S.B. 136 Enrolled

UNIFORM INTERSTATE FAMILY SUPPORT
ACT
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Lyle W. Hillyard

LONG TITLE
General Description:
This bill makes amendments conforming the Uniform Interstate Family Support Act with
other uniform laws and statutes and makes technical corrections.
Highlighted Provisions:
This bill:
. adds definitions of "person" and "record" to the definition section;
. clarifies the duration of personal jurisdiction a state has over parties to an action;
. allows modifications to a support order to be made by the state controlling the
order, even if the parties no longer reside in that state;
. authorizes an issuing tribunal to request that a tribunal of another state enforce its
order;
. modifies the definition of state to include foreign countries;
. clarifies that the duration of a support order will be based on the initial controlling
order;
. allows a party or witness residing in another state to be deposed or testify under
penalty of perjury by telephone, audiovisual means, or other electronic means;
. clarifies procedures for when there are two or more support orders in existence; and
. clarifies who must receive notice when two or more support orders exist and a
controlling order determination must be made.
Monies Appropriated in this Bill:
None
Other Special Clauses:

None
Utah Code Sections Affected:
AMENDS:
78-45f-101, as last amended by Chapter 161, Laws of Utah 2000
78-45f-103, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-201, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-205, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-206, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-207, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-208, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-209, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-301, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-303, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-304, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-305, as last amended by Chapter 255, Laws of Utah 2001
78-45f-306, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-307, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-308, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-310, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-311, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-314, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-316, as enacted by Chapter 232, Laws of Utah 1997
78-45f-317, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-319, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-401, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-501, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-502, as enacted by Chapter 232, Laws of Utah 1997
78-45f-503, as enacted by Chapter 232, Laws of Utah 1997

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78-45f-506, as enacted by Chapter 232, Laws of Utah 1997
78-45f-507, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-601, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-602, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-604, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-605, as last amended by Chapter 161, Laws of Utah 2000
78-45f-607, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-610, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-611, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-612, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-701, as last amended by Chapter 161, Laws of Utah 2000
78-45f-801, as renumbered and amended by Chapter 232, Laws of Utah 1997
78-45f-802, as last amended by Chapter 161, Laws of Utah 2000
78-45f-901, as renumbered and amended by Chapter 232, Laws of Utah 1997
ENACTS:
78-45f-210, Utah Code Annotated 1953
78-45f-211, Utah Code Annotated 1953
78-45f-615, Utah Code Annotated 1953
REPEALS AND REENACTS:
78-45f-202, as last amended by Chapter 21, Laws of Utah 1999
78-45f-312, as renumbered and amended by Chapter 232, Laws of Utah 1997

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-45f-101 is amended to read:
78-45f-101. Definitions.
In this chapter:
(1) "Child" means an individual, whether over or under the age of majority, who is or is
alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the

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beneficiary of a support order directed to the parent.
(2) "Child-support order" means a support order for a child, including a child who has
attained the age of majority under the law of the issuing state.
(3) "Duty of support" means an obligation imposed or imposable by law to provide
support for a child, spouse, or former spouse, including an unsatisfied obligation to provide
support.
(4) "Home state" means the state in which a child lived with a parent or a person acting as
parent for at least six consecutive months immediately preceding the time of filing of a petition or
comparable pleading for support and, if a child is less than six months old, the state in which the
child lived from birth with any of them. A period of temporary absence of any of them is counted
as part of the six-month or other period.
(5) "Income" includes earnings or other periodic entitlements to money from any source
and any other property subject to withholding for support under the law of this state.
(6) "Income-withholding order" means an order or notice directed to an obligor's
employer or other source of income as defined in Section 62A-11-103 , to withhold support from
the income of the obligor in accordance with Title 62A, Chapter 11, Part 4 or Part 5.
(7) "Initiating state" means a state from which a proceeding is forwarded or in which a
proceeding is filed for forwarding to a responding state under this chapter or a law or procedure
substantially similar to this chapter[, the Uniform Reciprocal Enforcement of Support Act, or the
Revised Uniform Reciprocal Enforcement of Support Act].
(8) "Initiating tribunal" means the authorized tribunal in an initiating state.
(9) "Issuing state" means the state in which a tribunal issues a support order or renders a
judgment determining parentage.
(10) "Issuing tribunal" means the tribunal that issues a support order or renders a
judgment determining parentage.
(11) "Law" includes decisional and statutory law and rules and regulations having the
force of law.
(12) "Obligee" means:

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(a) an individual to whom a duty of support is or is alleged to be owed or in whose favor
a support order has been issued or a judgment determining parentage has been rendered;
(b) a state or political subdivision to which the rights under a duty of support or support
order have been assigned or which has independent claims based on financial assistance provided
to an individual obligee; or
(c) an individual seeking a judgment determining parentage of the individual's child.
(13) "Obligor" means an individual, or the estate of a decedent who:
(a) owes or is alleged to owe a duty of support;
(b) is alleged but has not been adjudicated to be a parent of a child; or
(c) is liable under a support order.
(14) "Person" means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, government, governmental subdivision,
agency, or instrumentality, public corporation, or any other legal or commercial entity.
(15) "Record" means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form.
[(14)] (16) "Register" means to file a support order or judgment determining parentage in
the district court.
[(15)] (17) "Registering tribunal" means a tribunal in which a support order is registered.
[(16)] (18) "Responding state" means a state in which a proceeding is filed or to which a
proceeding is forwarded for filing from an initiating state under this chapter or a law or procedure
substantially similar to this chapter[, the Uniform Reciprocal Enforcement of Support Act, or the
Revised Uniform Reciprocal Enforcement of Support Act].
[(17)] (19) "Responding tribunal" means the authorized tribunal in a responding state.
[(18)] (20) "Spousal-support order" means a support order for a spouse or former spouse
of the obligor.
[(19)] (21) "State" means a state of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States. The term includes:

