5B LA REC BLAST Flashcards
580-102 Definitions.
Home State- means the state where the child lived with a parent or person acting as a parent for at least_________________ immediately preceding the time of filing of the petition, or the state where a child less than ____ months old has been living since birth
SIX (6) CONSECUTIVE MONTHS…
Six (6) months
580-201 Basis for jurisdiction over nonresident
*In a proceeding under this article for support or determination of parentage the tribunal of this state may exercise personal jurisdiction over a non resident individual if:
- The individual is personally served with a summons and petition within this state
- The individual submits to jurisdiction of this state by consent via a general appearance or filing a responsive document
- The individual resided with the child in this state
- The individual resided in this state and provided prenatal expenses or support for the child
- The child resides in this state as a result of the acts of the individual
- The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.
- The individual asserted parentage in the putative father registry
- There is any other basis consistent with the constitutions of this state and the United States for the basis of jurisdiction
*In a proceeding under this article for support or determination of parentage the tribunal of this state may exercise personal jurisdiction over a non resident individual if:
- The individual is personally served with a summons and petition within this state
- The individual submits to jurisdiction of this state by consent via a general appearance or filing a responsive document
- The individual resided with the child in this state
- The individual resided in this state and provided prenatal expenses or support for the child
- The child resides in this state as a result of the acts of the individual
- The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.
- The individual asserted parentage in the putative father registry
- There is any other basis consistent with the constitutions of this state and the United States for the basis of jurisdiction
580-207 Determination of controlling child support order
Within ________ after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of the order with each tribunal that issued or registered an earlier order of child support
“This way every tribunal is kept up to date of recent changes that have occurred”
THIRTY (30) DAYS
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
580-307 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
- Within _________ exclusive of Saturdays, Sundays and legal holidays
notify petitioner of notice received from any tribunal - 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
580-310 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
580-313 Costs and fees
The petitioner 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 ____________ to the obligee has priority over any fees assessed by the court
support
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
580-602 Procedure to register order for enforcement
A support order or income withholding order from another state is registered
here by sending the following documents to the tribunal here:
- A letter of transmittal sent here requesting registration and enforcement
2.______ including _________ certified of all orders to be registered - A sworn statement by the party seeking registration
- The name, address and social security number of the obligor
- The name and address of the obligors employer
- A description and location of obligors property not exempt from execution
- The name and address of the obligee and where payments are to be sent
TWO (2) COPIES……. ONE (1)
580-605 Notice of registration of order
The registering tribunal when registering an out of state order shall notify the non registering party by sending a copy of the order and a notice stating:
- That a registered order has the same effect as an order issued here
- That a hearing to contest the validity must be requested within _________
- That failure to contest the validity will result in confirmation of the order
- The amount of any alleged arrears
Twenty (20) DAYS
580-606 Procedure to contest validity or enforcement of registered support order
A non registering party seeking to contest the validity of a registered order in this state, shall request a hearing within _________ after notice of the registration.
The registering tribunal will notify the parties of the date, time and place for a hearing on the matter
TWENTY(20)DAYS
580-609 Procedure to register child support order of another state for modification
A party or support enforcement agency seeking to modify a child support order issued in another state shall register that order in this state. A petition for modification may be filed at the same time
*Remember it this way: “while an order can be enforced without registering it, to modify it, it must be registered”
580-609 Procedure to register child support order of another state for modification
A party or support enforcement agency seeking to modify a child support order issued in another state shall register that order in this state. A petition for modification may be filed at the same time
*Remember it this way: “while an order can be enforced without registering it, to modify it, it must be registered”
580-614 Notice to issuing tribunal of modification
Within __________ after the issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal who had continuing, exclusive jurisdiction over the earlier order. Failure to file does not affect the validity of the order
THIRTY (30) DAYS
