HLS 15RS-982 REENGROSSED
2015 Regular Session
HOUSE BILL NO. 609
BY REPRESENTATIVE ROBERT JOHNSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILDREN/SUPPORT: Provides relative to family support enforcement
1 AN ACT
2To amend and reenact Chapter 1 of Title XIII of the Louisiana Children's Code, formerly
3 comprised of Articles 1301.1 through 1308.2, to be comprised of Articles 1301.1
4 through1309.3, and R.S. 46:236.3(I), relative to family support enforcement; to
5 provide for a revision of the Uniform Interstate Family Support Act; to provide with
6 respect to procedures for the registration, recognition, enforcement, and modification
7 of family support orders; to extend applicability to foreign countries; to provide for
8 jurisdiction; to provide procedures applicable to initiating and responding tribunals;
9 to provide for the duties of the Department of Children and Family Services; to
10 provide definitions; to provide with respect to income withholding to enforce a child
11 support obligation; and to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. Chapter 1 of Title XIII of the Louisiana Children's Code, formerly
14comprised of Articles 1301.1 through 1308.2, to be comprised of Articles 1301.1 through
151309.3, is hereby amended and reenacted to read as follows:
16 TITLE XIII
17 SUPPORT OF FAMILY
18 CHAPTER 1. UNIFORM INTERSTATE FAMILY
19 SUPPORT ACT
20 Section 1. General Provisions
21 Art. 1301.1. Short title
22 This Chapter may be cited as the "Uniform Interstate Family Support Act".
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1 Art. 1301.2. Uniformity of application and construction
2 This Chapter shall be applied and construed to effectuate its general purpose
3 to make uniform the law with respect to the subject of this Chapter among states
4 enacting it.
5 Art. 1301.3. Definitions
6 As used in In this Chapter:
7 (1) "Act" means the Uniform Interstate Family Support Act.
8 (2) "Child" means an individual, whether over or under the age of majority,
9 who is or is alleged to be owed a duty of support by the individual's parent or who
10 is or is alleged to be the beneficiary of a support order directed to the parent.
11 (3)(2) "Child support Child support order" means a support order for a child,
12 including a child who has attained the age of majority under the law of the issuing
13 state or foreign country.
14 (4)(3) "Department" means the Department of Children and Family Services.
15 "Convention" means the Convention on the International Recovery of Child Support
16 and Other Forms of Family Maintenance, concluded at The Hague on November 23,
17 2007.
18 (5)(4) "Duty of support" means an obligation imposed or imposable by law
19 to provide support for a child, spouse, or former spouse, including an unsatisfied
20 obligation to provide support.
21 (5) "Foreign country" means a country, including a political subdivision
22 thereof, other than the United States, that authorizes the issuance of support orders
23 and:
24 (a) Which has been declared under the law of the United States to be a
25 foreign reciprocating country;
26 (b) Which has established a reciprocal arrangement for child support with
27 this state as provided in Article 1303.8;
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1 (c) Which has enacted a law or established procedures for the issuance and
2 enforcement of support orders which are substantially similar to the procedures
3 under this Chapter; or
4 (d) In which the Convention is in full force with respect to the United States.
5 (6) "Foreign support order" means a support order of a foreign tribunal.
6 (7) "Foreign tribunal" means a court, administrative agency, or quasi-judicial
7 entity of a foreign country which is authorized to establish, enforce, or modify
8 support orders or to determine parentage of a child. The term includes a competent
9 authority under the Convention.
10 (6)(8) "Home state" means the state or foreign country in which a child lived
11 with a parent or a person acting as parent for at least six consecutive months
12 immediately preceding the time of filing of a petition or comparable pleading for
13 support and, if a child is less than six months old, the state or foreign country in
14 which the child lived from birth with any of them. A period of temporary absence
15 of any of them is counted as part of the six-month or other period.
16 (7)(9) "Income" includes earnings or other periodic entitlements to money
17 from any source and any other property subject to withholding for support under the
18 laws law of this state.
19 (8)(10) "Income-withholding order" means an order or other legal process
20 directed to an obligor's employer or other debtor, as defined by the income-
21 withholding law of this state, to withhold support from the income of the obligor.
22 (9) "Initiating state" means a state from which a proceeding is forwarded or
23 in which a proceeding is filed for forwarding to a responding state under this Chapter
24 or a law or procedure substantially similar to this Chapter, the Uniform Reciprocal
25 Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of
26 Support Act.
27 (10)(11) "Initiating tribunal" means the authorized tribunal in an initiating
28 state. tribunal of a state or foreign country from which a petition or comparable
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1 pleading is forwarded or in which a petition or comparable pleading is filed for
2 forwarding to another state or foreign country.
3 (12) "Issuing foreign country" means the foreign country in which a tribunal
4 issues a support order or a judgment determining parentage of a child.
5 (11)(13) "Issuing state" means the state in which a tribunal issues a support
6 order or renders a judgment determining parentage of a child.
7 (12)(14) "Issuing tribunal" means the tribunal of a state or foreign country
8 that issues a support order or renders a judgment determining parentage of a child.
9 (13)(15) "Law" includes decisional and statutory law and rules and
10 regulations having the force of law.
11 (14)(16) "Obligee" means any of the following:
12 (a) An individual to whom a duty of support is owed or is alleged to be owed
13 or in whose favor a support order has been issued or a judgment determining
14 parentage has been rendered or a judgment determining parentage of a child has been
15 issued.;
16 (b) A foreign country, state or political subdivision of a state to which the
17 rights under a duty of support or support order have been assigned or which has
18 independent claims based on financial assistance provided to an individual obligee
19 in place of child support.;
20 (c) An individual seeking a judgment determining parentage of the
21 individual's child.; or
22 (d) A person that is a creditor in a proceeding under Section 7.
23 (15)(17) "Obligor" means an individual or the estate of a decedent who, with
24 respect to any of the following:
25 (a) Owes or is alleged to owe a duty of support.;
26 (b) Is alleged, but has not been adjudicated to be a parent of a child.;
27 (c) Is liable under a support order.; or
28 (d) Is a debtor in a proceeding under Section 7.
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1 (18) "Outside this state" means a location in another state or a country other
2 than the United States, whether or not the country is a foreign country.
3 (19) "Person" means an individual, corporation, business trust, estate, trust,
4 partnership, limited liability company, association, joint venture, public corporation,
5 government or governmental subdivision, agency, or instrumentality, or any other
6 legal or commercial entity.
7 (20) "Record" means information that is inscribed on a tangible medium or
8 that is stored in an electronic or other medium and is retrievable in perceivable form.
9 (16)(21) "Register" means to record or file in a tribunal of this state a support
10 order or judgment determining parentage in the registry of foreign support orders of
11 a child issued in another state or a foreign country.
12 (17)(22) "Registering tribunal" means a tribunal in which a support order or
13 judgment determining parentage of a child is registered.
14 (18) "Registry of foreign support orders" means any place where a clerk of
15 court records all support orders rendered in another state and enforced within this
16 state.
17 (19)(23) "Responding state" means a state in which a proceeding is filed or
18 to which a proceeding is forwarded for filing from an initiating state under this
19 Chapter or a law or procedure substantially similar to this Chapter, the Uniform
20 Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal
21 Enforcement of Support Act petition or comparable pleading for support or to
22 determine parentage of a child is filed or to which a petition or comparable pleading
23 is forwarded for filing from another state or a foreign country.
24 (20)(24) "Responding tribunal" means the authorized tribunal in a
25 responding state or foreign country.
26 (21)(25) "Spousal support order" means a support order for a spouse or
27 former spouse of the obligor.
28 (22)(26) "State" means a state of the United States, the District of Columbia,
29 Puerto Rico, the United States Virgin Islands, or any territory or insular possession
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1 subject to under the jurisdiction of the United States. The term "state" includes both
2 of the following: an Indian nation or tribe.
3 (a) An Indian tribe.
4 (b) A foreign jurisdiction that has enacted a law or established procedures
5 for issuance and enforcement of support orders that are substantially similar to the
6 procedures under this Chapter, the Uniform Reciprocal Enforcement of Support Act,
7 or the Revised Uniform Reciprocal Enforcement of Support Act.
8 (23)(27) "Support enforcement agency" means a public official or an agency,
9 governmental entity, or private agency authorized to seek any of the following:
10 (a) Enforcement Seek enforcement of support orders or laws relating to the
11 duty of support.;
12 (b) Establishment Seek establishment or modification of child support.;
13 (c) Determination Request determination of parentage of a child.;
14 (d) Location of Attempt to locate obligors or their assets.; or
15 (e) Request determination of the controlling child support order.
16 (24)(28) "Support order" means a judgment, decree, or order, decision, or
17 directive, whether temporary, final, or subject to modification, issued in a state or
18 foreign country for the benefit of a child, a spouse, or a former spouse, which
19 provides for monetary support, health care, arrearages, retroactive support, or
20 reimbursement for financial assistance provided to an individual obligee in place of
21 child support. , and The term may include related costs and fees, interest, income
22 withholding, automatic adjustment, reasonable attorney fees, and other relief.
23 (25)(29) "Tribunal" means a court, administrative agency, or quasi judicial
24 entity authorized to establish, enforce, or modify support orders or to determine
25 parentage of a child. However, with respect to the establishment, enforcement, or
26 modification of support orders or the determination of parentage in Louisiana, a
27 "tribunal" is limited to a state court of competent jurisdiction.
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1 Art. 1301.4. 1301.3. Tribunals of state State Tribunal and Support Enforcement
2 Agency
3 A. The district courts or, if applicable, the family or juvenile courts, and the
4 division of administrative review, office of the secretary, Department of Children
5 and Family Services, or other administrative law division authorized by law, are the
6 tribunals of this state for purposes of this Chapter.
7 B. The Department of Children and Family Services is the support
8 enforcement agency of this state.
9 Art. 1301.5. 1301.4. Remedies cumulative
10 A. Remedies provided by this Chapter are cumulative and do not affect the
11 availability of remedies under other law or the recognition of a foreign support order
12 on the basis of comity.
13 B. This Chapter does not:
14 (1) Provide the exclusive method of establishing or enforcing a support order
15 under the law of this state; or
16 (2) Grant a tribunal of this state jurisdiction to render judgment or issue an
17 order relating to child custody or visitation in a proceeding under this Chapter.