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(a) an Indian tribe; and [a foreign jurisdiction that]
(b) a foreign country or political subdivision that:
(i) has been declared to be a foreign reciprocating country or political subdivision under
federal law;
(ii) has established a reciprocal arrangement for child-support with this state as provided
in Section 78-45f-208 ; or
(iii) has enacted a law or established procedures for issuance and enforcement of support
orders which are substantially similar to the procedures under this chapter[, the Uniform
Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of
Support Act].
[(20)] (22) "Support-enforcement agency" means a public official or agency authorized to
seek:
(a) enforcement of support orders or laws relating to the duty of support;
(b) establishment or modification of child-support;
(c) determination of parentage; [or]
(d) [to locate] location of obligors or their assets[.]; or
(e) determination of the controlling child-support order.
[(21)] (23) "Support order" means a judgment, decree, [or] order, or directive, whether
temporary, final, or subject to modification, issued by a tribunal for the benefit of a child, a
spouse, or a former spouse, which provides for monetary support, health care, arrearages, or
reimbursement, and may include related costs and fees, interest, income withholding, attorney's
fees, and other relief.
[(22)] (24) "Tribunal" means a court, administrative agency, or quasi-judicial entity
authorized to establish, enforce, or modify support orders or to determine parentage.
Section 2. Section 78-45f-103 is amended to read:
78-45f-103. Remedies cumulative.
(1) Remedies provided by this chapter are cumulative and do not affect the availability of
remedies under other law[.], including the recognition of a support order of a foreign country or

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political subdivision on the basis of comity.
(2) This chapter does not:
(a) provide the exclusive method of establishing or enforcing a support order under the
law of this state; or
(b) grant a tribunal of this state jurisdiction to render judgment or issue an order relating
to child custody or parent-time in a proceeding under this chapter.
Section 3. Section 78-45f-201 is amended to read:
78-45f-201. Bases for jurisdiction over nonresident.
(1) In a proceeding to establish[,] or enforce[, or modify] a support order or to determine
parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual,
or the individual's guardian or conservator, if:
[(1)] (a) the individual is personally served with notice within this state;
[(2)] (b) the individual submits to the jurisdiction of this state by consent, by entering a
general appearance, or by filing a responsive document having the effect of waiving any contest to
personal jurisdiction;
[(3)] (c) the individual resided with the child in this state;
[(4)] (d) the individual resided in this state and provided prenatal expenses or support for
the child;
[(5)] (e) the child resides in this state as a result of the acts or directives of the individual;
[(6)] (f) the individual engaged in sexual intercourse in this state and the child may have
been conceived by that act of intercourse;
[(7)] (g) the individual asserted parentage in the putative father registry maintained in this
state by the state registrar of vital records in the Department of Health pursuant to Title 78,
Chapter 30, Adoption; or
[(8)] (h) there is any other basis consistent with the constitutions of this state and the
United States for the exercise of personal jurisdiction.
(2) The bases of personal jurisdiction set forth in Subsection (1) or in any other law of
this state may not be used to acquire personal jurisdiction for a tribunal of the state to modify a

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child-support order of another state unless the requirements of Section 78-45f-611 or 78-45f-615
are met.
Section 4. Section 78-45f-202 is repealed and reenacted to read:
78-45f-202. Duration of personal jurisdiction.
Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter
or other law of this state relating to a support order continues as long as a tribunal of this state
has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its
order as provided by Sections 78-45f-205 , 78-45f-206 , and 78-45f-211 .
Section 5. Section 78-45f-205 is amended to read:
78-45f-205. Continuing, exclusive jurisdiction.
(1) A tribunal of this state [issuing a support] that has issued a child-support order
consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction [over
a] to modify its child-support order if the order is the controlling order, and:
(a) [as long as] at the time of the filing of a request for modification, this state [remains] is
the residence of the obligor, the individual obligee, or the child for whose benefit the support
order is issued; or
[(b) until all of the parties who are individuals have filed written consents with the tribunal
of this state for a tribunal of another state to modify the order and assume continuing, exclusive
jurisdiction.]
(b) even if this state is not the residence of the obligor, the individual obligee, or the child
for whose benefit the support order is issued, the parties consent in a record or in open court that
the tribunal of this state may continue to exercise jurisdiction to modify its order.
(2) A tribunal of this state [issuing] that has issued a child-support order consistent with
the law of this state may not exercise [its] continuing, exclusive jurisdiction to modify the order if
[the order has been modified by a tribunal of another state pursuant to a law substantially similar
to this chapter.]:
[(3) If a child support order of this state is modified by a tribunal of another state
pursuant to a law substantially similar to this chapter, a tribunal of this state loses its continuing,

