§3314. Initiation by department of support proceedings
1.
Duty of department.
In a proceeding pursuant to this subchapter, the department shall:
A.
Transmit and receive applications; and
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B.
Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
2.
Proceedings available to obligee.
The following support proceedings are available to an obligee under the Convention:
A.
Recognition or recognition and enforcement of a foreign support order;
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B.
Enforcement of a support order issued or recognized in this State;
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
C.
Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
D.
Establishment of a support order if recognition of a foreign support order is refused under section 3318;
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
E.
Modification of a support order of a tribunal of this State; and
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
F.
Modification of a support order of a tribunal of another state or a foreign country.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
3.
Proceedings available to obligor.
The following support proceedings are available under the Convention to an obligor against whom there is an existing support order:
A.
Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State;
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B.
Modification of a support order of a tribunal of this State; and
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
C.
Modification of a support order of a tribunal of another state or a foreign country.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
4.
Tribunal may not require guarantee of payment of costs and expenses.
A tribunal of this State may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).