18 Art. 1301.5. Application of Chapter to resident of foreign country and foreign
19 support proceeding
20 A. A tribunal of this state shall apply Sections 1 through 6 and, as applicable,
21 Section 7, to a support proceeding involving:
22 (1) A foreign support order;
23 (2) A foreign tribunal; or
24 (3) An obligee, obligor, or child residing in a foreign country.
25 B. A tribunal of this state that is requested to recognize and enforce a support
26 order on the basis of comity may apply the procedural and substantive provisions of
27 Sections 1 through 6.
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1 C. Section 7 applies only to a support proceeding under the Convention. In
2 such a proceeding, if a provision of Section 7 is inconsistent with Section 1 through
3 6, Section 7 controls.
4 Section 2. Jurisdiction
5 Subsection A. Extended Personal Jurisdiction
6 Art. 1302.1. Basis for jurisdiction over nonresident
7 A. In a proceeding to establish, or enforce, or modify a support order or to
8 determine parentage of a child, a tribunal of this state may exercise personal
9 jurisdiction over a nonresident individual, or his tutor the individual's guardian,
10 curator, or tutor, in any of the following situations if:
11 (1) The individual is personally served with citation, summons, or notice
12 within this state.;
13 (2) The individual submits to the jurisdiction of this state by consent in a
14 record, by entering a general appearance, or by filing a responsive document having
15 the effect of waiving any exception or contest to personal jurisdiction.;
16 (3) The individual resided with the child in this state.;
17 (4) The individual resided in this state and provided prenatal expenses or
18 support for the child.;
19 (5) The child resides in this state as a result of the acts or directives of the
20 individual.;
21 (6) The individual engaged in sexual intercourse in this state and the child
22 may have been conceived by that act of intercourse.;
23 (7) The individual asserted parentage of a child in the putative father registry
24 maintained in this state by the Department of Health and Hospitals, office of public
25 health.; or
26 (8) There is any other basis consistent with the constitutions of this state and
27 the United States for the exercise of personal jurisdiction.
28 B. The basis for personal jurisdiction set forth in Paragraph A or in any other
29 law of this state may not be used to acquire personal jurisdiction for a tribunal of this
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1 state to modify a child support order of another state unless the requirements of
2 Article 1306.11 are met, or, in the case of a foreign support order, unless the
3 requirements of Article 1306.15 are met.
4 Art. 1302.2. Procedure when exercising jurisdiction over nonresident Duration of
5 personal jurisdiction
6 A tribunal of this state exercising personal jurisdiction over a nonresident
7 under Article 1302.1 (Basis for jurisdiction over nonresident) may apply Article
8 1303.16 (Special rules of evidence and procedure) to receive evidence from another
9 state, and Article 1303.18 (Assistance with discovery) to obtain discovery through
10 a tribunal of another state. In all other respects, the provisions of Sections 3 through
11 7 of this Chapter do not apply and the tribunal shall apply the procedural and
12 substantive laws of this state, including the rules on choice of law other than those
13 established by this Chapter. Personal jurisdiction acquired by a tribunal of this state
14 in a proceeding under this Chapter or other law of this state relating to a support
15 order continues as long as a tribunal of this state has continuing, exclusive
16 jurisdiction to modify its order or continuing jurisdiction to enforce its order as
17 provided by Articles 1302.5, 1302.6, and 1302.11.
18 Subsection B. Proceedings Involving
19 Two or More States
20 Art. 1302.3. Initiating and responding tribunal of state
21 Under this Chapter, a tribunal of this state may serve as an initiating tribunal
22 to forward proceedings to a tribunal of another state and as a responding tribunal for
23 proceedings initiated in another state or a foreign country.
24 Art. 1302.4. Simultaneous proceedings in another state
25 A. A tribunal of this state may exercise jurisdiction to establish a support
26 order if the petition or comparable pleading is filed after a petition or a comparable
27 pleading is filed in another state or a foreign country only if all of the following
28 exist:
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1 (1) The petition or comparable pleading in this state is filed before the
2 expiration of the time allowed in the other state or the foreign country for filing a
3 responsive pleading challenging the exercise of jurisdiction by the other state or the
4 foreign country.;
5 (2) The contesting party timely challenges the exercise of jurisdiction in the
6 other state or the foreign country; and.
7 (3) If relevant, this state is the home state of the child.
8 B. A tribunal of this state may not exercise jurisdiction to establish a support
9 order if the petition or comparable pleading is filed before a petition or comparable
10 pleading is filed in another state or a foreign country if all of the following exist:
11 (1) The petition or comparable pleading in the other state or foreign country
12 is filed before the expiration of the time allowed in this state for filing a responsive
13 pleading challenging the exercise of jurisdiction by this state.;
14 (2) The contesting party timely challenges the exercise of jurisdiction in this
15 state.; and
16 (3) If relevant, the other state or foreign country is the home state of the
17 child.
18 Art. 1302.5. Continuing, exclusive jurisdiction to modify child support order
19 A. A tribunal of this state issuing a that has issued a child support order
20 consistent with the laws law of this state has and shall exercise continuing, exclusive
21 jurisdiction over a child support order as follows to modify its child support order
22 if the order is the controlling order and:
23 (1) As long as this state remains the residence of the obligor, the individual
24 obligee, or the child for whose benefit the support order is issued. At the time of the
25 filing of a request for modification, this state is the residence of the obligor, the
26 individual obligee, or the child for whose benefit the support order is issued; or
27 (2) Until all of the parties who are individuals have filed written consent with
28 the tribunal of this state for a tribunal of another state to modify the order and
29 assume continuing, exclusive jurisdiction Even if this state is not the residence of
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1 the obligor, the individual obligee, or the child for whose benefit the support order
2 is issued, the parties consent in a record or in open court that the tribunal of this state
3 may continue to exercise jurisdiction to modify its order.
4 B. A tribunal of this state issuing that has issued a child support order
5 consistent with the law of this state may not exercise its continuing, exclusive
6 jurisdiction to modify the order if: the order has been modified by a tribunal of
7 another state pursuant to this Chapter or a law substantially similar to this Chapter.
8 (1) All of the parties who are individuals file consent in a record with the
9 tribunal of this state that a tribunal of another state that has jurisdiction over at least
10 one of the parties who is an individual or that is located in the state of residence of
11 the child may modify the order and assume continuing, exclusive jurisdiction; or
12 (2) Its order is not the controlling order.
13 C. If a child support order of this state is modified by a tribunal of another
14 state pursuant to this Chapter or a law substantially similar to this Chapter, a tribunal
15 of this state loses its continuing, exclusive jurisdiction with regard to prospective
16 enforcement of the order issued in this state, and may only:
17 (1) Enforce the order that was modified as to amounts accruing before the
18 modification.
19 (2) Enforce nonmodifiable aspects of that order.
20 (3) Provide other appropriate relief for violations of that order which
21 occurred before the effective date of the modification. If a tribunal of another state
22 has issued a child support order pursuant to the Uniform Interstate Family Support
23 Act or a law substantially similar to that Act which modifies a child support order
24 of a tribunal of this state, tribunals of this state shall recognize the continuing,
25 exclusive jurisdiction of the tribunal of the other state.
26 D. A tribunal of this state shall recognize the continuing, exclusive
27 jurisdiction of a tribunal of another state which has issued a child support order
28 pursuant to this Chapter or a law substantially similar to this Chapter. A tribunal of
29 this state that lacks continuing, exclusive jurisdiction to modify a child support order
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1 may serve as an initiating tribunal to request a tribunal of another state to modify a
2 support order issued in that state.
3 E. A temporary support order issued ex parte or pending resolution of a
4 jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing
5 tribunal.
6 F. A tribunal of this state issuing a support order consistent with the laws of
7 this state has continuing, exclusive jurisdiction over a spousal support order
8 throughout the existence of the support obligation. A tribunal of this state may not
9 modify a spousal support order issued by a tribunal of another state having
10 continuing, exclusive jurisdiction over that order under the laws of that state.
11 Art. 1302.6. Enforcement and modification of support order by tribunal having
12 continuing jurisdiction Continuing jurisdiction to enforce child support order
13 A. A tribunal of this state that has issued a child support order consistent
14 with the law of this state may serve as an initiating tribunal to request a tribunal of
15 another state to enforce or modify a support order issued in that state.:
16 (1) The order if the order is the controlling order and has not been modified
17 by a tribunal of another state that assumed jurisdiction pursuant to the Uniform
18 Interstate Family Support Act; or
19 (2) A money judgment for arrears of support and interest on the order
20 accrued before a determination that an order of a tribunal of another state is the
21 controlling order.
22 B. A tribunal of this state having continuing, exclusive jurisdiction over a
23 support order may act as a responding tribunal to enforce or modify the order. If a
24 party subject to the continuing, exclusive jurisdiction of the tribunal no longer
25 resides in the issuing state, in subsequent proceedings the tribunal may apply Article
26 1303.16 (Special rules of evidence and procedure) to receive evidence from another
27 state and Article 1303.18 (Assistance with discovery) to obtain discovery through a
28 tribunal of another state.
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1 C. A tribunal of this state which lacks continuing, exclusive jurisdiction over
2 a spousal support order may not serve as a responding tribunal to modify a spousal
3 support order of another state.
4 Subsection C. Reconciliation of Multiple Orders
5 Art. 1302.7. Recognition Determination of controlling child support order
6 A. If a proceeding is brought under this Chapter, and only one tribunal has
7 issued a child support order, the order of that tribunal controls and must be so
8 recognized.
9 B. If a proceeding is brought under this Chapter, and two or more child
10 support orders have been issued by tribunals of this state, or another state, or a
11 foreign country with regard to the same obligor and same child, a tribunal of this
12 state having personal jurisdiction over both the obligor and individual obligee shall
13 apply the following rules in determining which order to recognize for purposes of
14 continuing, exclusive jurisdiction and by order shall determine which order controls
15 and must be recognized:
16 (1) If only one of the tribunals would have continuing, exclusive jurisdiction
17 under this Chapter, the order of that tribunal controls and must be so recognized.
18 (2) If more than one of the tribunals would have continuing, exclusive
19 jurisdiction under this Chapter,:
20 (a) an An order issued by a tribunal in the current home state of the child
21 controls and must be so recognized, or
22 (b) but if If an order has not been issued in the current home state of the
23 child, the order most recently issued controls and must be so recognized.