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exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and
may only:]
[(a) enforce the order that was modified as to amounts accruing before the modification;]
[(b) enforce nonmodifiable aspects of that order; and]
[(c) provide other appropriate relief for violations of that order which occurred before the
effective date of the modification.]
[(4) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of]
(a) all of the parties who are individuals file consent in a record with the tribunal of this
state that a tribunal of another state that has jurisdiction over at least one of the parties who is an
individual or that is located in the state of residence of the child may modify the order and assume
continuing, exclusive jurisdiction; or
(b) its order is not the controlling order.
(3) If a tribunal of another state [which] has issued a child-support order pursuant to this
chapter or a law substantially similar to this chapter[.] which modifies a child-support order of a
tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of
the tribunal of the other state.
(4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a
child-support order may serve as an initiating tribunal to request a tribunal or another state to
modify a support order issued in that state.
(5) A temporary support order issued ex parte or pending resolution of a jurisdictional
conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
[(6) A tribunal of this state issuing a support order consistent with the law of this state
has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the
support obligation. A tribunal of this state may not modify a spousal support order issued by a
tribunal of another state having continuing, exclusive jurisdiction over that order under the law of
that state.]
Section 6. Section 78-45f-206 is amended to read:
78-45f-206. Enforcement and modification of support order by tribunal having

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continuing jurisdiction.
(1) A tribunal of this state that has issued a child-support order consistent with the law of
this state may serve as an initiating tribunal to request a tribunal of another state to enforce [or
modify a support order issued in that state.]:
(a) the order if the order is the controlling order and has not been modified by a tribunal
of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act;
or
(b) a money judgment for arrears of support and interest on the order accrued before a
determination that an order of another state is the controlling order.
(2) A tribunal of this state having continuing[, exclusive] jurisdiction over a support order
may act as a responding tribunal to enforce [or modify] the order. [If a party subject to the
continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in
subsequent proceedings the tribunal may apply Section 78-45f-316 to receive evidence from
another state and Section 78-45f-318 to obtain discovery through a tribunal of another state.]
[(3) A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal
support order may not serve as a responding tribunal to modify a spousal support order of another
state.]
Section 7. Section 78-45f-207 is amended to read:
78-45f-207. Recognition of controlling child-support order.
(1) If a proceeding is brought under this chapter and only one tribunal has issued a
child-support order, the order of that tribunal controls and must be so recognized.
(2) If a proceeding is brought under this chapter, and two or more child-support orders
have been issued by tribunals of this state or another state with regard to the same obligor and
same child, a tribunal of this state having personal jurisdiction over both the obligor and individual
obligee shall apply the following rules [in determining] and by order shall determine which order
[to recognize for purposes of continuing, exclusive jurisdiction] controls:
(a) If only one of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the order of that tribunal controls and must be so recognized.

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(b) If more than one of the tribunals would have continuing, exclusive jurisdiction under
this chapter, an order issued by a tribunal in the current home state of the child controls [and must
be so recognized], but if an order has not been issued in the current home state of the child, the
order most recently issued controls [and must be so recognized].
(c) If none of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the tribunal of this state [having jurisdiction over the parties] shall issue a child-support
order, which controls [and must be so recognized].
(3) If two or more child-support orders have been issued for the same obligor and same
child [and if the obligor or the individual obligee resides in this state, a party may request a
tribunal of this state to], upon request of a party who is an individual or a support-enforcement
agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee
who is an individual shall determine which order controls [and must be so recognized] under
Subsection (2). [The request must be accompanied by a certified copy of every support order in
effect. The requesting party shall give notice of the request to each party whose rights may be
affected by the determination.] The request may be filed with a registration for enforcement or
registration for modification pursuant to Part 6, Registration, Enforcement, and Modification of
Support Order, or may be filed as a separate proceeding.
(4) A request to determine which is the controlling order must be accompanied by a copy
of every child-support order in effect and the applicable record of payments. The requesting party
shall give notice of the request to each party whose rights may be affected by the determination.
[(4)] (5) The tribunal that issued the controlling order under Subsection (1), (2), or (3) [is
the tribunal that] has continuing[, exclusive] jurisdiction [under] to the extent provided in Section
78-45f-205 or 78-45f-206 .
[(5)] (6) A tribunal of this state [which] that determines by order [the identity of] which is
the controlling order under Subsection (2)(a) [or], (b) or [which], (3) that issues a new controlling
order under Subsection (2)(c), shall state in that order:
(a) the basis upon which the tribunal made its determination[.];
(b) the amount of prospective support, if any; and

