5B volume 2 Flashcards
580-301 Proceedings under article
This article provides for the following proceedings:
- Establishment of an order of child or spousal support
- Enforcement of a support and income withholding order of another state
- Registration of a child or spousal support order of another state
- Modification of a spousal or child support order issued in this state
- Registration of a child support order of another state for modification
- Determination of parentage
- Assertion of jurisdiction over non residents
580-301 Proceedings under article
This article provides for the following proceedings:
- Establishment of an order of child or spousal support
- Enforcement of a support and income withholding order of another state
- Registration of a child or spousal support order of another state
- Modification of a spousal or child support order issued in this state
- Registration of a child support order of another state for modification
- Determination of parentage
- Assertion of jurisdiction over non residents
580-301 Proceedings under article
A petitioner or support enforcement agency may commence a proceeding under this article by filing ___________ in an initiating tribunal for forwarding or directly in a tribunal of another state which can obtain or has personal jurisdiction
a petition
580-302 Proceeding by a minor parent
A minor parent or a guardian of a minor parent, may maintain a proceeding on behalf of the minor’s _________
child
580-303 Application of law of state
A responding tribunal of this state shall shall apply the procedure and laws of _________ as well as determine the duty of support in accordance with the support guidelines of __________
this state…….this state
580-304 Duties of initiating tribunal
*Upon the filing of a petition, an initiating tribunal of this state shall forward __________ of the petition and its accompanying documents to the responding tribunal or appropriate support enforcement agency
THREE (3) COPIES
TRI = 3
580-304 Duties of initiating tribunal
If the identity of the responding tribunal is unknown, it shall be forwarded to the “_______________ “ of the responding state for forwarding to the appropriate tribunal with receipt to be acknowledged
state information agency
580-304 Duties of initiating tribunal
If the responding state does not have a UIFSA article such as this, the tribunal of this state may issue a certificate or document using the laws of _________
the responding state
580-305 Duties and powers of responding tribunal
A responding tribunal of this state upon receiving a petition from an initiating tribunal shall cause the petition to be filed with notification of such to the ________
petitioner
580-305 Duties and powers of responding tribunal
A responding tribunal of this state may do one or more of the following:
- Issue, enforce or modify a support order or determine parentage
- Order an obligor to comply with a support order
- Order income-withholding
- Determine an amount of arrears
- Enforce orders by civil or criminal contempt
- Set aside property for satisfaction of a support order
- Place liens and execute on the obligor’s property
- Order an obligor to keep tribunal informed of current address, phone etc.
- Issue a warrant for an obligor who fails to appear
- Order the obligor to seek appropriate employment
- Award reasonable attorney’s fees
- Grant any other available remedy
580-305 Duties and powers of responding tribunal
A responding tribunal of this state may do one or more of the following:
1. Issue, enforce or modify a support order or determine parentage
2. Order an obligor to comply with a support order
3. Order income-withholding
4. Determine an amount of arrears
5. Enforce orders by civil or criminal contempt
6. Set aside property for satisfaction of a support order
7. Place liens and execute on the obligor’s property
8. Order an obligor to keep tribunal informed of current address, phone etc.
9. Issue a warrant for an obligor who fails to appear
10. Order the obligor to seek appropriate employment
11. Award reasonable attorney’s fees
12. Grant any other available remedy
580-305 Duties and powers of responding tribunal
A responding tribunal shall include in a support order the calculations on which the order is based and may not condition the payment of a support order upon compliance by a party with provisions for ___________
visitation
580-305 Duties and powers of responding tribunal
If a responding tribunal of this state issues an order, they shall send a copy of the order to not only the petitioner and respondent but to the __________ as well
initiating tribunal
580-306 Inappropriate tribunal
If a petition is received by an inappropriate tribunal of this state, it shall forward the pleading to an appropriate tribunal of this state or another state and notify the petitioner as to where the pleading was sent
580-306 Inappropriate tribunal
If a petition is received by an inappropriate tribunal of this state, it shall forward the pleading to an appropriate tribunal of this state or another state and notify the petitioner as to where the pleading was sent
580-307 Duties of support enforcement agency
*A support enforcement agency of this state shall upon request provide services to a petitioner including:
- Take steps to enable an appropriate tribunal to obtain jurisdiction over the respondent
- Request the tribunal to set a date, place and time for a hearing
- Obtain all relevant information as to income and property of the parties
*4. Within ___________ exclusive of Saturdays, Sundays and legal holidays notify petitioner of notice received from any tribunal
*5. Within ___________ exclusive of Saturdays, Sundays and legal holidays send a copy of any communication from respondent to the petitioner - Notify petitioner if jurisdiction of respondent cannot be obtained
TEN (10) DAYS…… TEN (10) DAYS
580-308 Duty of certain state officials
If the __________ determines the support enforcement agency is neglecting or refusing to provide services to an individual, they may order the agency to perform its duties or provide service to the individual directly
attorney general
580-309 Private counsel
An individual (MAY/MAY NOT) employ private counsel under this article
MAY
580-310 Duties of state information agency
*The _____________ is the “state information agency” here in this state, and they shall:
- Compile and maintain a list of the tribunals and support enforcement agencies in this state
- Maintain a register of tribunals and support enforcement agencies from other states
- Forward to the appropriate tribunal in this state all documents received from an initiating state
- Obtain information concerning the location of the obligor and their property
state department of social services
580-311 Pleadings and accompanying documents
*Petitions under this article must be _______
verified
580-311 Pleadings and accompanying documents
Petitions must contain the name, address and social security numbers of _______ including the child, as well as sex and date of birth of the child.