24 (3) If none of the tribunals would have continuing, exclusive jurisdiction
25 under this Chapter, the tribunal of this state having jurisdiction over the parties shall
26 issue a child support order, which controls and must be so recognized.
27 C. If two or more child support orders have been issued for the same obligor
28 and same child, and if the obligor or the individual obligee resides in the state, a
29 party may request a tribunal of this state to upon request of a party who is an
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1 individual or that is a support enforcement agency, a tribunal of this state having
2 personal jurisdiction over both the obligor and the obligee who is an individual shall
3 determine which order controls and must be so recognized under Paragraph B hereof.
4 The request may be filed with a registration for enforcement or registration for
5 modification pursuant to Section 6, or may be filed as a separate proceeding.
6 D. A request to determine which is the controlling order The request must
7 be accompanied by a certified copy of every child support order in effect and the
8 applicable record of payments. The requesting party shall give notice of the request
9 to each party whose rights may be affected by the determination.
10 D.E. The tribunal that issued the controlling order under Paragraph A, B, or
11 C of this Article is the tribunal that has continuing, exclusive jurisdiction in
12 accordance with to the extent provided in Article 1302.5 (Continuing, exclusive
13 jurisdiction) or 1302.6.
14 E.F. A tribunal of this state that determines by order the identity of the
15 controlling order under Subparagraph B(1) or (2) or that issues a new controlling
16 order under Subparagraph B(3) shall state in that order the basis upon which the
17 tribunal made its determination. which is the controlling order under Subparagraph
18 (B)(1) or (2) or Paragraph C, or that issues a new controlling order under
19 Subparagraph (B)(3), shall state in that order:
20 (1) The basis upon which the tribunal made its determination;
21 (2) The amount of prospective support, if any; and
22 (3) The total amount of consolidated arrears and accrued interest, if any,
23 under all of the orders after all payments made are credited as provided by Article
24 1302.9.
25 F.G. Within thirty days after issuance of an order determining the identity
26 of which is the controlling order, the party obtaining the order shall file a certified
27 copy of it with in each tribunal that issued or registered an earlier order of child
28 support. A party or support enforcement agency obtaining who obtains the order and
29 that fails to file a certified copy is subject to appropriate sanctions by a tribunal in
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1 which the issue of failure to file arises. The failure to file does not affect the validity
2 or enforceability of the controlling order.
3 H. An order that has been determined to be the controlling order, or a
4 judgment for consolidated arrears of support and interest, if any, made pursuant to
5 this Article must be recognized in proceedings under this Chapter.
6 Art. 1302.8. Multiple child Child support orders for two or more obligees
7 In responding to multiple registrations or petitions for enforcement of two or
8 more child support orders in effect at the same time with regard to the same obligor
9 and different individual obligees, at least one of which was issued by a tribunal of
10 another state or a foreign country, a tribunal of this state shall enforce those orders
11 in the same manner as if the multiple orders had been issued by a tribunal of this
12 state.
13 Art. 1302.9. Credit for payments
14 Amounts collected and credited for a particular period pursuant to a support
15 order issued by a tribunal of another state must be credited against the amounts
16 accruing or accrued for the same period under a support order issued by the tribunal
17 of this state.
18 A tribunal of this state shall credit amounts collected for a particular period
19 pursuant to any child support order against the amounts owed for the same period
20 under any other child support order for support of the same child issued by a tribunal
21 of this state, another state, or a foreign country.
22 Art. 1302.10. Application of Chapter to nonresident subject to personal jurisdiction
23 A tribunal of this state exercising personal jurisdiction over a nonresident in
24 a proceeding under this Chapter, under other law of this state relating to a support
25 order, or recognizing a foreign support order may receive evidence from outside this
26 state pursuant to Article 1303.16, communicate with a tribunal outside this state
27 pursuant to Article 1303.17, and obtain discovery through a tribunal outside this state
28 pursuant to Article 1303.18. In all other respects, Sections 3 through 6 do not apply,
29 and the tribunal shall apply the procedural and substantive law of this state.
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1 Art. 1302.11. Continuing exclusive jurisdiction to modify spousal support order
2 A. A tribunal of this state issuing a spousal support order consistent with the
3 law of this state has continuing, exclusive jurisdiction to modify the spousal support
4 order throughout the existence of the support obligation.
5 B. A tribunal of this state may not modify a spousal support order issued by
6 a tribunal of another state or a foreign country having continuing, exclusive
7 jurisdiction over that order under the law of that state or foreign country.
8 C. A tribunal of this state that has continuing, exclusive jurisdiction over a
9 spousal support order may serve as:
10 (1) An initiating tribunal to request a tribunal of another state to enforce the
11 spousal support order issued in this state; or
12 (2) A responding tribunal to enforce or modify its own spousal support order.
13 Section 3. Civil Provisions of General Application
14 Art. 1303.1. Proceedings under Chapter
15 A. Except as otherwise provided by in this Chapter, this Section applies to
16 all proceedings under this Chapter.
17 B. This Chapter provides for the following proceedings:
18 (1) Establishment of an order for spousal support or child support pursuant
19 to Section 4 of this Chapter.
20 (2) Enforcement of a support order and income-withholding order of another
21 state without registration pursuant to Section 5 of this Chapter.
22 (3) Registration of an order for spousal support or child support of another
23 state for enforcement pursuant to Section 7 of this Chapter.
24 (4) Modification of an order for child support or spousal support issued by
25 a tribunal of this state pursuant to Subsection B of Section 2 of this Chapter.
26 (5) Registration of an order for child support for another state for
27 modification pursuant to Section 6 of this Chapter.
28 (6) Determination of parentage pursuant to Section 7 of this Chapter.
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1 (7) Assertion of jurisdiction over nonresidents pursuant to Subsection A of
2 Section 2 of this Chapter.
3 C.B. An individual petitioner or a support enforcement agency may
4 commence initiate a proceeding authorized under this Chapter by filing a petition in
5 an initiating tribunal for forwarding to a responding tribunal or by filing a petition
6 or a comparable pleading directly in a tribunal of another state or foreign country
7 which has or can obtain personal jurisdiction over the respondent.
8 Art. 1303.2. Action Proceeding by minor parent
9 A minor parent, or a tutor guardian or other legal representative of a minor
10 parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
11 Art. 1303.3. Application of law of state
12 Except as otherwise provided by this Chapter, a responding tribunal of this
13 state shall:
14 (1) Apply the procedural and substantive law, including the rules on choice
15 of law, generally applicable to similar proceedings originating in this state and may
16 exercise all powers and provide all remedies available in those proceedings.; and
17 (2) Determine the duty of support and the amounts payable in accordance
18 with the law and support guidelines of this state.
19 Art. 1303.4. Duties of initiating tribunal
20 A. Upon the filing of a petition authorized by this Chapter, an initiating
21 tribunal of this state shall forward three copies of the petition and its accompanying
22 documents as follows:
23 (1) To the responding tribunal or appropriate support enforcement agency
24 in the responding state.; or
25 (2) If the identity of the responding tribunal is unknown, to the state
26 information agency of the responding state with a request that the documents they
27 be forwarded to the appropriate tribunal and that receipt be acknowledged.
28 B. If a responding state has not enacted this Chapter or a law or procedure
29 substantially similar to this Chapter, a tribunal of this state may issue a certificate or
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1 other document and make findings required by the law of the responding state. If the
2 responding state is a foreign jurisdiction, the tribunal may specify the amount of
3 support sought and provide other documents necessary to satisfy the requirements
4 of the responding state. If requested by the responding tribunal, a tribunal of this
5 state shall issue a certificate or other document and make findings required by the
6 law of the responding state. If the responding tribunal is in a foreign country, upon
7 request the tribunal of this state shall specify the amount of support sought, convert
8 that amount into the equivalent amount in the foreign currency under applicable
9 official or market exchange rate as publicly reported, and provide any other
10 documents necessary to satisfy the requirements of the responding foreign tribunal.
11 Art. 1303.5. Duties and powers of responding tribunal
12 A. When a responding tribunal of this state receives a petition or comparable
13 pleading from an initiating tribunal or directly pursuant to Article 1303.1(C)
14 (Proceeding under this Chapter) (B), it shall cause the petition or pleading to be filed
15 and notify the petitioner where and when it was filed.
16 B. A responding tribunal of this state, to the extent otherwise authorized by
17 not prohibited by other law, may do one or more of the following:
18 (1) Issue Establish or enforce a support order, modify a child support order,
19 determine the controlling child support order, or render a judgment to determine
20 parentage of a child.;
21 (2) Order an obligor to comply with a support order, specifying the amount
22 and the manner of compliance.;
23 (3) Order income withholding.;
24 (4) Determine the amount of any arrearages and specify a method of
25 payment.;
26 (5) Enforce orders by civil or criminal contempt, or both.;
27 (6) Set aside property for satisfaction of the support order.;
28 (7) Place liens and order execution on the obligor's property.;
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1 (8) Order an obligor to keep the tribunal informed of the obligor's current
2 residential address, electronic mail address, telephone number, employer, address of
3 employment, and telephone number at the place of employment.;
4 (9) Issue a bench warrant or an order of contempt or a bench warrant, or
5 both, for an obligor who has failed, after proper notice, to appear at a hearing ordered
6 by the tribunal and enter the order of contempt and bench warrant in any local and
7 state computer systems for criminal warrants.;
8 (10) Order the obligor to seek appropriate employment by specified
9 methods.;
10 (11) Award reasonable attorney fees and other fees and costs.; and
11 (12) Grant any other available remedy.
12 C. A responding tribunal of this state shall include in a support order issued
13 under this Chapter, or in the documents accompanying the order, the calculations on
14 which the support order is based.
15 D. A responding tribunal of this state may not condition the payment of a
16 support order issued under this Chapter upon compliance by a party with provisions
17 for visitation.
18 E. If a responding tribunal of this state issues an order under this Chapter,
19 the tribunal shall send a copy of the order to the petitioner and the respondent and to
20 the initiating tribunal, if any.
21 F. If requested to enforce a support order, arrears, or judgment or modify a
22 support order stated in a foreign currency, a responding tribunal of this state shall
23 convert the amount stated in the foreign currency to the equivalent amount in dollars
24 under the applicable official or market exchange rate as publicly reported.