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(c) the total amount of consolidated arrears and accrued interest, if any, under all of the
orders after all payments made are credited as provided by Section 78-45f-209 .
[(6)] (7) Within 30 days after issuance of an order determining [the identity of] which is
the controlling order, the party obtaining the order shall file a certified copy of it [with] in each
tribunal that issued or registered an earlier order of child-support. A party [who obtains] or
support-enforcement agency obtaining the order [and] that fails to file a certified copy is subject
to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file
does not affect the validity or enforceability of the controlling order.
(8) An order that has been determined to be the controlling order, or a judgment for
consolidated arrears of support and interest, if any, made pursuant to this section must be
recognized in proceedings under this chapter.
Section 8. Section 78-45f-208 is amended to read:
78-45f-208. Child-support orders for two or more obligees.
In responding to [multiple] registrations or petitions for enforcement of two or more
child-support orders in effect at the same time with regard to the same obligor and different
individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of
this state shall enforce those orders in the same manner as if the [multiple] orders had been issued
by a tribunal of this state.
Section 9. Section 78-45f-209 is amended to read:
78-45f-209. Credit for payments.
[Amounts] A tribunal of this state shall credit amounts collected [and credited] for a
particular period pursuant to [a support order] any child-support order against the amounts owed
for the same period under any other child-support order for support of the same child issued by a
tribunal of this or another state [must be credited against the amounts accruing or accrued for the
same period under a support order issued by the tribunal of this state].
Section 10. Section 78-45f-210 is enacted to read:
78-45f-210. Application to nonresident subject to personal jurisdiction.
A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding

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under this chapter, under other law of this state relating to a support order, or recognizing a
support order of a foreign country or political subdivision on the basis of comity may receive
evidence from another state pursuant to Section 78-45f-316 , communicate with a tribunal of
another state pursuant to Section 78-45f-317 , and obtain discovery through a tribunal of another
state pursuant to Section 78-45f-318 . In all other respects, Parts 3 through 7 do not apply and
the tribunal shall apply the procedural and substantive law of this state.
Section 11. Section 78-45f-211 is enacted to read:
78-45f-211. Continuing, exclusive jurisdiction to modify spousal-support order.
(1) A tribunal of this state issuing a spousal-support order consistent with the law of this
state has continuing, exclusive jurisdiction to modify the spousal-support order throughout the
existence of the support obligation.
(2) A tribunal of this state may not modify a spousal-support order issued by a tribunal of
another state having continuing, exclusive jurisdiction over that order under the law of that state.
(3) A tribunal of this state that has continuing, exclusive jurisdiction over a
spousal-support order may serve as:
(a) an initiating tribunal to request a tribunal of another state to enforce the
spousal-support order issued in this state; or
(b) a responding tribunal to enforce or modify its own spousal-support order.
Section 12. Section 78-45f-301 is amended to read:
78-45f-301. Proceedings under chapter.
(1) Except as otherwise provided in this chapter, this part applies to all proceedings under
this chapter.
[(2) This chapter provides for the following proceedings:]
[(a) establishment of an order for spousal support or child support pursuant to Part 4;]
[(b) enforcement of a support order and income-withholding order of another state
without registration pursuant to Part 5;]
[(c) registration of an order for spousal support or child support of another state for
enforcement pursuant to Part 6;]

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[(d) modification of an order for child support or spousal support issued by a tribunal of
this state pursuant to Sections 78-45f-203 , 78-45f-204 , 78-45f-205 , and 78-45f-206 ;]
[(e) registration of an order for child support of another state for modification pursuant to
Part 6;]
[(f) determination of parentage pursuant to Part 7; and]
[(g) assertion of jurisdiction over nonresidents pursuant to Sections 78-45f-201 and
78-45f-202 .]
[(3)] (2) An individual petitioner or a support-enforcement agency may [commence]
initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for
forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a
tribunal of another state which has or can obtain personal jurisdiction over the respondent.
Section 13. Section 78-45f-303 is amended to read:
78-45f-303. Application of law of state.
Except as otherwise provided [by] in this chapter, a responding tribunal of this state shall:
(1) apply the procedural and substantive law[, including the rules on choice of law,]
generally applicable to similar proceedings originating in this state and may exercise all powers
and provide all remedies available in those proceedings; and
(2) determine the duty of support and the amount payable in accordance with the law and
support guidelines of this state.
Section 14. Section 78-45f-304 is amended to read:
78-45f-304. Duties of initiating tribunal.
(1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this
state shall forward [three copies of] the petition and its accompanying documents:
(a) to the responding tribunal or appropriate support-enforcement agency in the
responding state; or
(b) if the identity of the responding tribunal is unknown, to the state information agency
of the responding state with a request that they be forwarded to the appropriate tribunal and that
receipt be acknowledged.

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(2) If [a responding state has not enacted this chapter or a law or procedure substantially
similar to this chapter,] requested by the responding tribunal, a tribunal of this state [may] shall
issue a certificate or other document and make findings required by the law of the responding
state. If the responding state is a foreign [jurisdiction] country or political subdivision, upon
request, the tribunal [may] shall specify the amount of support sought [and], convert that amount
into the equivalent amount in the foreign currency under applicable official or market exchange
rate as publicly reported, and provide [the] any other documents necessary to satisfy the
requirements of the responding state.
Section 15. Section 78-45f-305 is amended to read:
78-45f-305. Duties and powers of responding tribunal.
(1) When a responding tribunal of this state receives a petition or comparable pleading
from an initiating tribunal or directly pursuant to Subsection 78-45f-301 (2)[(c)], it shall cause the
petition or pleading to be filed and notify the petitioner where and when it was filed.
(2) A responding tribunal of this state, to the extent [otherwise authorized by] not
prohibited by other law, may do one or more of the following:
(a) issue or enforce a support order, modify a child-support order, determine the
controlling child-support order, or [render a judgment to] determine parentage;
(b) order an obligor to comply with a support order, specifying the amount and the
manner of compliance;
(c) order income withholding;
(d) determine the amount of any arrearages and specify a method of payment;
(e) enforce orders by civil or criminal contempt, or both;
(f) set aside property for satisfaction of the support order;
(g) place liens and order execution on the obligor's property;
(h) order an obligor to keep the tribunal informed of the obligor's current residential
address, telephone number, employer, address of employment, and telephone number at the place
of employment;
(i) issue a bench warrant for an obligor who has failed after proper notice to appear at a

