§ 15-16-13 Registering support orders ofanother jurisdiction for purposes of income withholding. – (a) A party seeking to enforce a support order or an income-withholding order,or both, issued by a tribunal of another state may send the documents requiredfor registering the order to a support enforcement agency of this state.
(2) Upon receipt of the documents, the support enforcementagency, without initially seeking to register the order, shall consider and, ifappropriate, use any administrative procedure authorized by the law of thisstate to enforce an income-withholding order. If the obligor does not contestadministrative enforcement, the order need not be registered. If the obligorcontests the validity or administrative enforcement of the order, the supportenforcement agency shall register the order.
(3) At any hearing contesting proposed income withholdingbased on a support order registered under this section, the registered order,accompanying sworn or certified statement, and a certified copy of an incomewithholding order, if any, still in effect shall constitute prima facie proof,without further proof or foundation, that the support order is valid, that theamount of current support payments and arrearages is as stated, and that theobligee or agency would be entitled to income withholding under the law of thejurisdiction which issued the support order. Once a prima facie case has beenestablished, the obligor may only raise the defense of mistake of fact asstated in § 15-16-5.
(b) The following documentation is required for theregistration of a support order of another jurisdiction:
(1) A letter of transmittal requesting registration andenforcement;
(2) Two (2) copies, including one certified copy, of allorders to be registered, including any modification of an order;
(3) A sworn statement by the party seeking registration or acertified statement by the custodian of the records showing the amount of anyarrearage;
(4) The name of the obligor and, if known:
(i) The obligor's address and social security number;
(ii) The name and address of the obligor's employer and anyother source of income of the obligor; and
(iii) A description and the location of property of theobligor in this state not exempt from execution; and
(5) The name and address of the obligee and, if applicable,the agency or person to whom support payments are to be remitted.
(c) On receipt of a request for registration, the registeringtribunal shall cause the order to be filed as a foreign judgment, together withone copy of the documents and information, regardless of their form.
(d) A registered order issued in another state is enforceablein the same manner and is subject to the same procedures as an order issued bya tribunal of this state. Except as otherwise provided in this section, atribunal of this state shall recognize and enforce, but may not modify, aregistered order if the issuing tribunal had jurisdiction.
§ 15-16-13 Registering support orders ofanother jurisdiction for purposes of income withholding. – (a) A party seeking to enforce a support order or an income-withholding order,or both, issued by a tribunal of another state may send the documents requiredfor registering the order to a support enforcement agency of this state.
(2) Upon receipt of the documents, the support enforcementagency, without initially seeking to register the order, shall consider and, ifappropriate, use any administrative procedure authorized by the law of thisstate to enforce an income-withholding order. If the obligor does not contestadministrative enforcement, the order need not be registered. If the obligorcontests the validity or administrative enforcement of the order, the supportenforcement agency shall register the order.
(3) At any hearing contesting proposed income withholdingbased on a support order registered under this section, the registered order,accompanying sworn or certified statement, and a certified copy of an incomewithholding order, if any, still in effect shall constitute prima facie proof,without further proof or foundation, that the support order is valid, that theamount of current support payments and arrearages is as stated, and that theobligee or agency would be entitled to income withholding under the law of thejurisdiction which issued the support order. Once a prima facie case has beenestablished, the obligor may only raise the defense of mistake of fact asstated in § 15-16-5.
(b) The following documentation is required for theregistration of a support order of another jurisdiction:
(1) A letter of transmittal requesting registration andenforcement;
(2) Two (2) copies, including one certified copy, of allorders to be registered, including any modification of an order;
(3) A sworn statement by the party seeking registration or acertified statement by the custodian of the records showing the amount of anyarrearage;
(4) The name of the obligor and, if known:
(i) The obligor's address and social security number;
(ii) The name and address of the obligor's employer and anyother source of income of the obligor; and
(iii) A description and the location of property of theobligor in this state not exempt from execution; and
(5) The name and address of the obligee and, if applicable,the agency or person to whom support payments are to be remitted.
(c) On receipt of a request for registration, the registeringtribunal shall cause the order to be filed as a foreign judgment, together withone copy of the documents and information, regardless of their form.
(d) A registered order issued in another state is enforceablein the same manner and is subject to the same procedures as an order issued bya tribunal of this state. Except as otherwise provided in this section, atribunal of this state shall recognize and enforce, but may not modify, aregistered order if the issuing tribunal had jurisdiction.
§ 15-16-13 Registering support orders ofanother jurisdiction for purposes of income withholding. – (a) A party seeking to enforce a support order or an income-withholding order,or both, issued by a tribunal of another state may send the documents requiredfor registering the order to a support enforcement agency of this state.
(2) Upon receipt of the documents, the support enforcementagency, without initially seeking to register the order, shall consider and, ifappropriate, use any administrative procedure authorized by the law of thisstate to enforce an income-withholding order. If the obligor does not contestadministrative enforcement, the order need not be registered. If the obligorcontests the validity or administrative enforcement of the order, the supportenforcement agency shall register the order.
(3) At any hearing contesting proposed income withholdingbased on a support order registered under this section, the registered order,accompanying sworn or certified statement, and a certified copy of an incomewithholding order, if any, still in effect shall constitute prima facie proof,without further proof or foundation, that the support order is valid, that theamount of current support payments and arrearages is as stated, and that theobligee or agency would be entitled to income withholding under the law of thejurisdiction which issued the support order. Once a prima facie case has beenestablished, the obligor may only raise the defense of mistake of fact asstated in § 15-16-5.
(b) The following documentation is required for theregistration of a support order of another jurisdiction:
(1) A letter of transmittal requesting registration andenforcement;
(2) Two (2) copies, including one certified copy, of allorders to be registered, including any modification of an order;
(3) A sworn statement by the party seeking registration or acertified statement by the custodian of the records showing the amount of anyarrearage;
(4) The name of the obligor and, if known:
(i) The obligor's address and social security number;
(ii) The name and address of the obligor's employer and anyother source of income of the obligor; and
(iii) A description and the location of property of theobligor in this state not exempt from execution; and
(5) The name and address of the obligee and, if applicable,the agency or person to whom support payments are to be remitted.
(c) On receipt of a request for registration, the registeringtribunal shall cause the order to be filed as a foreign judgment, together withone copy of the documents and information, regardless of their form.
(d) A registered order issued in another state is enforceablein the same manner and is subject to the same procedures as an order issued bya tribunal of this state. Except as otherwise provided in this section, atribunal of this state shall recognize and enforce, but may not modify, aregistered order if the issuing tribunal had jurisdiction.
