individual or agency with reg ard to the employer’s withholding of child support from the obligor’s inc ome. § 35505. Penalties for Noncompliance. An employer that willfully fails to comply with an income- withholding order issued in another state and recei ved for enforcement is subject to the same penalties that may be imposed f or noncompliance with an order issued by a tribunal of this state. § 35506. Contest by Obligor. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 27 (a) An obligor may contest the validity or enforce ment of an income-withholding order issued in another state an d received directly by an employer in this state by registering the ord er in a tribunal of this state and filing a contest to that order as provide d in Article 6, or otherwise contesting the order in the same manner a s 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 service s to the obligee; (2) each employer that has directly received an in come- withholding order relating to the obligor; and (3) the

of the contest to: (1) a support enforcement agency providing service s to the obligee; (2) each employer that has directly received an in come- withholding order relating to the obligor; and (3) the person designated to receive payments in t he income- withholding order or, if no person is designated, t o the obligee. § 35507. Administrative Enforcement of Orders. (a) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or bo th, issued in another state or a foreign support order may send the docum ents required for registering the order to a support enforcement agen cy of this state. (b) Upon receipt of the documents, the support enf orcement agency, without initially seeking to register the o rder, shall consider and, if appropriate, use any administrative procedure au thorized by the laws of this state to enforce a support order or an inco me-withholding order, or both. If the obligor does not contest administra tive enforcement, the order need not be registered. If the obligor contes ts the validity or administrative enforcement of the order, the suppor t enforcement agency shall register the order pursuant to this act.

ent, the order need not be registered. If the obligor contes ts the validity or administrative enforcement of the order, the suppor t enforcement agency shall register the order pursuant to this act. ---------- ARTICLE 6 REGISTRATION , ENFORCEMENT , AND MODIFICATION OF SUPPORT ORDER Subarticle 1. Registration for Enforcement of Suppo rt Order. Subarticle 2. Contest of Validity or Enforcement. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 28 Subarticle 3. Registration and Modification of Chil d-Support Order of Another State. Subarticle 4. Registration and Modification of Fore ign Child-Support Order. SUBARTICLE 1 REGISTRATION FOR ENFORCEMENT OF SUPPORT ORDER § 35601. Registration of Order for Enforcement. § 35602. Procedure to Register Order for Enforcemen t. § 35603. Effect of Registration for Enforcement. § 35604. Choice of Law. § 35601. Registration of Order for Enforcement. A support order or income-withholding order issued in another state or a foreign support order may be registered in thi s state for enforcement. § 35602. Procedure to Register Order for Enforceme nt.

A support order or income-withholding order issued in another state or a foreign support order may be registered in thi s state for enforcement. § 35602. Procedure to Register Order for Enforceme nt. (a) Except as otherwise provided in § 35706, a sup port order or income-withholding order of another state or a fore ign support order may be registered in this state by sending the followin g records to the appropriate tribunal in this state: (1) a letter of transmittal to the tribunal reques ting registration and enforcement; (2) two (2) copies, including one (1) certified co py, of the order to be registered, including any modification of the order; (3) a sworn statement by the person requesting reg istration 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 numb er; (B) the name and address of the obligor’s employer and any other source of income of the obligor; and (C) a description and the location of property of the obligor in this state not exempt from execution; an d COL12420155 GCA GOVERNMENT OPERATIONS CH.

nd any other source of income of the obligor; and (C) a description and the location of property of the obligor in this state not exempt from execution; an d COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 29 (5) except as otherwise provided in § 35312, the n ame and address of the obligee and, if applicable, the pers on 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 an order of a tribu nal of another state or a foreign support order, together with one (1) c opy of the documents and information, regardless of their form. (c) A petition or comparable pleading seeking a re medy that must be affirmatively sought under other laws of this st ate may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought. (d) If two (2) or more orders are in effect, the p erson requesting registration shall : (1) furnish to the tribunal a copy of every suppor t order asserted to be in effect in addition to the documen ts specified in this Section; (2) specify the order alleged to be the