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hearing ordered by the tribunal and enter the bench warrant in any local and state computer
systems for criminal warrants;
(j) order the obligor to seek appropriate employment by specified methods;
(k) award reasonable attorneys' fees and other fees and costs; and
(l) grant any other available remedy.
(3) A responding tribunal of this state shall include in a support order issued under this
chapter, or in the documents accompanying the order, the calculations on which the support order
is based.
(4) A responding tribunal of this state may not condition the payment of a support order
issued under this chapter upon compliance by a party with provisions for parent-time.
(5) If a responding tribunal of this state issues an order under this chapter, the tribunal
shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if
any.
(6) If requested to enforce a support order, arrears, or judgment or modify a support
order stated in a foreign currency, a responding tribunal of this state shall convert the amount
stated in the foreign currency to the equivalent amount in dollars under the applicable official or
market exchange rate as publicly reported.
Section 16. Section 78-45f-306 is amended to read:
78-45f-306. Inappropriate tribunal.
If a petition or comparable pleading is received by an inappropriate tribunal of this state,
[it] the tribunal shall forward the pleading and accompanying documents to an appropriate
tribunal in this state or another state and notify the petitioner where and when the pleading was
sent.
Section 17. Section 78-45f-307 is amended to read:
78-45f-307. Duties of support-enforcement agency.
(1) A support-enforcement agency of this state, upon request, shall provide services to a
petitioner in a proceeding under this chapter.
(2) A support-enforcement agency of this state that is providing services to the petitioner

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[as appropriate] shall:
(a) take all steps necessary to enable an appropriate tribunal in this state or another state
to obtain jurisdiction over the respondent;
(b) request an appropriate tribunal to set a date, time, and place for a hearing;
(c) make a reasonable effort to obtain all relevant information, including information as to
income and property of the parties;
(d) within ten days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a
written notice in a record from an initiating, responding, or registering tribunal, send a copy of the
notice to the petitioner;
(e) within ten days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a
written communication in a record from the respondent or the respondent's attorney, send a copy
of the communication to the petitioner; and
(f) notify the petitioner if jurisdiction over the respondent cannot be obtained.
(3) A support-enforcement agency of this state that requests registration of a
child-support order in this state for enforcement or for modification shall make reasonable efforts:
(a) to ensure that the order to be registered is the controlling order; or
(b) if two or more child-support orders exist and the identity of the controlling order has
not been determined, to ensure that a request for such a determination is made in a tribunal having
jurisdiction to do so.
(4) A support-enforcement agency of this state that requests registration and enforcement
of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts
stated in the foreign currency into the equivalent amounts in dollars under the applicable official
or market exchange rate as publicly reported.
(5) A support-enforcement agency of this state shall issue or request a tribunal of this
state to issue a child-support order and an income-withholding order that redirects payment of
current support, arrears, and interest if requested to do so by a support-enforcement agency of
another state pursuant to Section 78-45f-319 .
[(3)] (6) This chapter does not create or negate a relationship of attorney and client or

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other fiduciary relationship between a support-enforcement agency or the attorney for the agency
and the individual being assisted by the agency.
Section 18. Section 78-45f-308 is amended to read:
78-45f-308. Duty of attorney general.
(1) If the attorney general determines that the support-enforcement agency is neglecting
or refusing to provide services to an individual, the attorney general may order the agency to
perform its duties under this chapter or may provide those services directly to the individual.
(2) The attorney general may determine that a foreign country or political subdivision has
established a reciprocal arrangement for child-support with this state and take appropriate action
for notification of the determination.
Section 19. Section 78-45f-310 is amended to read:
78-45f-310. Duties of state information agency.
(1) The Office of Recovery Services is the state information agency under this chapter.
(2) The state information agency shall:
(a) compile and maintain a current list, including addresses, of the tribunals in this state
which have jurisdiction under this chapter and any support-enforcement agencies in this state and
transmit a copy to the state information agency of every other state;
(b) maintain a register of names and addresses of tribunals and support-enforcement
agencies received from other states;
(c) forward to the appropriate tribunal in the [place] county in this state in which the
[individual] obligee who is an individual or the obligor resides, or in which the obligor's property
is believed to be located, all documents concerning a proceeding under this chapter received from
an initiating tribunal or the state information agency of the initiating state; and
(d) obtain information concerning the location of the obligor and the obligor's property
within this state not exempt from execution, by such means as postal verification and federal or
state locator services, examination of telephone directories, requests for the obligor's address from
employers, and examination of governmental records, including, to the extent not prohibited by
law, those relating to real property, vital records, law enforcement, taxation, motor vehicles,