25 Art. 1303.6. Inappropriate tribunal
26 If a petition or comparable pleading is received by an inappropriate tribunal
27 of this state, it the tribunal shall forward the pleading and accompanying documents
28 to an appropriate tribunal in this state or another state and notify the petitioner where
29 and when the pleading was sent.
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1 Art. 1303.7. Duties of the support enforcement agency
2 A. A support enforcement agency of this state, upon request, shall provide
3 services to a petitioner in a proceeding under this Chapter.In a proceeding under this
4 Chapter, a support enforcement agency of this state, upon request:
5 (1) Shall provide services to a petitioner residing in a state;
6 (2) Shall provide services to a petitioner requesting services through a central
7 authority of a foreign country as described in Article 1301.2(5)(a) or (d); and
8 (3) May provide services to a petitioner who is an individual not residing in
9 a state.
10 B. A support enforcement agency that is providing services to the petitioner,
11 as appropriate, shall:
12 (1) Take all steps necessary to enable an appropriate tribunal in this state, or
13 another state, or a foreign country to obtain jurisdiction over the respondent.;
14 (2) Request an appropriate tribunal to set a date, time, and place for a
15 hearing.;
16 (3) Make a reasonable effort to obtain all relevant information, including
17 information as to income and property of the parties.;
18 (4) Within two days, exclusive of Saturdays, Sundays, and legal holidays,
19 after receipt of a written notice in a record from an initiating, responding, or
20 registering tribunal, send a copy of the notice to the petitioner.;
21 (5) Within two days, exclusive of Saturdays, Sundays, and legal holidays,
22 after receipt of a written communication in a record from the respondent or the
23 respondent's attorney, send a copy of the communication to the petitioner.; and
24 (6) Notify the petitioner if jurisdiction over the respondent cannot be
25 obtained.
26 C. A support enforcement agency of this state that requests registration of
27 a child support order in this state for enforcement or for modification shall make
28 reasonable efforts:
29 (1) To ensure that the order to be registered is the controlling order; or
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1 (2) If two or more child support orders exist and the identity of the
2 controlling order has not been determined, to ensure that a request for such a
3 determination is made in a tribunal having jurisdiction to do so.
4 D. A support enforcement agency of this state that requests registration and
5 enforcement of a support order, arrears, or judgment stated in a foreign currency
6 shall convert the amounts stated in the foreign currency into the equivalent amounts
7 in dollars under the applicable official or market exchange rate as publicly reported.
8 E. A support enforcement agency of this state shall issue or request a tribunal
9 of this state to issue a child support order and an income-withholding order that
10 redirect payment of current support, arrears, and interest if requested to do so by a
11 support enforcement agency of another state pursuant to Article 1303.19.
12 C.F. This Chapter does not create or negate a relationship of attorney and
13 client or other fiduciary relationship between a support enforcement agency or the
14 attorney for the agency and the individual being assisted by the agency.
15 Art. 1303.8. Duty of attorney general
16 A. If the attorney general determines that the support enforcement agency
17 is neglecting or refusing to provide services to an individual, the attorney general
18 may order the agency to perform its duties under this Chapter or may provide those
19 services directly to the individual.
20 B. The attorney general may determine that a foreign country has established
21 a reciprocal arrangement for child support with this state and take appropriate action
22 for notification of the determination.
23 Art. 1303.9. Private counsel
24 An individual may employ private counsel to represent the individual in
25 proceedings authorized by this Chapter.
26 Art. 1303.10. Duties of the Department of Children and Family Services; state
27 information agency
28 A. The department Department of Children and Family Services is the state
29 information agency under this Chapter.
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1 B. The state information agency shall:
2 (1) Compile and maintain a current list, including addresses, of the tribunals
3 in this state that have jurisdiction under this Chapter and any support enforcement
4 agencies in this state and transmit a copy to the state information agency of every
5 other state.;
6 (2) Maintain a register of names and addresses of tribunals and support
7 enforcement agencies received from other states.;
8 (3) Forward to the appropriate tribunal in the place in this state in which the
9 obligee who is an individual obligee or the obligor resides, or where in which the
10 obligor's property is believed to be located, all documents concerning a proceeding
11 under this Chapter received from an initiating tribunal or the state information
12 agency of the initiating state. another state or a foreign country; and
13 (4) Obtain information concerning the location of the obligor and the
14 obligor's property within this state not exempt from execution, by such means as
15 postal verification and federal or state locator services, examination of telephone
16 directories, requests for the obligor's address from employers, and examination of
17 governmental records, including, to the extent not prohibited by other law, those
18 relating to real property, vital statistics, law enforcement, taxation, motor vehicles,
19 drivers' licenses, and social security.
20 Art. 1303.11. Pleadings and accompanying documents
21 A. A petitioner seeking to establish or modify a support order or to
22 determine parentage in a proceeding under this Chapter must verify the petition. In
23 a proceeding under this Chapter, a petitioner seeking to establish a support order, to
24 determine parentage of a child, or to register and modify a support order of a tribunal
25 of another state or a foreign country must file a petition. Unless otherwise ordered
26 under Article 1303.12 (Nondisclosure of information in exceptional circumstances),
27 the petition or accompanying documents must provide, so far as known, the name,
28 residential address, and social security numbers of the obligor and the obligee or the
29 parent and alleged parent, and the name, sex, residential address, social security
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1 number, and the date of birth of each child for whom whose benefit support is sought
2 or whose parentage is to be determined. The Unless filed at the time of registration,
3 the petition must be accompanied by a certified copy of any support order in effect
4 known to have been issued by another tribunal. The petition may include any other
5 information that may assist in locating or identifying the respondent.
6 B. The petition must specify the relief sought. The petition and
7 accompanying documents must conform substantially with the requirements imposed
8 by the forms mandated by federal law for use in cases filed by a support enforcement
9 agency.
10 Art. 1303.12. Nondisclosure of information in exceptional circumstances
11 Upon a finding, which may be made ex parte, that the health, safety, or
12 liberty of a party or child would be unreasonably put at risk by the disclosure of
13 identifying information, or if an existing order so provides, a tribunal shall order that
14 the address of the child or party or other identifying information not be disclosed in
15 a pleading or other document filed in a proceeding under this Chapter. If a party
16 alleges in an affidavit or a pleading under oath that the health, safety, or liberty of
17 a party or child would be jeopardized by disclosure of specific identifying
18 information, that information shall be sealed and shall not be disclosed to the other
19 party or the public. After a hearing in which a tribunal takes into consideration the
20 health, safety, or liberty of the party or child, the tribunal may order disclosure of
21 information that the tribunal determines to be in the interest of justice.
22 Art. 1303.13. Costs and fees
23 A. The petitioner may not be required to pay a filing fee or other costs.
24 B. If an obligee prevails, a responding tribunal of this state may assess
25 against an obligor filing fees, reasonable attorney attorney's fees, other costs, and
26 necessary travel and other reasonable expenses incurred by the obligee and the
27 obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the
28 obligee or the support enforcement agency of either the initiating or the responding
29 state or foreign country, except as provided by other law. Attorney Attorney's fees
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1 may be taxed as costs and may be ordered paid directly to the attorney, who may
2 enforce the order in the attorney's own name. Payment of support owed to the
3 obligee has priority over fees, costs, and expenses.
4 C. The tribunal shall order the payment of costs and reasonable attorney
5 attorney's fees if it determines that a hearing was requested primarily for delay. In
6 a proceeding under Section 6 of this Chapter (Enforcement and modification of
7 support order after registration), a hearing is presumed to have been requested
8 primarily for delay if a registered support order is confirmed or enforced without
9 change.
10 Art. 1303.14. Limited immunity of petitioner
11 A. Participation by a petitioner in a proceeding under this Chapter before a
12 responding tribunal, whether in person, by private attorney, or through services
13 provided by the support enforcement agency, does not confer personal jurisdiction
14 over the petitioner in another proceeding.
15 B. A petitioner is not amenable to services service of civil process while
16 physically present in this state to participate in a proceeding under this Chapter.
17 C. The immunity granted by this Article does not extend to civil litigation
18 based on acts unrelated to a proceeding under this Chapter committed by a party
19 while physically present in this state to participate in the proceeding.
20 Art. 1303.15. Nonparentage as defense
21 A party whose parentage of a child has been previously determined by or
22 pursuant to law may not plead nonparentage as a defense to a proceeding under this
23 Chapter.
24 Art. 1303.16. Special rules of evidence and procedures procedure
25 A. The physical presence of the petitioner in a responding a nonresident
26 party who is an individual in a tribunal of this state is not required for the
27 establishment, enforcement, or modification of a support order or the rendition of a
28 judgment determining parentage of a child.
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1 B. A verified petition, An affidavit, document substantially complying with
2 federally mandated forms, and or a document incorporated by reference in any of
3 them, which would not be excluded under the hearsay rule if given in person, is
4 admissible in evidence if given under oath penalty of perjury by a party or witness
5 residing in another outside this state.
6 C. A copy of the record of child support payments certified as a true copy
7 of the original by the custodian of the record may be forwarded to a responding
8 tribunal. The copy is evidence of facts asserted in it and is admissible to show
9 whether payments were made.
10 D. Copies of bills for testing for parentage and for prenatal and postnatal
11 health care of the mother and child, furnished to the adverse party at least ten days
12 before trial, are admissible in evidence to prove the amount of the charges billed and
13 that the charges were reasonable, necessary, and customary.
14 E. Documentary evidence transmitted from another outside this state to a
15 tribunal of this state by telephone, telecopier, or other electronic means that do not
16 provide an original writing record may not be excluded from evidence on an
17 objection based on the means of transmission.
18 F. In a proceeding under this Chapter, a tribunal of this state may shall
19 permit a party or witness residing in another outside this state to be deposed or to
20 testify under penalty of perjury by telephone, audiovisual means, or other electronic
21 means at a designated tribunal or other location in that state. A tribunal of this state
22 shall cooperate with other tribunals of other states in designating an appropriate
23 location for the deposition or testimony.
24 G. If a party called to testify at a civil hearing refuses to answer on the
25 ground that the testimony may be self-incriminating, the trier of fact may draw an
26 adverse inference from the refusal.
27 H. A privilege against disclosure of communications between spouses does
28 not apply in a proceeding under this Chapter.