gistration shall : (1) furnish to the tribunal a copy of every suppor t order asserted to be in effect in addition to the documen ts specified in this Section; (2) specify the order alleged to be the controllin g order, if any; and (3) specify the amount of consolidated arrears, if any. (e) A request for a determination of which is the controlling order may be filed separately or with a request for regis tration and enforcement or for registration and modification. The person re questing registration shall give notice of the request to each party whose rig hts may be affected by the determination. § 35603. Effect of Registration for Enforcement. (a) A support order or income-withholding order is sued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state. (b) A registered support order issued in another s tate or a foreign country is enforceable in the same manner and is su bject to the same procedures as an order issued by a tribunal of this state. (c) Except as otherwise provided in this Act, a tr ibunal of this state shall recognize and enforce, but may not modify, a regis tered support order if the issuing

issued by a tribunal of this state. (c) Except as otherwise provided in this Act, a tr ibunal of this state shall recognize and enforce, but may not modify, a regis tered support order if the issuing tribunal had jurisdiction. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 30 § 35604. Choice of Law. (a) Except as otherwise provided in Subsection (d) , the law of the issuing state or foreign country governs: (1) the nature, extent, amount, and duration of cu rrent payments under a registered support order; (2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (3) the existence and satisfaction of other obliga tions 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 issu ing state or foreign country, whichever is longer, applies. (c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current suppo rt and collect arrears and interest due on a support order of another stat e or a foreign country registered in this state.

ll apply the procedures and remedies of this state to enforce current suppo rt and collect arrears and interest due on a support order of another stat e or a foreign country registered in this state. (d) After a tribunal of this state or another stat e determines which is the controlling order and issues an order consolida ting arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, incl uding its law on interest on arrears, on current and future support, and on c onsolidated arrears. SUBARTICLE 2 CONTEST OF VALIDITY OR ENFORCEMENT § 35605. Notice of Registration of Order. § 35606. Procedure to Contest Validity or Enforceme nt of Registered Support Order. § 35607. Contest of Registration or Enforcement. § 35608. Confirmed Order. § 35605. Notice of Registration of Order. (a) When a support order or income-withholding ord er issued in another state or a foreign support order is registe red, the registering tribunal of this state shall notify the nonregistering party. The notice COL12420155 GCA GOVERNMENT OPERATIONS CH.

r issued in another state or a foreign support order is registe red, the registering tribunal of this state shall notify the nonregistering party. The notice COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 31 must be accompanied by a copy of the registered ord er and the documents and relevant information accompanying the order. (b) A notice must inform the nonregistering party: (1) that a registered support order is enforceable as of the date of registration in the same manner as an order issu ed by a tribunal of this state; (2) that a hearing to contest the validity or enfo rcement of the registered order must be requested within twenty (2 0) days after notice, unless the registered order is under § 35707; (3) that failure to contest the validity or enforc ement 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 (4) of the amount of any alleged arrearages. (c) If the registering party asserts that two (2) or more orders are in effect, a notice must also: (1) identify the two (2) or more orders and the or der alleged by the registering party to be the

. (c) If the registering party asserts that two (2) or more orders are in effect, a notice must also: (1) identify the two (2) or more orders and the or der alleged by the registering party to be the controlling order a nd the consolidated arrears, if any; (2) notify the nonregistering party of the right t o a determination of which is the controlling order; (3) state that the procedures provided in Subsecti on (b) apply to the determination of which is the controlling or der; and (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 contro lling order. (d) Upon registration of an income-withholding ord er for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor’s employer pursuant to the inco me-withholding law of this state. § 35606. Procedure to Contest Validity or Enforcem ent of Registered Support Order. (a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this s tate shall request a COL12420155 GCA GOVERNMENT OPERATIONS CH.

istered Support Order. (a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this s tate shall request a COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 32 hearing within the time required by § 35605. The no nregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to c ontest the remedies being sought or the amount of any alleged arrearage s pursuant to § 35607. (b) If the nonregistering party fails to contest t he validity or enforcement of the registered support order in a ti mely manner, the order is confirmed by operation of law. (c) If a nonregistering party requests a hearing t o contest the validity or enforcement of the registered support o rder, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing . § 35607. Contest of Registration or Enforcement. (a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one (1) or more of the

of Registration or Enforcement. (a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one (1) or more of the following defenses: (1) the issuing tribunal lacked personal jurisdict ion over the contesting party; (2) the order was obtained by fraud; (3) the order has been vacated, suspended, or modi fied by a later order; (4) the issuing tribunal has stayed the order pend ing 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 under § 35604 preclu des enforcement of some or all of the alleged arrearage s; or (8) the alleged controlling order is not the contr olling order. (b) If a party presents evidence establishing a fu ll or partial defense under Subsection (a), a tribunal may stay enforceme nt of a registered support order, continue the proceeding to permit pr oduction of additional relevant evidence, and issue other appropriate orde rs. An uncontested COL12420155 GCA GOVERNMENT OPERATIONS CH.