- 18 -

driver's licenses, and Social Security number.
Section 20. Section 78-45f-311 is amended to read:
78-45f-311. Pleadings and accompanying documents.
(1) [A] In a proceeding under this chapter, a petitioner seeking to establish [or] a support
order, to determine parentage, or to register and modify a support order [or to determine
parentage in a proceeding under this chapter must verify the] of another state must file a petition.
Unless otherwise ordered under Section 78-45f-312 , the petition or accompanying documents
must provide, so far as known, the name, residential address, and Social Security numbers of the
obligor and the obligee or the parent and alleged parent, and the name, sex, residential address,
Social Security number, and date of birth of each child for [whom] whose benefit support is
sought[. The] or whose parentage is to be determined. Unless filed at the time of registration,
the petition must be accompanied by a [certified] copy of any support order [in effect] known to
have been issued by another tribunal. The petition may include any other information that may
assist in locating or identifying the respondent.
(2) The petition must specify the relief sought. The petition and accompanying
documents must conform substantially with the requirements imposed by the forms mandated by
federal law for use in cases filed by a support-enforcement agency.
Section 21. Section 78-45f-312 is repealed and reenacted to read:
78-45f-312. Nondisclosure of information in exceptional circumstances.
If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty
of a party or child would be jeopardized by disclosure of specific identifying information, that
information must be sealed and may not be disclosed to the other party or the public. After a
hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or
child, the tribunal may order disclosure of information that the tribunal determines to be in the
interest of justice.
Section 22. Section 78-45f-314 is amended to read:
78-45f-314. Limited immunity of petitioner.
(1) Participation by a petitioner in a proceeding under this chapter before a responding

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tribunal, whether in person, by private attorney, or through services provided by the
support-enforcement agency, does not confer personal jurisdiction over the petitioner in another
proceeding.
(2) A petitioner is not amenable to service of civil process while physically present in this
state to participate in a proceeding under this chapter.
(3) The immunity granted by this section does not extend to civil litigation based on acts
unrelated to a proceeding under this chapter committed by a party while present in this state to
participate in the proceeding.
Section 23. Section 78-45f-316 is amended to read:
78-45f-316. Special rules of evidence and procedure.
(1) The physical presence of [the petitioner] a nonresident party who is an individual in a
[responding] tribunal of this state is not required for the establishment, enforcement, or
modification of a support order or the rendition of a judgment determining parentage.
(2) [A verified petition,] An affidavit, [or] a document substantially complying with
federally mandated forms, [and] or a document incorporated by reference in any of them, which
would not be excluded under the hearsay rule if given in person, is admissible in evidence if given
under [oath] penalty of perjury by a party or witness residing in another state.
(3) A copy of the record of child-support payments certified as a true copy of the original
by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence
of facts asserted in it and is admissible to show whether payments were made.
(4) Copies of bills for testing for parentage, and for prenatal and postnatal health care of
the mother and child, furnished to the adverse party at least ten days before trial, are admissible in
evidence to prove the amount of the charges billed and that the charges were reasonable,
necessary, and customary.
(5) Documentary evidence transmitted from another state to a tribunal of this state by
telephone, telecopier, or other means that do not provide an original [writing] record may not be
excluded from evidence on an objection based on the means of transmission.
(6) In a proceeding under this chapter, a tribunal of this state [may] shall permit a party or

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witness residing in another state to be deposed or to testify by telephone, audiovisual means, or
other electronic means at a designated tribunal or other location in that state. A tribunal of this
state shall cooperate with tribunals of other states in designating an appropriate location for the
deposition or testimony.
(7) If a party called to testify at a civil hearing refuses to answer on the ground that the
testimony may be self-incriminating, the trier of fact may draw an adverse inference from the
refusal.
(8) A privilege against disclosure of communications between spouses does not apply in a
proceeding under this chapter.
(9) The defense of immunity based on the relationship of husband and wife or parent and
child does not apply in a proceeding under this chapter.
(10) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to
establish parentage of the child.
Section 24. Section 78-45f-317 is amended to read:
78-45f-317. Communications between tribunals.
A tribunal of this state may communicate with a tribunal of another state [in writing] or
foreign country or political subdivision in a record, or by telephone or other means, to obtain
information concerning the laws [of that state], the legal effect of a judgment, decree, or order of
that tribunal, and the status of a proceeding in the other state or a foreign country or political
subdivision. A tribunal of this state may furnish similar information by similar means to a tribunal
of another state or foreign country or political subdivision.
Section 25. Section 78-45f-319 is amended to read:
78-45f-319. Receipt and disbursement of payments.
(1) A support-enforcement agency or tribunal of this state shall disburse promptly any
amounts received pursuant to a support order, as directed by the order. The agency or tribunal
shall furnish to a requesting party or tribunal of another state a certified statement by the
custodian of the record of the amounts and dates of all payments received.
(2) If neither the obligor, nor the obligee who is an individual, nor the child resides in this