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1 I. The defense of immunity based on the relationship of husband and wife
2 or parent and child does not apply in a proceeding under this Chapter.
3 J. A voluntary acknowledgment of paternity, certified as a true copy, is
4 admissible to establish parentage of the child.
5 Art. 1303.17. Communications between tribunals
6 A tribunal of this state may communicate with a tribunal of another outside
7 this state in writing, a record or by telephone, electronic mail, or other means, to
8 obtain information concerning the laws of that state, the legal effect of a judgment,
9 decree, or order of that tribunal, and the status of a proceeding in the other state. A
10 tribunal of this state may furnish similar information by similar means to a tribunal
11 of another outside this state.
12 Art. 1303.18. Assistance with discovery
13 A tribunal of this state may do all of the following:
14 (1) Request a tribunal of another outside this state to assist in obtaining
15 discovery.; and
16 (2) On Upon request, compel a person over whom it has jurisdiction to
17 respond to a discovery order issued by a tribunal of another outside this state.
18 Art. 1303.19. Receipt and disbursement of payments
19 A. A support enforcement agency or tribunal of this state shall disburse
20 promptly any amounts received pursuant to a support order, as directed by the order.
21 The agency or tribunal shall furnish to a requesting party or tribunal of another state
22 or a foreign country a certified statement by the custodian of the record of the
23 amounts and dates of all payments received.
24 B. If neither the obligor, nor the obligee who is an individual, nor the child
25 resides in this state, upon request from the support enforcement agency of this state
26 or another state, the support enforcement agency of this state or a tribunal of this
27 state shall:
28 (1) Direct that the support payment be made to the support enforcement
29 agency in the state in which the obligee is receiving services; and
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1 (2) Issue and send to the obligor's employer a conforming
2 income-withholding order or an administrative notice of change of payee, reflecting
3 the redirected payments.
4 C. The support enforcement agency of this state receiving redirected
5 payments from another state pursuant to a law similar to Paragraph B of this Article
6 shall furnish to a requesting party or tribunal of the other state a certified statement
7 by the custodian of the record of the amount and dates of all payments received.
8 Section 4. Establishment of Support Order or Determination of Parentage
9 Art. 1304.1. Petition to establish Establishment of support order
10 A. If a support order entitled to recognition under this Chapter has not been
11 issued, a responding tribunal of this state with personal jurisdiction over the
12 parties may issue a support order if either:
13 (1) The individual seeking the order resides in another outside this state.; or
14 (2) The support enforcement agency seeking the order is located in another
15 outside this state.
16 B. The tribunal may issue a temporary child support order in the event of any
17 of the following:
18 (1) The respondent has signed a verified statement acknowledging parentage.
19 (2) The respondent has been determined by or pursuant to law to be the
20 parent.
21 (3) There is other clear and convincing evidence that the respondent is the
22 child's parent.
23 The tribunal may issue a temporary child support order if the tribunal
24 determines that such an order is appropriate and the individual ordered to pay is:
25 (1) A presumed father of the child;
26 (2) Petitioning to have his paternity adjudicated;
27 (3) Identified as the father of the child through genetic testing;
28 (4) An alleged father who has declined to submit to genetic testing;
29 (5) Shown by clear and convincing evidence to be the father of the child;
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1 (6) An acknowledged father as provided by applicable state law;
2 (7) The mother of the child; or
3 (8) An individual who has been ordered to pay child support in a previous
4 proceeding and the order has not been reversed or vacated.
5 C. Upon finding, after notice and opportunity to be heard, that an obligor
6 owes a duty of support, the tribunal shall issue a support order directed to the obligor
7 and may issue other orders pursuant to Article 1303.5 (Duties and powers of
8 responding tribunal).
9 Art. 1304.2. Proceeding to Determine Parentage
10 A tribunal of this state authorized to determine parentage of a child may serve
11 as a responding tribunal in a proceeding to determine parentage of a child brought
12 under this Chapter or a law or procedure substantially similar to this Chapter.
13 Section 5. Enforcement of Support Order
14 of Another State Without Registration
15 Art. 1305.1. Employer's receipt of income-withholding order of another state
16 An income-withholding order issued in another state may be sent by or on
17 behalf of the obligee, or by the support enforcement agency, to the person or entity
18 defined as the obligor's employer under the income withholding law of this state
19 without first filing a petition or comparable pleading or registering the order with a
20 tribunal of this state.
21 Art. 1305.2. Employer's compliance with income-withholding order of another state
22 A. Upon receipt of an income-withholding order, the obligor's employer
23 shall immediately provide a copy of the order to the obligor.
24 B. The employer shall treat an income-withholding order issued in another
25 state which appears regular on its face as if it had been issued by a tribunal of this
26 state.
27 C. Except as otherwise provided in Paragraph D of this Article hereof and
28 Article 1305.3, the employer shall withhold and distribute the funds as directed in
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1 the withholding order by complying with the terms of the order, which specifies all
2 of the following specify:
3 (1) The duration and the amount of periodic payments of current child
4 support, stated as a sum certain.;
5 (2) The person or agency designated to receive payments and the address to
6 which the payments are to be forwarded.;
7 (3) Medical support, whether in the form of periodic cash payment, stated
8 as a sum certain, or ordering the obligor to provide health insurance coverage for the
9 child under a policy available through the obligor's employment.;
10 (4) The amount of periodic payments of fees and costs for a support
11 enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums
12 certain.; and
13 (5) The amount of periodic payments of arrearages and interest on
14 arrearages, stated as sums certain.
15 D. An employer shall comply with the law of the state of the obligor's
16 principal place of employment for withholding from income with respect to all of the
17 following:
18 (1) The employer's fee for processing an income-withholding order.;
19 (2) The maximum amount permitted to be withheld from the obligor's
20 income.; and
21 (3) The times within which the employer must implement the withholding
22 order and forward the child support payment.
23 Art. 1305.3. Compliance Employer's compliance with multiple two or more income-
24 withholding orders
25 If the obligor's employer receives multiple two or more income-withholding
26 orders with respect to the earnings of the same obligor, the employer satisfies the
27 terms of the multiple orders if the employer complies with the law of the state of the
28 obligor's principal place of employment to establish the priorities for withholding
29 and allocating income withheld for multiple two or more child support obligees.
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1 Art. 1305.4. Immunity from civil liability
2 An employer who that complies with an income-withholding order issued in
3 another state in accordance with this Section is not subject to civil liability to any an
4 individual or agency with regard to the employer's withholding of child support from
5 the obligor's income.
6 Art. 1305.5. Penalties for noncompliance
7 An employer who that willfully fails to comply with an income-withholding
8 order issued by in another state and received for enforcement is subject to the same
9 penalties that may be imposed for noncompliance with an order issued by a tribunal
10 of this state.
11 Art. 1305.6. Contest by obligor
12 A. An obligor may contest the validity or enforcement of an income-
13 withholding order issued in another state and received directly by an employer in this
14 state by registering the order in a tribunal of this state and filing a contest to that
15 order as provided in Section 6, or otherwise contesting the order in the same manner
16 as if the order had been issued by a tribunal of this state. Article 1306.4 (Choice of
17 law) applies to the contest.
18 B. The obligor shall give notice of the contest to all of the following:
19 (1) A support enforcement agency providing services to the obligee.;
20 (2) Each employer that has directly received an income-withholding order.
21 relating to the obligor; and
22 (3) The person or agency designated to receive payments in the income-
23 withholding order or, if no person or agency is designated, to the obligee.
24 Art. 1305.7. Administrative enforcement of orders
25 A. A party or support enforcement agency seeking to enforce a support order
26 or an income-withholding order, or both, issued by a tribunal of in another state or
27 a foreign support order may send the documents required for registering the order to
28 a support enforcement agency of this state.
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1 B. Upon receipt of the documents, the support enforcement agency, without
2 initially seeking to register the order, shall consider and, if appropriate, use any
3 administrative procedure authorized by the law of this state to enforce a support
4 order or an income-withholding order, or both. If the obligor does not contest
5 administrative enforcement, the order need not be registered. If the obligor contests
6 the validity or administrative enforcement of the order, the support enforcement
7 agency shall register the order pursuant to this Chapter.
8 Section 6. Registration, Enforcement, and Modification of
9 Support Order After Registration
10 Subsection A. Registration and for Enforcement
11 of Support Order
12 Art. 1306.1. Registration of order for enforcement
13 A support order or an income-withholding order issued by a tribunal of
14 another state in another state or a foreign support order may be registered in this state
15 for enforcement.
16 Art. 1306.2. Procedure to register order for enforcement
17 A. Except as otherwise provided in Article 1307.6, a A support order or
18 income-withholding order of another state or a foreign support order may be
19 registered in this state by sending the following documents and information records
20 to the appropriate tribunal in this state:
21 (1) A letter of transmittal to the tribunal requesting registration and
22 enforcement.;
23 (2) Two copies, including one certified copy, of all orders the order to be
24 registered, including any modification of an the order.;
25 (3) A sworn statement by the party seeking person requesting registration or
26 a certified statement by the custodian of the records showing the amount of any
27 arrearage.;
28 (4) The name of the obligor and, if known:
29 (a) The obligor's address and social security number.;
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1 (b) The name and address of the obligor's employer and any other source of
2 income of the obligor.; and
3 (c) A description and the location of property of the obligor in this state not
4 exempt from execution.; and
5 (5) Except as otherwise provided in Article 1303.12,the The name and
6 address of the obligee and, if applicable, the agency or person to whom support
7 payments are to be remitted.
8 B. On receipt of a request for registration, the registering tribunal shall cause
9 the order to be filed as a foreign judgment an order of a tribunal of another state or
10 a foreign support order, together with one copy of the documents and information,
11 regardless of their form.
12 C. A petition or comparable pleading seeking a remedy that must be
13 affirmatively sought under other law of this state may be filed at the same time as the
14 request for registration or later. The pleading must specify the grounds for the
15 remedy sought.
16 D. If two or more orders are in effect, the person requesting registration
17 shall:
18 (1) Furnish to the tribunal a copy of every support order asserted to be in
19 effect in addition to the documents specified in this Section;
20 (2) Specify the order alleged to be the controlling order, if any; and
21 (3) Specify the amount of consolidated arrears, if any.