registered support order, continue the proceeding to permit pr oduction of additional relevant evidence, and issue other appropriate orde rs. An uncontested COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 33 portion of the registered support order may be enfo rced by all remedies available under the laws of this state. (c) If the contesting party does not establish a d efense under Subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order. § 35608. Confirmed Order. Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been ass erted at the time of registration. SUBARTICLE 3 REGISTRATION AND MODIFICATION OF CHILD -SUPPORT ORDER OF ANOTHER STATE § 35609. Procedure to Register Child-Support Order of Another State for Modification. § 35610. Effect of Registration for Modification. § 35611. Modification of Child-Support Order of Ano ther State. § 35612. Recognition of Order Modified in Another S tate. § 35613.

for Modification. § 35610. Effect of Registration for Modification. § 35611. Modification of Child-Support Order of Ano ther State. § 35612. Recognition of Order Modified in Another S tate. § 35613. Jurisdiction to Modify Child-Support Order of Another State When Individual Parties Reside in this State. § 35614. Notice to Issuing Tribunal of Modificatio n. § 35609. Procedure to Register Child-Support Order of Another State for Modification. A party or support enforcement agency seeking to mo dify, or to modify and enforce, a child-support order issued in another state shall register that order in this state in the same manne r provided in §§ 35601 through 35608 if the order has not been registered. A petition for modification may be filed at the same time as a req uest for registration, or later. The pleading must specify the grounds for modification. § 35610. Effect of Registration for Modification. A tribunal of this state may enforce a child-suppor t order of another state registered for purposes of modification, in t he same manner as if the order had been issued by a tribunal of this state, but the registered COL12420155 GCA GOVERNMENT OPERATIONS CH.

of another state registered for purposes of modification, in t he same manner as if the order had been issued by a tribunal of this state, but the registered COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 34 support order may be modified only if the requireme nts of § 35611 or § 35613 have been met. § 35611. Modification of Child-Support Order of An other State. (a) If § 35613 does not apply, upon petition, a tr ibunal of this state may modify a child-support order issued in another state which is registered in this state if, after notice and heari ng, the tribunal finds that: (1) the following requirements are met: (A) neither the child, nor the obligee who is an i ndividual, nor the obligor resides in the issuing state; (B) a petitioner who is a nonresident of this stat e seeks modification; and (C) the respondent is subject to the personal juri sdiction of the tribunal of this state; or (2) this state is the 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 individu als have filed consents in a record in the issuing tribunal for a

y who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individu als have filed consents in a 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 ord er is subject to the same requirements, procedures, and defenses that ap ply to the modification of an order issued by a tribunal of th is state and the order may be enforced and satisfied in the same manner. (c) A tribunal of this state may not modify any as pect of a child- support order that may not be modified under the la w of the issuing state, including the duration of the obligation of support . If two (2) or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and must be so recog nized under § 35207 establishes the aspects of the support order which are not modifiable. (d) In a proceeding to modify a child-support orde r, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support.

difiable. (d) In a proceeding to modify a child-support orde r, 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 t hat order precludes imposition of a further obligation of support by a tribunal of this state. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 35 (e) On the issuance of an order by a tribunal of t his state modifying a child-support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive j urisdiction. (f) Notwithstanding Subsections (a) through (e) an d § 35201(b), a tribunal of this state retains jurisdiction to modi fy an order issued by a tribunal of this state if: (1) one (1) party resides in another state; and (2) the other party resides outside the United Sta tes. § 35612. Recognition of Order Modified in Another State. If a child-support order issued by a tribunal of th is state is modified by a tribunal of another state which assumed jurisd iction pursuant to the Uniform Interstate Family Support Act, a tribunal o f this

ild-support order issued by a tribunal of th is state is modified by a tribunal of another state which assumed jurisd iction pursuant to the Uniform Interstate Family Support Act, a tribunal o f this state: (a) may enforce its order that was modified only a s to arrears and interest accruing before the modification; (b) may provide appropriate relief for violations of its order which occurred before the effective date of the mod ification; and (c) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement. § 35613. Jurisdiction to Modify Child-Support Orde r of Another State When Individual Parties Reside in this State. (a) If all of the parties who are individuals resi de in this state and the child does not reside in the issuing state, a t ribunal of this state has jurisdiction to enforce and to modify the issuing s tate’s child-support order in a proceeding to register that order. (b) A tribunal of this state exercising jurisdicti on under this Section shall apply the provisions of Articles 1 and 2, this Art icle, and the procedural and substantive law of this state to the proceeding for enforcement or modification.