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state, upon request from the support-enforcement agency of this state or another state, the Office
of Recovery Services or a tribunal of this state shall:
(a) direct that the support payment be made to the support-enforcement agency in the
state in which the obligee is receiving services; and
(b) issue and send to the obligor's employer a conforming income-withholding order or an
administrative notice of change of payee, reflecting the redirected payments.
(3) The support-enforcement agency of this state receiving redirected payments from
another state pursuant to a law similar to Subsection (2) shall furnish to a requesting party or
tribunal of the other state a certified statement by the custodian of the record of the amount and
dates of all payments received.
Section 26. Section 78-45f-401 is amended to read:
78-45f-401. Petition to establish support order.
(1) If a support order entitled to recognition under this chapter has not been issued, a
responding tribunal of this state may issue a support order if:
(a) the individual seeking the order resides in another state; or
(b) the support-enforcement agency seeking the order is located in another state.
(2) 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:
[(a) the respondent has signed a verified statement acknowledging parentage;]
[(b) the respondent has been determined by or pursuant to law to be the parent; or]
[(c) there is other clear and convincing evidence that the respondent is the child's parent].
(a) a presumed father of the child;
(b) petitioning to have his paternity adjudicated;
(c) identified as the father of the child through genetic testing;
(d) an alleged father who has declined to submit to genetic testing;
(e) shown by clear and convincing evidence to be the father of the child;
(f) an acknowledged father determined in accordance with Title 78, Chapter 45e,
Voluntary Declaration of Paternity Act;

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(g) the mother of the child; or
(h) an individual who has been ordered to pay child-support in a previous proceeding and
the order has not been reversed or vacated.
(3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of
support, the tribunal shall issue a support order directed to the obligor and may issue other orders
pursuant to Section 78-45f-305 .
Section 27. Section 78-45f-501 is amended to read:
78-45f-501. Employer's receipt of income-withholding order of another state.
An income-withholding order issued in another state may be sent by or on behalf of the
obligee, or by the support-enforcement agency, to the person [or entity] defined as the obligor's
employer under Title 62A, Chapter 11, [Part] Parts 4 and 5, Income Withholding, without first
filing a petition or comparable pleading or registering the order with a tribunal of this state.
Section 28. Section 78-45f-502 is amended to read:
78-45f-502. Employer's compliance with income withholding of another state.
(1) Upon receipt of an income-withholding order, the obligor's employer shall
immediately provide a copy of the order to the obligor.
(2) The employer shall treat an income-withholding order issued in another state which
appears regular on its face as if it had been issued by a tribunal of this state.
(3) Except as otherwise provided in Subsection (4) and Section 78-45f-503 , the employer
shall withhold and distribute the funds as directed in the withholding order by complying with
terms of the order which specify:
(a) the duration and amount of periodic payments of current child-support, stated as a
sum certain;
(b) the person [or agency] designated to receive payments and the address to which the
payments are to be forwarded;
(c) medical support, whether in the form of periodic cash payment, stated as a sum
certain, or ordering the obligor to provide health insurance coverage for the child under a policy
available through the obligor's employment;

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(d) the amount of periodic payments of fees and costs for a support-enforcement agency,
the issuing tribunal, and the obligee's attorney, stated as sums certain; and
(e) the amount of periodic payments of arrearages and interest on arrearages, stated as
sums certain.
(4) An employer shall comply with the law of the state of the obligor's principal place of
employment for withholding from income with respect to:
(a) the employer's fee for processing an income withholding order;
(b) the maximum amount permitted to be withheld from the obligor's income; and
(c) the times within which the employer must implement the withholding order and
forward the child-support payment.
Section 29. Section 78-45f-503 is amended to read:
78-45f-503. Compliance with multiple income-withholding orders.
If an obligor's employer receives [multiple] two or more income-withholding orders with
respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders
if the employer complies with the law of the state of the obligor's principal place of employment
to establish the priorities for the withholding and allocating income withheld for [multiple child
support] two or more obligees.
Section 30. Section 78-45f-506 is amended to read:
78-45f-506. Contest by obligor.
(1) An obligor may contest the validity or enforcement of an income-withholding order
issued in another state and received directly by an employer in this state by registering the order in
a tribunal of this state and filing a contest to that order as provided in Part 6, Registration,
Enforcement, and Modification of Support Order, or otherwise contesting the order in the same
manner as if the order had been issued by a tribunal of this state. [Section 78-45f-604 applies to
the contest.]
(2) The obligor shall give notice of the contest to:
(a) a support-enforcement agency providing services to the obligee;
(b) each employer that has directly received an income-withholding order relating to the