22 E. A request for a determination of which is the controlling order may be
23 filed separately or with a request for registration and enforcement or for registration
24 and modification. The person requesting registration shall give notice of the request
25 to each party whose rights may be affected by the determination.
26 Art. 1306.3. Effect of registration for enforcement
27 A. A support order or income-withholding order issued in another state or
28 a foreign support order is registered when the order is filed in the registering tribunal
29 of this state.
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1 B. A registered support order issued in another state or a foreign country is
2 enforceable in the same manner and is subject to the same procedures as an order
3 issued by a tribunal of this state.
4 C. Except as otherwise provided in this Section Chapter, a tribunal of this
5 state shall recognize and enforce, but may not modify, a registered support order if
6 the issuing tribunal had jurisdiction.
7 Art. 1306.4. Choice of law
8 A. Except as otherwise provided in Paragraph D, the The law of the issuing
9 state or foreign country governs:
10 (1) The the nature, extent, amount, and duration of current payments and
11 other obligations of support and the payment of arrearages under the order under a
12 registered support order;
13 (2) The computation and payment of arrearages and accrual of interest on the
14 arrearages under the support order; and
15 (3) The existence and satisfaction of other obligations under the support
16 order.
17 B. In a proceeding for arrearages arrears under a registered support order, the
18 prescriptive period under the laws statute of limitation of this state or of the issuing
19 state or foreign country, whichever is longer, applies.
20 C. A responding tribunal of this state shall apply the procedures and
21 remedies of this state to enforce current support and collect arrears and interest due
22 on a support order of another state or a foreign country registered in this state.
23 D. After a tribunal of this state or another state determines which is the
24 controlling order and issues an order consolidating arrears, if any, a tribunal of this
25 state shall prospectively apply the law of the state or foreign country issuing the
26 controlling order, including its law on interest on arrears, on current and future
27 support, and on consolidated arrears.
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1 Subsection B. Contest of Validity or Enforcement
2 Art. 1306.5. Notice of registration of order
3 A. When a support order or income-withholding order issued in another state
4 or a foreign support order is registered, the registering tribunal of this state shall
5 notify the nonregistering party. The notice must be accompanied by a copy of the
6 registered order and the documents and relevant information accompanying the
7 order.
8 B. The notice must inform the nonregistering party of all of the following:
9 (1) That a registered support order is enforceable as of the date of
10 registration in the same manner as an order issued by a tribunal of this state.;
11 (2) That a hearing to contest the validity or enforcement of the registered
12 order must be requested within twenty days after notice unless the registered order
13 is under Article 1307.7;
14 (3) That failure to contest the validity or enforcement of the registered order
15 in a timely manner will result in confirmation of the order and enforcement of the
16 order and the alleged arrearages and precludes further contest of that order with
17 respect to any matter that could have been asserted.; and
18 (4) Of the amount of any alleged arrearages.
19 C. If the registering party asserts that two or more orders are in effect, a
20 notice must also:
21 (1) Identify the two or more orders and the order alleged by the registering
22 party to be the controlling order and the consolidated arrears, if any;
23 (2) Notify the nonregistering party of the right to a determination of which
24 is the controlling order;
25 (3) State that the procedures provided in Paragraph B apply to the
26 determination of which is the controlling order; and
27 (4) State that failure to contest the validity or enforcement of the order
28 alleged to be the controlling order in a timely manner may result in confirmation that
29 the order is the controlling order.
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1 D. Upon registration of an income-withholding order for enforcement, the
2 support enforcement agency or the registering tribunal shall notify the obligor's
3 employer pursuant to the income-withholding laws law of this state.
4 Art. 1306.6. Procedure to contest validity or enforcement of registered support order
5 A. A nonregistering party seeking to contest the validity or enforcement of
6 a registered support order in this state shall request a hearing within twenty days
7 after notice of the registration the time required by Article 1306.5. The
8 nonregistering party may seek to vacate the registration, to assert any defense to an
9 allegation of noncompliance with the registered order, or to contest the remedies
10 being sought or the amount of any alleged arrearages pursuant to Article 1306.7
11 (Contest of registration or enforcement).
12 B. If the nonregistering party fails to contest the validity or enforcement of
13 the registered support order in a timely manner, the order is confirmed by operation
14 of law.
15 C. If a nonregistering party requests a hearing to contest the validity or
16 enforcement of the registered support order, the registering tribunal shall schedule
17 the matter for hearing and give notice to the parties of the date, time, and place of the
18 hearing.
19 Art. 1306.7. Contest of registration or enforcement
20 A. A party contesting the validity or enforcement of a registered support
21 order or seeking to vacate the registration has the burden of proving one or more of
22 the following defenses:
23 (1) The issuing tribunal lacked personal jurisdiction over the contesting
24 party.
25 (2) The order was obtained by fraud.
26 (3) The order has been vacated, suspended, or modified by a later order.
27 (4) The issuing tribunal has stayed the order pending appeal.
28 (5) There is a defense under the law of this state to the remedy sought.
29 (6) Full or partial payment has been made.
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1 (7) The prescriptive period statute of limitation under Article 1306.4
2 (Choice of law) precludes enforcement of some or all of the arrearages.
3 (8) The alleged controlling order is not the controlling order.
4 B. If a party presents evidence establishing a full or partial defense under
5 Paragraph A of this Article, a tribunal may stay enforcement of the a registered
6 support order, continue the proceeding to permit production of additional relevant
7 evidence, and issue other appropriate orders. An uncontested portion of the
8 registered order may be enforced by all remedies available under the laws law of this
9 state.
10 C. If the contesting party does not establish a defense under Paragraph A of
11 this Article to the validity or enforcement of the a registered support order, the
12 registering tribunal shall issue an order confirming the order.
13 Art. 1306.8. Confirmed order
14 Confirmation of a registered support order, whether by operation of law or
15 after notice and hearing, precludes further contest of the order with respect to any
16 matter that could have been asserted at the time of registration.
17 Subsection C. Registration and Modification of
18 Child Support Order Of Another State
19 Art. 1306.9. Procedure to register child support order of another state for
20 modification
21 A party or support enforcement agency seeking to modify, or to modify and
22 enforce, a child support order issued in another state shall register that order in this
23 state in the same manner provided in Subsection A of this Section Articles 1306.1
24 through 1306.8 if the order has not been registered. A petition for modification may
25 be filed at the same time as a request for registration, or later. The pleading must
26 specify the grounds for modification.
27 Art. 1306.10. Effect of registration for modification
28 A tribunal of this state may enforce a child support order of another state
29 registered for purposes of modification, in the same manner as if the order had been
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1 issued by a tribunal of this state, but the registered order may be modified only if the
2 requirements of Article 1306.11 (Modification of child support order of another
3 state) or 1306.13 have been met.
4 Art. 1306.11. Modification of child support order of another state
5 A. After a child support order issued in another state has been registered in
6 this state, the responding tribunal of this state may modify that order only if Article
7 1306.13 (Jurisdiction to modify child support order of another state when individual
8 parties reside in this state) does not apply and, after notice and hearing, it finds that
9 either If Article 1306.13 does not apply, upon petition a tribunal of this state may
10 modify a child support order issued in another state which is registered in this state
11 if, after notice and hearing, the tribunal finds that:
12 (1) All of the The following requirements are met:
13 (a) Neither the The child, nor the individual obligee who is an individual,
14 and nor the obligor do not reside resides in the issuing state.
15 (b) A petitioner who is a nonresident of this state seeks modification.; and
16 (c) The respondent is subject to the personal jurisdiction of the tribunal of
17 this state.; or
18 (2) The child or a party who is an individual is subject to the personal
19 jurisdiction of the tribunal of this state and all of the parties who are individuals have
20 filed a written consent in the issuing tribunal for a tribunal of this state to modify the
21 support order and assume continuing, exclusive jurisdiction over the order. However,
22 if the issuing state is a foreign jurisdiction that has not enacted a law or established
23 procedures substantially similar to the procedures under this Chapter, the consent
24 otherwise required of an individual residing in this state is not required for the
25 tribunal to assume jurisdiction to modify the child support order. This state is the
26 residence of the child, or a party who is an individual is subject to the personal
27 jurisdiction of the tribunal of this state, and all of the parties who are individuals
28 have filed consents in a record in the issuing tribunal for a tribunal of this state to
29 modify the support order and assume continuing, exclusive jurisdiction.
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1 B. Modification of a registered child support order is subject to the same
2 requirements, procedures, and defenses that apply to the modification of an order
3 issued by a tribunal of this state and the order may be enforced and satisfied in the
4 same manner.
5 C. A tribunal of this state may not modify any aspect of a child support order
6 that may not be modified under the law of the issuing state., including the duration
7 of the obligation of support. If two or more tribunals have issued child support
8 orders for the same obligor and same child, the order that controls and must be so
9 recognized under the provisions of Article 1302.7 (Recognition of controlling child
10 support order) establishes the aspects of the support order that which are
11 nonmodifiable.
12 D. In a proceeding to modify a child support order, the law of the state that
13 is determined to have issued the controlling order governs the duration of the
14 obligation of support. The obligor's fulfillment of the duty of support established by
15 that order precludes imposition of a further obligation of support by a tribunal of this
16 state.
17 D.E. On issuance of an order by a tribunal of this state modifying a child
18 support order issued in another state, a the tribunal of this state becomes the tribunal
19 having continuing, exclusive jurisdiction.
20 F. Notwithstanding Paragraphs A through E of this Article and Article
21 1302.1(B), a tribunal of this state retains jurisdiction to modify an order issued by
22 a tribunal of this state if:
23 (1) One party resides in another state; and
24 (2) The other party resides outside the United States.
25 Art. 1306.12. Recognition of order modified in another state
26 A tribunal of this state shall recognize a modification of its earlier child
27 support order by a tribunal of another state, which assumed jurisdiction pursuant to
28 this Chapter or a law substantially similar to this Chapter, and, upon request, except
29 as otherwise provided in this Chapter, shall do all of the following: If a child support
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1 order issued by a tribunal of this state is modified by a tribunal of another state
2 which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act,
3 a tribunal of this state:
4 (1) Enforce the order that was modified only as to amounts accruing before
5 the modification. May enforce its order that was modified only as to arrears and
6 interest accruing before the modification;
7 (2) Enforce only nonmodifiable aspects of that order.