jurisdicti on under this Section shall apply the provisions of Articles 1 and 2, this Art icle, and the procedural and substantive law of this state to the proceeding for enforcement or modification. Articles 3, 4, 5, 7, a nd 8 do not apply. § 35614. Notice to Issuing Tribunal of Modificatio n. Within thirty (30) days after issuance of a modifie d child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had contin uing, exclusive jurisdiction over the earlier order, and in each tr ibunal in which the party COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 36 knows the earlier order has been registered. A part y who 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 t he modified order of the new tribunal having continuing, exclusive jurisdict ion. SUBARTICLE 4 REGISTRATION AND MODIFICATION OF FOREIGN CHILD -SUPPORT ORDER § 35615. Jurisdiction to Modify Child-Support Order of Foreign Country. § 35616.

having continuing, exclusive jurisdict ion. SUBARTICLE 4 REGISTRATION AND MODIFICATION OF FOREIGN CHILD -SUPPORT ORDER § 35615. Jurisdiction to Modify Child-Support Order of Foreign Country. § 35616. Procedure to Register Child-Support Order of Foreign Country for Modification. § 35615. Jurisdiction to Modify Child-Support Orde r of Foreign Country. (a) Except as otherwise provided in § 35711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child-support order and bind all individ uals subject to the personal jurisdiction of the tribunal, whether the consent to modification of a child-support order otherwise required of the individual pursuant to § 35611 has been given, or whether the individual s eeking modification is a resident of this state or of the foreign count ry. (b) An order issued by a tribunal of this state mo difying a foreign child-support order pursuant to this Section is the controlling order. § 35616. Procedure to Register Child-Support Order of Foreign Country for Modification.

bunal of this state mo difying a foreign child-support order pursuant to this Section is the controlling order. § 35616. Procedure to Register Child-Support Order of Foreign Country for Modification. A party or support enforcement agency seeking to mo dify, or to modify and enforce, a foreign child-support order n ot under the Convention may register that order in this state un der §§ 35601 through 35608, if the order has not been registered. A peti tion for modification may be filed at the same time as a request for regi stration, or at another time. The petition must specify the grounds for mod ification. ---------- COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 37 ARTICLE 7 SUPPORT PROCEEDING UNDER CONVENTION § 35701. Definitions. § 35702. Applicability. § 35703. Relationship of Child Support Enforcement Division to United States Central Authority. § 35704. Initiation by Child Support Enforcement Di vision of Support Proceeding under Convention. § 35705. Direct Request. § 35706. Registration of Convention Support Order. § 35707. Contest of Registered Convention Support O rder. § 35708.

cement Di vision of Support Proceeding under Convention. § 35705. Direct Request. § 35706. Registration of Convention Support Order. § 35707. Contest of Registered Convention Support O rder. § 35708. Recognition and Enforcement of Registered Convention Support Order. § 35709. Partial Enforcement. § 35710. Foreign Support Agreement. § 35711. Modification of Convention Child-Support O rder. § 35712. Personal Information; Limit on Use. § 35713. Record in Original Language; English Trans lation. § 35701. Definitions. In this Article: (a) Application means 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. (b) Central authority means the entity designated by the United States or a foreign country described in § 35102(5) (D) to perform the functions specified in the Convention. (c) Convention support order means a support order of a tribunal of a foreign country described in § 35102(5)(D). (d) Direct request means 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.

ed in § 35102(5)(D). (d) Direct request means 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. (e) Foreign central authority means the entity designated by a foreign country described in § 35102(5)(D) to perfo rm the functions specified in the Convention. (f) Foreign support agreement : COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 38 (1) means an agreement for support in a record tha t: (A) is enforceable as a support order in the count ry of origin; (B) has been: (i) formally drawn up or registered as an authenti c instrument by a foreign tribunal; or (ii) authenticated by, or concluded, registered, o r filed with a foreign tribunal; and (C) may be reviewed and modified by a foreign trib unal; and (2) includes a maintenance arrangement or authenti c instrument under the Convention. (g) United States central authority means the Secretary of the United States Department of Health and Human Servic es. § 35702. Applicability. This Article applies only to a support proceeding u nder the Convention.

