19-A §3314. Initiation by department of support proceedings (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2009, c. 95, §87) - Maine Statutes

Title 19-A: DOMESTIC RELATIONS HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)

Part 3: PARENTS AND CHILDREN HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)

Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)

Subchapter 7-A: SUPPORT PROCEEDINGS SUBJECT TO CONVENTION

§3314. Initiation by department of support proceedings

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2009, c. 95, §87)

1. Duty of department. In a proceeding pursuant to this subchapter, the department shall:

A. Transmit and receive applications; and [2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF).]

B. Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State. [2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF).]

[ 2009, c. 95, §83 (NEW); 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; [2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF).]

B. Enforcement of a support order issued or recognized in this State; [2009, c. 95, §83 (NEW); 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; [2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF).]

D. Establishment of a support order if recognition of a foreign support order is refused under section 3318; [2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF).]

E. Modification of a support order of a tribunal of this State; and [2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF).]

F. Modification of a support order of a tribunal of another state or a foreign country. [2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF).]

[ 2009, c. 95, §83 (NEW); 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; [2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF).]

B. Modification of a support order of a tribunal of this State; and [2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF).]

C. Modification of a support order of a tribunal of another state or a foreign country. [2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF).]

[ 2009, c. 95, §83 (NEW); 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.

[ 2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF) .]

SECTION HISTORY

2009, c. 95, §83 (NEW). 2009, c. 95, §87 (AFF).