8 (3) Provide other May provide appropriate relief only for violations of that
9 its order that which occurred before the effective date of the modification; and
10 (4)(3) Recognize Shall recognize the modifying order of the other state, upon
11 registration, for the purpose of enforcement.
12 Art. 1306.13. Jurisdiction to modify child support order of another state when
13 individual parties reside in this state
14 A. If all of the parties who are individuals reside in this state and the child
15 does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce
16 and to modify the issuing state's child support order in a proceeding to register that
17 order.
18 B. A tribunal of this state exercising jurisdiction as provided in under this
19 Article shall apply the provisions of Sections 1 and 2, this Section, of this Chapter,
20 this Article, and the procedural and substantive laws of this state to the proceeding
21 for enforcement or modification. Sections 3, 4, 5, 7, and 8 of this Chapter do not
22 apply.
23 Art. 1306.14. Notice to issuing tribunal of modification
24 Within thirty days after issuance of a modified child support order, the party
25 obtaining the modification shall file a certified copy of the order with the issuing
26 tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each
27 tribunal in which the party knows the earlier order has been registered. A party who
28 obtains the order and fails to file a certified copy is subject to appropriate sanctions
29 by a tribunal in which the issue of failure to file arises. The failure to file does not
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1 affect the validity or enforceability of the modified order of the new tribunal having
2 continuing, exclusive jurisdiction.
3 Subsection D. Registration and modification of foreign child support order
4 Art. 1306.15. Jurisdiction to modify child support order of foreign country
5 A. Except as otherwise provided in Article 1307.11, if a foreign country
6 lacks or refuses to exercise jurisdiction to modify its child support order pursuant to
7 its laws, a tribunal of this state may assume jurisdiction to modify the child support
8 order and bind all individuals subject to the personal jurisdiction of the tribunal
9 whether the consent to modification of a child support order otherwise required of
10 the individual pursuant to Article 1306.11 has been given or whether the individual
11 seeking modification is a resident of this state or of the foreign country.
12 B. An order issued by a tribunal of this state modifying a foreign child
13 support order pursuant to this section is the controlling order.
14 Art. 1306.16. Procedure to register child support order of a foreign country for
15 modification
16 A party or support enforcement agency seeking to modify, or to modify and
17 enforce, a foreign child support order not under the Convention may register that
18 order in this state under Articles 1306.1 through 1306.8 if the order has not been
19 registered. A petition for modification may be filed at the same time as a request for
20 registration, or at another time. The petition must specify the grounds for
21 modification.
22 Section 7. Determination of Parentage Support Proceedings Under Convention
23 Art. 1307.1. Proceeding to determine parentage Definitions
24 A. A tribunal of this state may serve as an initiating or responding tribunal
25 in a proceeding brought under this Chapter or a law or procedure substantially
26 similar to this Chapter, the Uniform Reciprocal Enforcement of Support Act, or the
27 Revised Uniform Reciprocal Enforcement of Support Act to determine that the
28 petitioner is a parent of a particular child or to determine that a respondent is a parent
29 of that child.
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1 B. In a proceeding to determine parentage, a responding tribunal of this state
2 shall apply the procedural and substantive law of this state and the rules of this state
3 on choice of law.
4 In this Section:
5 (1) "Application" means a request under the Convention by an obligee or
6 obligor, or on behalf of a child, made through a central authority for assistance from
7 another central authority.
8 (2) "Central authority" means the entity designated by the United States or
9 a foreign country described in Article 1301.2(5)(d) to perform the functions specified
10 in the Convention.
11 (3) "Convention support order" means a support order of a tribunal of a
12 foreign country described in Article 1301.2(5)(d).
13 (4) "Direct request" means a petition filed by an individual in a tribunal of
14 this state in a proceeding involving an obligee, obligor, or child residing outside the
15 United States.
16 (5) "Foreign central authority" means the entity designated by a foreign
17 country described in Article 1301.2(5)(d) to perform the functions specified in the
18 Convention.
19 (6) "Foreign support agreement":
20 (a) Means an agreement for support in a record that:
21 (i) Is enforceable as a support order in the country of origin;
22 (ii) Has been:
23 (aa) Formally drawn up or registered as an authentic instrument by a foreign
24 tribunal; or
25 (bb) Authenticated by, or concluded, registered, or filed with a foreign
26 tribunal; and
27 (iii) May be reviewed and modified by a foreign tribunal; and
28 (b) Includes a maintenance arrangement or authentic instrument under the
29 Convention.
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1 (7) "United States central authority" means the Secretary of the United States
2 Department of Health and Human Services.
3 Art. 1307.2. Applicability
4 This Section applies only to a support proceeding under the Convention. In
5 such a proceeding, if a provision of this Section is inconsistent with Sections 1
6 through 6, this Section controls.
7 Art. 1307.3. Relationship of the Department of Children and Family Services to
8 United States central authority
9 The Department of Children and Family Services of this state is recognized
10 as the agency designated by the United States central authority to perform specific
11 functions under the Convention.
12 Art. 1307.4. Initiation by the Department of Children and Family Services of
13 support proceeding under convention
14 A. In a support proceeding under this Section, the Department of Children
15 and Family Services, of this state shall:
16 (1) Transmit and receive applications; and
17 (2) Initiate or facilitate the institution of a proceeding regarding an
18 application in a tribunal of this state.
19 B. The following support proceedings are available to an obligee under the
20 Convention:
21 (1) Recognition or recognition and enforcement of a foreign support order;
22 (2) Enforcement of a support order issued or recognized in this state;
23 (3) Establishment of a support order if there is no existing order, including,
24 if necessary, determination of parentage of a child;
25 (4) Establishment of a support order if recognition of a foreign support order
26 is refused under Article 1307.8(B)(2), (4), or (9);
27 (5) Modification of a support order of a tribunal of this state; and
28 (6) Modification of a support order of a tribunal of another state or a foreign
29 country.
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1 C. The following support proceedings are available under the Convention to
2 an obligor against which there is an existing support order:
3 (1) Recognition of an order suspending or limiting enforcement of an
4 existing support order of a tribunal of this state;
5 (2) Modification of a support order of a tribunal of this state; and
6 (3) Modification of a support order of a tribunal of another state or a foreign
7 country.
8 D. A tribunal of this state may not require security, bond, or deposit,
9 however described, to guarantee the payment of costs and expenses in proceedings
10 under the Convention.
11 Art. 1307.5. Direct request
12 A. A petitioner may file a direct request seeking establishment or
13 modification of a support order or determination of parentage of a child. In the
14 proceeding, the law of this state applies.
15 B. A petitioner may file a direct request seeking recognition and enforcement
16 of a support order or support agreement. In the proceeding, Articles 1307.6 through
17 1307.13 apply.
18 C. In a direct request for recognition and enforcement of a Convention
19 support order or foreign support agreement:
20 (1) A security, bond, or deposit is not required to guarantee the payment of
21 costs and expenses; and
22 (2) An obligee or obligor that in the issuing country has benefitted from free
23 legal assistance is entitled to benefit, at least to the same extent, from any free legal
24 assistance provided for by the law of this state under the same circumstances.
25 D. A petitioner filing a direct request is not entitled to assistance from the
26 Department of Children and Family Services.
27 E. This Section does not prevent the application of laws of this state that
28 provide simplified, more expeditious rules regarding a direct request for recognition
29 and enforcement of a foreign support order or foreign support agreement.
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1 Art. 1307.6. Registration of convention support order
2 A. Except as otherwise provided in this Section, a party who is an individual
3 or a support enforcement agency seeking recognition of a Convention support order
4 shall register the order in this state as provided in Section 6.
5 B. Notwithstanding Articles 1303.11 and 1306.2(A), a request for
6 registration of a Convention support order must be accompanied by:
7 (1) A complete text of the support order or an abstract or an extract of the
8 support order drawn up by the issuing foreign tribunal, which may be in the form
9 recommended by the Hague Conference on Private International Law;
10 (2) A record stating that the support order is enforceable in the issuing
11 country;
12 (3) If the respondent did not appear and was not represented in the
13 proceedings in the issuing country, a record attesting, as appropriate, either that the
14 respondent had proper notice of the proceedings and an opportunity to be heard or
15 that the respondent had proper notice of the support order and an opportunity to be
16 heard in a challenge or appeal on fact or law before a tribunal;
17 (4) A record showing the amount of arrears, if any, and the date the amount
18 was calculated;
19 (5) A record showing a requirement for automatic adjustment of the amount
20 of support, if any, and the information necessary to make the appropriate
21 calculations; and
22 (6) If necessary, a record showing the extent to which the applicant received
23 free legal assistance in the issuing country.
24 C. A request for registration of a Convention support order may seek
25 recognition and partial enforcement of the order.
26 D. A tribunal of this state may vacate the registration of a Convention
27 support order without the filing of a contest under Article 1307.7 only if, acting on
28 its own motion, the tribunal finds that recognition and enforcement of the order
29 would be manifestly incompatible with public policy.
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1 E. The tribunal shall promptly notify the parties of the registration or the
2 order vacating the registration of a Convention support order.
3 Art. 1307.7. Contest of registered convention support order
4 A. Except as otherwise provided in this Section, Articles 1306.5 through
5 1306.8 apply to a contest of a registered Convention support order.
6 B. A party contesting a registered Convention support order shall file a
7 contest not later than thirty days after notice of the registration, but if the contesting
8 party does not reside in the United States, the contest shall be filed not later than
9 sixty days after notice of the registration.
10 C. If the nonregistering party fails to contest the registered Convention
11 support order by the time specified in Paragraph B of this Article, the order is
12 enforceable.
13 D. A contest of a registered Convention support order may be based only on
14 grounds set forth in Article 1307.8. The contesting party bears the burden of proof.
15 E. In a contest of a registered Convention support order, a tribunal of this
16 state:
17 (1) Is bound by the findings of fact on which the foreign tribunal based its
18 jurisdiction; and
19 (2) May not review the merits of the order.
20 F. A tribunal of this state deciding a contest of a registered Convention
21 support order shall promptly notify the parties of its decision.
22 G. A challenge or appeal, if any, does not stay the enforcement of a
23 Convention support order unless there are exceptional circumstances.
24 Art. 1307.8. Recognition and enforcement of registered convention support order
25 A. Except as otherwise provided in Paragraph B of this Article, a tribunal of
26 this state shall recognize and enforce a registered Convention support order.