s central authority means the Secretary of the United States Department of Health and Human Servic es. § 35702. Applicability. This Article applies only to a support proceeding u nder the Convention. In such a proceeding, if a provision of this Article is inconsistent with Articles 1 through 6, this Articl e controls. § 35703. Relationship of Child Support Enforcement Division to United States Central Authority. The Child Support Enforcement Division of this stat e is recognized as the agency designated by the United States centr al authority to perform specific functions under the Convention. § 35704. Initiation by Child Support Enforcement D ivision of Support Proceeding Under Convention. (a) In a support proceeding under this Article, th e Child Support Enforcement Division of this state shall : (1) transmit and receive applications; and (2) initiate or facilitate the institution of a pr oceeding regarding an application in a tribunal of this stat e. (b) The following support proceedings are availabl e to an obligee under the Convention: COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 39 (1) recognition or recognition and enforcement of a

roceedings are availabl e to an obligee under the Convention: COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 39 (1) recognition or recognition and enforcement of a foreign support order; (2) enforcement of a support order issued or recog nized in this state; (3) establishment of a support order if there is n o existing order, including, if necessary, determination of pa rentage of a child; (4) establishment of a support order if recognitio n of a foreign support order is refused under § 35708(b)(2), (4), or (9); (5) modification of a support order of a tribunal of this state; and (6) modification of a support order of a tribunal of another state or a foreign country. (c) The following support proceedings are availabl e under the Convention to an obligor against which there is an existing support order: (1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state; (2) modification of a support order of a tribunal of this state; and (3) modification of a support order of a tribunal of another state or a foreign country.

upport order of a tribunal of this state; (2) modification of a support order of a tribunal of this state; and (3) modification of a support order of a tribunal of another state or a foreign country. (d) A tribunal of this state may not require secur ity, bond, or deposit, however described, to guarantee the paymen t of costs and expenses in proceedings under the Convention. § 35705. Direct Request. (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies. (b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement . In the proceeding, §§ 35706 through 35713 apply. (c) In a direct request for recognition and enforc ement of a Convention support order or foreign support agreeme nt: COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 40 (1) a security, bond, or deposit is not required t o guarantee the payment of costs and expenses; and (2) an obligee or obligor that in the issuing coun try has benefited from free legal assistance is entitled to benefit, at least

t is not required t o guarantee the payment of costs and expenses; and (2) an obligee or obligor that in the issuing coun try has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance pro vided for by the laws of this state under the same circumstances. (d) A petitioner filing a direct request is not en titled to assistance from the Child Support Enforcement Division. (e) This Article does not prevent the application of laws of this state that provide simplified, more expeditious rules reg arding a direct request for recognition and enforcement of a foreign suppor t order or foreign support agreement. § 35706. Registration of Convention Support Order. (a) Except as otherwise provided in this Article, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in Article 6. (b) Notwithstanding §§ 35311 and 35602(a), a reque st for registration of a Convention support order must be accompanied by: (1) a complete text of the support order or an abs tract or extract of the support order drawn up by the issuin g foreign

que st for registration of a Convention support order must be accompanied by: (1) a complete text of the support order or an abs tract or extract of the support order drawn up by the issuin g foreign tribunal, which may be in the form recommended by the Hague C onference on Private International Law; (2) a record stating that the support order is enf orceable in the issuing country; (3) if the respondent did not appear and was not r epresented in the proceedings in the issuing country, a record at testing, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an oppor tunity to be heard in a challenge or appeal on fact or law befor e a tribunal; (4) a record showing the amount of arrears, if any , and the date the amount was calculated; COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 41 (5) a record showing a requirement for automatic a djustment of the amount of support, if any, and the informati on necessary to make the appropriate calculations; and (6) if necessary, a record showing the extent to w hich the applicant