all involved
580-311 Pleadings and accompanying documents
All petitions shall be accompanied by a copy of ________ in effect or any information to assist in the locating or identifying the respondent.
any orders
580-311 Pleadings and accompanying documents
The petition must specify the ______ sought
relief
580-312 Nondisclosure of information in exceptional circumstances
A party’s _____ may be kept confidential to protect the health, safety or liberty of party or child
address
580-313 Costs and fees
The _________ is not required to pay any filing fees or other costs, but the obligor may be required to pay certain fees, including attorney’s fees.
*The payment of support to __________ has priority over any fees assessed by the court
Petitioner…… the obligee
580-314 Limited immunity of petitioner
*Participation by a petitioner in a proceeding under this article (DOES/DOES NOT) confer personal jurisdiction over the petitioner in another proceeding, nor are they amenable to service of civil process while present in this state to participate in a proceeding under this article. This immunity does not extend to civil litigation for acts performed by them while present in this state
DOES NOT
580-315 Nonparentage as defense
A party may not plead ____________ as a defense if parentage has been previously determined
non parentage
580-316 Special rules of evidence and procedure
Special rules of evidence and procedure are provided in this section, most notably are:
- A party or witness may be allowed to testify by telephone or other electronic means
- An ____________ may be drawn from a party refusing to answer on the ground of self incrimination
- The privilege against disclosure between spouses or defense of immunity between spouses does not apply here (They can testify against each other)
adverse inference
580-317 Communications between tribunals
Tribunals of different states may communicate with one another to establish information concerning the laws of each other’s states
580-317 Communications between tribunals
Tribunals of different states may communicate with one another to establish information concerning the laws of each other’s states
580-318 Assistance with discovery
A tribunal of this state may ask upon another tribunal of another state to assist in obtaining ________ or compelling a person comply with ____________
Discovery…….. discovery
580-319 Receipt and disbursement of payments
A support enforcement agency or tribunal of this state shall disburse promptly any amounts received by it pursuant to court order and provide a certified statement of the amounts and dates of all payments received
580-319 Receipt and disbursement of payments
A support enforcement agency or tribunal of this state shall disburse promptly any amounts received by it pursuant to court order and provide a certified statement of the amounts and dates of all payments received
580-401 Establishment of support order
If a support order entitled to recognition under this article is not issued, a responding tribunal of this state may issue a support order if:
- The individual seeking the order resides in _________
- The support enforcement agency seeking the order is located in _________
another state ……… another state
580-401 Establishment of support order
The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(1) a presumed ________ of the child;
(2) petitioning to have his ________ adjudicated;
(3) identified as the father of the child through ________ ;
(4) an alleged father who has _________ to submit to genetic testing;
(5) shown by clear and convincing evidence to be the _________ of the child;
(6) an acknowledged father as provided by applicable _______ law;
(7) the ________ of the child; or
(8) an individual who has been ordered to pay __________ in a
previous proceeding and the order has not been reversed or vacated.
father… paternity ….. genetic testing….. declined…….. father….. state……. mother…….. child support
580-401 Establishment of support order
A tribunal may issue a temporary child support order if:
- The respondent has signed a verified statement acknowledging __________
- The respondent has been determined to be _________
- There is other clear and convincing evidence that the respondent is the child’s _________
580-402. Proceeding to determine parentage
A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this article or a law or procedure substantially similar to this article.
580-402. Proceeding to determine parentage
A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this article or a law or procedure substantially similar to this article.