27 B. The following grounds are the only grounds on which a tribunal of this
28 state may refuse recognition and enforcement of a registered Convention support
29 order:
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1 (1) Recognition and enforcement of the order is manifestly incompatible
2 with public policy, including the failure of the issuing tribunal to observe minimum
3 standards of due process, which include notice and an opportunity to be heard;
4 (2) The issuing tribunal lacked personal jurisdiction consistent with Article
5 1302.1;
6 (3) The order is not enforceable in the issuing country;
7 (4) The order was obtained by fraud in connection with a matter of
8 procedure;
9 (5) A record transmitted in accordance with Article 1307.6 lacks authenticity
10 or integrity;
11 (6) A proceeding between the same parties and having the same purpose is
12 pending before a tribunal of this state and that proceeding was the first to be filed;
13 (7) The order is incompatible with a more recent support order involving the
14 same parties and having the same purpose if the more recent support order is entitled
15 to recognition and enforcement under this Chapter in this state;
16 (8) Payment, to the extent alleged arrears have been paid in whole or in part;
17 (9) In a case in which the respondent neither appeared nor was represented
18 in the proceeding in the issuing foreign country:
19 (a) If the law of that country provides for prior notice of proceedings, the
20 respondent did not have proper notice of the proceedings and an opportunity to be
21 heard; or
22 (b) If the law of that country does not provide for prior notice of the
23 proceedings, the respondent did not have proper notice of the order and an
24 opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
25 (10) The order was made in violation of Article 1307.11.
26 C. If a tribunal of this state does not recognize a Convention support order
27 under Subparagraph B(2), (4), or (9) of this Article.
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1 (1) The tribunal may not dismiss the proceeding without allowing a
2 reasonable time for a party to request the establishment of a new Convention support
3 order; and
4 (2) The Department of Children and Family Services shall take all
5 appropriate measures to request a child support order for the obligee if the
6 application for recognition and enforcement was received under Article 1307.4.
7 Art. 1307.9. Partial enforcement
8 If a tribunal of this state does not recognize and enforce a Convention support
9 order in its entirety, it shall enforce any severable part of the order. An application
10 or direct request may seek recognition and partial enforcement of a Convention
11 support order.
12 Art. 1307.10. Foreign support agreement
13 A. Except as otherwise provided in Paragraphs C and D of this Article, a
14 tribunal of this state shall recognize and enforce a foreign support agreement
15 registered in this state.
16 B. An application or direct request for recognition and enforcement of a
17 foreign support agreement must be accompanied by:
18 (1) A complete text of the foreign support agreement; and
19 (2) A record stating that the foreign support agreement is enforceable as an
20 order of support in the issuing country.
21 C. A tribunal of this state may vacate the registration of a foreign support
22 agreement only if, acting on its own motion, the tribunal finds that recognition and
23 enforcement would be manifestly incompatible with public policy.
24 D. In a contest of a foreign support agreement, a tribunal of this state may
25 refuse recognition and enforcement of the agreement if it finds:
26 (1) Recognition and enforcement of the agreement is manifestly
27 incompatible with public policy;
28 (2) The agreement was obtained by fraud or falsification;
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1 (3) The agreement is incompatible with a support order involving the same
2 parties and having the same purpose in this state, another state, or a foreign country
3 if the support order is entitled to recognition and enforcement under this Chapter in
4 this state; or
5 (4) The record submitted under Paragraph B of this Article lacks authenticity
6 or integrity.
7 E. A proceeding for recognition and enforcement of a foreign support
8 agreement shall be suspended during the pendency of a challenge to or appeal of the
9 agreement before a tribunal of another state or a foreign country.
10 Art. 1307.11. Modification of convention child support order
11 A. A tribunal of this state may not modify a Convention child support order
12 if the obligee remains a resident of the foreign country where the support order was
13 issued unless:
14 (1) The obligee submits to the jurisdiction of a tribunal of this state, either
15 expressly or by defending on the merits of the case without objecting to the
16 jurisdiction at the first available opportunity; or
17 (2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify
18 its support order or issue a new support order.
19 B. If a tribunal of this state does not modify a Convention child support order
20 because the order is not recognized in this state, Article 1307.8(C) applies.
21 Art. 1307.12. Personal information; limit on use
22 Personal information gathered or transmitted under this Section may be used
23 only for the purposes for which it was gathered or transmitted.
24 Art. 1307.13. Record in original language; English translation
25 A record filed with a tribunal of this state under this Section must be in the
26 original language and, if not in English, must be accompanied by an English
27 translation.
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1 Section 8. Interstate Rendition
2 Art. 1308.1. Grounds for rendition
3 A. For purposes of this Section, "governor" includes an individual
4 performing the functions of governor or the executive authority of a state covered by
5 this Chapter.
6 B. The governor of this state may either:
7 (1) Demand that the governor of another state surrender an individual found
8 in the other state who is charged criminally in this state with having failed to provide
9 for the support of an obligee.; or
10 (2) On the demand by the governor of another state, surrender an individual
11 found in this state who is charged criminally in the other state with having failed to
12 provide for the support of an obligee.
13 C. A provision for extradition of individuals not inconsistent with this
14 Chapter applies to the demand even if the individual whose surrender is demanded
15 was not in the demanding state when the crime was allegedly committed and has not
16 fled therefrom.
17 Art. 1308.2. Conditions of rendition
18 A. Before making demand that the governor of another state surrender an
19 individual charged criminally in this state with having failed to provide for the
20 support of an obligee, the governor of this state may require a prosecutor of this state
21 to demonstrate that at least sixty days previously the obligee had initiated
22 proceedings for support pursuant to this Chapter or that the proceeding would be of
23 no avail.
24 B. If, under this Chapter or a law substantially similar to this Chapter, the
25 Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal
26 Enforcement of Support Act, the governor of another state makes a demand that the
27 governor of this state surrender an individual charged criminally in that state with
28 having failed to provide for the support of a child or other individual to whom a duty
29 of support is owed, the governor may require a prosecutor to investigate the demand
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1 and report whether a proceeding for support has been initiated or would be effective.
2 If it appears that a proceeding would be effective but has not been initiated, the
3 governor may delay honoring the demand for a reasonable time to permit the
4 initiation of a proceeding.
5 C. If a proceeding for support has been initiated and the individual whose
6 rendition is demanded prevails, the governor may decline to honor the demand. If
7 the petitioner prevails and the individual whose rendition is demanded is subject to
8 a support order, the governor may decline to honor the demand if the individual is
9 complying with the support order.
10 Section 9. Miscellaneous Provisions
11 Art. 1309.1. Uniformity of application and construction
12 In applying and construing this uniform act, consideration must be given to
13 the need to promote uniformity of the law with respect to its subject matter among
14 states that enact it to the extent that such provisions are not prohibited by the
15 Louisiana Constitution.
16 Art. 1309.2. Transitional provision
17 This Chapter applies to proceedings begun on or after the effective date of
18 this Chapter to establish a support order or determine parentage of a child or to
19 register, recognize, enforce, or modify a prior support order, determination, or
20 agreement, whenever issued or entered.
21 Art. 1309.3. Severability
22 If any provision of this Chapter or its application to any person or
23 circumstance is held invalid, the invalidity does not affect other provisions or
24 applications of this Chapter which can be given effect without the invalid provision
25 or application, and to this end the provisions of this Chapter are severable.
26 Section 2. R.S. 46:236.3(I) is hereby amended and reenacted to read as follows:
27 §236.3. Enforcement of support by income assignment
28 * * *
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1 I.(1) The notice to withhold shall operate as an assignment and shall be
2 binding, fourteen days after mailing or other transmission, or from the department
3 by administrative order of income assignment, upon any existing or future employers
4 or payors of income of the person ordered to pay support.
5 (2) Notwithstanding any provision of this Section, a payor may choose to
6 receive notices to withhold in an electronic format from the department in
7 accordance with the provisions of 42 U.S.C. 654a(g)(1)(A).
8 * * *
9 Section 3. Prior to October 1, 2015, the Department of Children and Family Services
10shall take action necessary to implement Section 2 of this Act on October 1, 2015, including
11promulgation of necessary rules in accordance with the Administrative Procedure Act.
12 Section 4.(A) Section 1 of this Act shall become effective on July 1, 2015; if vetoed
13by the governor and subsequently approved by the legislature, Section 1 of this Act shall
14become effective on the day following such approval by the legislature.
15 (B) Section 2 of this Act shall become effective on October 1, 2015.
16 (C) Section 3 of this Act and this Section shall become effective upon signature of
17this Act by the governor or, if not signed by the governor, upon expiration of the time for
18bills to become law without signature of the governor, as provided by Article III, Section 18
19of the Constitution of Louisiana. If this Act is vetoed by the governor and subsequently
20approved by the legislature, Section 3 of this Act and this Section shall become effective on
21the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 609 Reengrossed 2015 Regular Session Robert Johnson
Abstract: Incorporates the 2008 changes by the Uniform Law Commission to the Uniform
Interstate Family Support Act.
Proposed law provides for a comprehensive revision of the Uniform Interstate Family
Support Act, including the following major changes:
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(1)Provides procedures for the registration, recognition, enforcement, and modification
of foreign support orders.
(2)Authorizes tribunals (including courts and administrative agencies) to establish a
support order after a petition is filed in a foreign country, provided that certain
requirements are met.
(3)Extends present law personal jurisdiction provisions that previously applied to tutors
to also apply to guardians and curators.
(4)Requires certain tribunals to convert the amount of a support order to foreign
currency or U.S. dollars, as applicable.
(5)Authorizes tribunals to communicate with each other by electronic means.
(6)Expands the list of circumstances in which a temporary child support order may be
issued.
Present law provides for income withholding to enforce a child support obligation.
Proposed law authorizes the use of electronic income withholding orders by the Dept. of
Children and Family Services.
Section 1 of the Act is effective July 1, 2015; Section 2 is effective October 1, 2015; and
Section 3 is effective upon signature of governor or lapse of time for gubernatorial action.
(Amends Ch.C. Arts. 1301.1-1309.3 and R.S. 46:236.3(I))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Add technical amendments.
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add technical amendments.
2. Add additional amendments to provide for consistency in the use of certain
terms.
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