automatic a djustment of the amount of support, if any, and the informati on necessary to make the appropriate calculations; and (6) if necessary, a record showing the extent to w hich the applicant received free legal assistance in the iss uing country. (c) A request for registration of a Convention sup port order may seek recognition and partial enforcement of the ord er. (d) A tribunal of this state may vacate the regist ration of a Convention support order without the filing of a co ntest under § 35707 only if, acting on its own motion, the tribunal fin ds that recognition and enforcement of the order would be manifestly incomp atible with public policy. (e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convent ion support order. § 35707. Contest of Registered Convention Support Order. (a) Except as otherwise provided in this Article, §§ 35605 through 35608 apply to a contest of a registered Convention support order. (b) A party contesting a registered Convention sup port order shall file a contest not later than thirty (30) days afte r notice of the registration, but if the contesting party does not reside in

r. (b) A party contesting a registered Convention sup port order shall file a contest not later than thirty (30) days afte r notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty (60) days after notice of the registration. (c) If the nonregistering party fails to contest t he registered Convention support order by the time specified in S ubsection (b), the order is enforceable. (d) A contest of a registered Convention support o rder may be based only on grounds set forth in § 35708. The con testing party bears the burden of proof. (e) In a contest of a registered Convention suppor t order, a tribunal of this state: (1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and (2) may not review the merits of the order. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 42 (f) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision. (g) A challenge or appeal, if any, does not stay t he enforcement of a Convention support order unless there are exceptional

onvention support order shall promptly notify the parties of its decision. (g) A challenge or appeal, if any, does not stay t he enforcement of a Convention support order unless there are exceptional circumstances. § 35708. Recognition and Enforcement of Registered Convention Support Order. (a) Except as otherwise provided in Subsection (b) , a tribunal of this state shall recognize and enforce a registered Convention supp ort order. (b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcemen t of a registered Convention support order: (1) recognition and enforcement of the order is ma nifestly incompatible with public policy, including the fail ure of the issuing tribunal to observe minimum standards of due proces s, which include notice and an opportunity to be heard; (2) the issuing tribunal lacked personal jurisdict ion consistent with § 35201; (3) the order is not enforceable in the issuing co untry; (4) the order was obtained by fraud in connection with a matter of procedure; (5) a record transmitted in accordance with § 3570 6 lacks authenticity or integrity; (6) a proceeding between the same parties and havi ng the

ined by fraud in connection with a matter of procedure; (5) a record transmitted in accordance with § 3570 6 lacks authenticity or integrity; (6) a proceeding between the same parties and havi ng the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed; (7) the order is incompatible with a more recent s upport order involving the same parties and having the same purp ose if the more recent support order is entitled to recognition and enforcement under this Act in this state; (8) payment, to the extent alleged arrears have be en paid in whole or in part; COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 43 (9) in a case in which the respondent neither appe ared nor was represented in the proceeding in the issuing foreig n country: (A) if the law of that country provides for prior notice of proceedings, the respondent did not have proper not ice of the proceedings and an opportunity to be heard; or (B) if the law of that country does not provide fo r prior notice of the proceedings, the respondent did not h ave proper notice of the order and an opportunity to be heard in a challenge or appeal on fact

the law of that country does not provide fo r prior notice of the proceedings, the respondent did not h ave proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribuna l; or (10) the order was made in violation of § 35711. (c) If a tribunal of this state does not recognize a Convention support order under Subsections (b)(2), (4), or (9) : (1) the tribunal may not dismiss the proceeding wi thout allowing a reasonable time for a party to request t he establishment of a new Convention support order; and (2) the Child Support Enforcement Division shall take all appropriate measures to request a child-support ord er for the obligee if the application for recognition and enforcement was received under § 35704. § 35709. Partial Enforcement. If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support ord er. § 35710. Foreign Support Agreement. (a) Except as otherwise provided in Subsections (c ) and (d), a tribunal of this state shall

ek recognition and partial enforcement of a Convention support ord er. § 35710. Foreign Support Agreement. (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 recogniti on and enforcement of a foreign support agreement must be accompanied by: (1) a complete text of the foreign support agreeme nt; and (2) a record stating that the foreign support agre ement is enforceable as an order of support in the issuing c ountry. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 44 (c) A tribunal of this state may vacate the regist ration of a foreign support agreement only if, acting on its own motion , the tribunal finds that recognition and enforcement would be manifestl y 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 i s manifestly incompatible with public policy; (2) the agreement was obtained by fraud or falsifi cation; (3)

forcement of the agreement if it finds: (1) recognition and enforcement of the agreement i s manifestly incompatible with public policy; (2) the agreement was obtained by fraud or falsifi cation; (3) the agreement is incompatible with a support o rder involving the same parties and having the same purp ose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this Act in this state; or (4) the record submitted under Subsection (b) lack s authenticity or integrity. (e) A proceeding for recognition and enforcement o f a foreign support agreement must be suspended during the pend ency of a challenge to or appeal of the agreement before a tr ibunal of another state or a foreign country. § 35711. Modification of Convention Child-Support Order. (a) A tribunal of this state may not modify a Conv ention child- support order if the obligee remains a resident of the foreign country where the support order was issued unless : (1) the obligee submits to the jurisdiction of a t ribunal of this state, either expressly or by defending on the meri ts of the case without objecting to the jurisdiction at the first available

ss : (1) the obligee submits to the jurisdiction of a t ribunal of this state, either expressly or by defending on the meri ts of the case without objecting to the jurisdiction at the first available opportunity; or (2) the foreign tribunal lacks or refuses to exerc ise jurisdiction to modify its support order or issue a new support order. (b) If a tribunal of this state does not modify a Convention child- support order because the order is not recognized i n this state, § 35708(c) applies. § 35712. Personal Information; Limit on Use. COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 45 Personal information gathered or transmitted under this Article may be used only for the purposes for which it was gath ered or transmitted. § 35713. Record in Original Language; English Tran slation. A record filed with a tribunal of this state under this Article must be in the original language and, if not in English, mu st be accompanied by an English translation. ---------- ARTICLE 8 INTERSTATE RENDITION § 35801. Grounds for Rendition. § 35802. Conditions of Rendition. § 35801. Grounds for Rendition.

in English, mu st be accompanied by an English translation. ---------- ARTICLE 8 INTERSTATE RENDITION § 35801. Grounds for Rendition. § 35802. Conditions of Rendition. § 35801. Grounds for Rendition. (a) For purposes of this Article, governor includes an individual performing the functions of governor or the executi ve authority of a state covered by this Act. (b) The governor of this state may: (1) demand that the governor of another state surr ender 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; or (2) on the demand of the governor of another state , surrender an individual found in this state who is charged cr iminally in the other state with having failed to provide for the s upport of an obligee. (c) A provision for extradition of individuals not inconsistent with this Act applies to the demand even if the individu al whose surrender is demanded was not in the demanding state when the cr ime was allegedly committed and has not fled therefrom. § 35802. Conditions of Rendition. (a) Before making a demand that the governor of an other state surrender an individual charged criminally in

ime was allegedly committed and has not fled therefrom. § 35802. Conditions of Rendition. (a) Before making a demand that the governor of an other state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the gover nor of this state may COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 46 require a prosecutor of this state to demonstrate t hat at least sixty (60) days previously the obligee had initiated proceedin gs for support pursuant to this Act or that the proceeding would b e of no avail. (b) If, under this Act or a law substantially simi lar to this Act, the governor of another state makes a demand that the g overnor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other indi vidual to whom a duty of support is owed, the governor may require a pros ecutor to investigate the demand and report whether a proceeding for supp ort 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

her a proceeding for supp ort 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 initiati on 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 indi vidual whose rendition is demanded is subject to a support order, the gove rnor may decline to honor the demand if the individual is complying wit h the support order. ---------- ARTICLE 9 MISCELLANEOUS PROVISIONS § 35901. Uniformity of Application and Construction . § 35902. Transitional Provision. § 35903. Severability. § 35904. Repeals. § 35905. Effective Date. § 35901. Uniformity of Application and Constructio n. In applying and construing this Uniform Act, consid eration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. § 35902. Transitional Provision. This Act applies to proceedings begun on or after t he effective date of this Act to establish a support order

spect to its subject matter among states that enact it. § 35902. Transitional Provision. This Act applies to proceedings begun on or after t he effective date of this Act to establish a support order or determi ne parentage of a child COL12420155 GCA GOVERNMENT OPERATIONS CH. 35 UNIFORM INTERSTATE FAMILY SUPPORT ACT 47 or to register, recognize, enforce, or modify a pri or support order, determination, or agreement, whenever issued or ent ered. § 35903. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application and to this en d the provisions of this Act are severable. § 35904. Repeals. The following are repealed: (1) The entirety of Title 5, Chapter 35 of the Guam Cod e Annotated, which is being replaced by this Act. § 35905. Effective Date. This Act shall become effective upon enactment. ---------- COL1242015