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obligor; and
(c) the person [or agency] designated to receive payments in the income-withholding
order or if no person [or agency] is designated, to the obligee.
Section 31. Section 78-45f-507 is amended to read:
78-45f-507. Administrative enforcement of orders.
(1) A party or support-enforcement agency seeking to enforce a support order or an
income-withholding order, or both, issued by a tribunal of another state may send the documents
required for registering the order to a support-enforcement agency of this state.
(2) Upon receipt of the documents, the support-enforcement agency, without initially
seeking to register the order, shall consider and, if appropriate, use any administrative procedure
authorized by the law of this state to enforce a support order or an income-withholding order, or
both. If the obligor does not contest administrative enforcement, the order need not be registered.
If the obligor contests the validity or administrative enforcement of the order, the
support-enforcement agency shall register the order pursuant to this chapter.
Section 32. Section 78-45f-601 is amended to read:
78-45f-601. Registration of order for enforcement.
A support order or [an] income-withholding order issued by a tribunal of another state
may be registered in this state for enforcement.
Section 33. Section 78-45f-602 is amended to read:
78-45f-602. Procedure to register order for enforcement.
(1) A support order or income-withholding order of another state may be registered in
this state by sending the following [documents] records and information to the appropriate
tribunal in this state:
(a) a letter of transmittal to the tribunal requesting registration and enforcement;
(b) two copies, including one certified copy, of [all orders] the order to be registered,
including any modification of [an] the order;
(c) a sworn statement by the [party seeking] person requesting registration or a certified
statement by the custodian of the records showing the amount of any arrearage;

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(d) 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 any other source of income of the
obligor; and
(iii) a description and the location of property of the obligor in this state not exempt from
execution; and
(e) except as otherwise provided in Section 78-45f-312 , the name and address of the
obligee and, if applicable, the [agency or] person to whom support payments are to be remitted.
(2) On receipt of a request for registration, the registering tribunal shall cause the order to
be filed as a foreign judgment, together with one copy of the documents and information,
regardless of their form.
(3) A petition seeking a remedy that must be affirmatively sought under law of this state
may be filed at the same time as the request for registration or later. The pleading must specify
the grounds for the remedy sought.
(4) If two or more orders are in effect, the person requesting registration shall:
(a) furnish to the tribunal a copy of every support order asserted to be in effect in addition
to the documents specified in this section;
(b) specify the order alleged to be the controlling order, if any; and
(c) specify the amount of consolidated arrears, if any.
(5) A request for a determination of which is the controlling order may be filed separately
or with a request for registration and enforcement or for registration and modification. The
person requesting registration shall give notice of the request to each party whose rights may be
affected by the determination.
Section 34. Section 78-45f-604 is amended to read:
78-45f-604. Choice of law.
(1) [The] Except as otherwise provided in Subsection (4), the law of the issuing state
governs:
(a) the nature, extent, amount, and duration of current payments [and other obligations of

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support and the] under a registered support order;
(b) the computation and payment of arrearages [under the order.] and accrual of interest
on the arrearages under the support order; and
(c) the existence and satisfaction of other obligations under the support order.
(2) In a proceeding for [arrearages] arrears under a registered support order, the statute
of limitation [under the laws] of this state or of the issuing state, whichever is longer, applies.
(3) A responding tribunal of this state shall apply the procedures and remedies of this
state to enforce current support and collect arrears and interest due on a support order of another
state registered in this state.
(4) After a tribunal of this or another state determines which is the controlling order and
issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the
law of the state issuing the controlling order, including its law on interest on arrears, on current
and future support, and on consolidated arrears.
Section 35. Section 78-45f-605 is amended to read:
78-45f-605. Notice of registration of order.
(1) When a support order or income-withholding order issued in another state is
registered, the registering tribunal shall notify the nonregistering party. The notice must be
accompanied by a copy of the registered order and the documents and relevant information
accompanying the order.
(2) [The] A notice must inform the nonregistering party:
(a) that a registered order is enforceable as of the date of registration in the same manner
as an order issued by a tribunal of this state;
(b) that a hearing to contest the validity or enforcement of the registered order must be
requested within 20 days after the date of mailing or personal service of the notice;
(c) that failure to contest the validity or enforcement of the registered order in a timely
manner will result in confirmation of the order and enforcement of the order and the alleged
arrearages and precludes further contest of that order with respect to any matter that could have
been asserted; and

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(d) of the amount of any alleged arrearages.
(3) If the registering party asserts that two or more orders are in effect, a notice must
also:
(a) identify the two or more orders and the order alleged by the registering person to be
the controlling order and the consolidated arrears, if any;
(b) notify the nonregistering party of the right to a determination of which is the
controlling order;
(c) state that the procedures provided in Subsection (2) apply to the determination of
which is the controlling order; and
(d) state that failure to contest the validity or enforcement of the order alleged to be the
controlling order in a timely manner may result in confirmation that the order is the controlling
order.
[(3)] (4) Upon registration of an income-withholding order for enforcement, the
registering tribunal shall notify the obligor's employer pursuant to Title 62A, Chapter 11, Part 4,
Income Withholding In IV-D Cases.
Section 36. Section 78-45f-607 is amended to read:
78-45f-607. Contest of registration or enforcement.
(1) A party contesting the validity or enforcement of a registered order or seeking to
vacate the registration has the burden of proving one or more of the following defenses:
(a) the issuing tribunal lacked personal jurisdiction over the contesting party;
(b) the order was obtained by fraud;
(c) the order has been vacated, suspended, or modified by a later order;
(d) the issuing tribunal has stayed the order pending appeal;
(e) there is a defense under the law of this state to the remedy sought;
(f) full or partial payment has been made; [or]
(g) the statute of limitation under Section 78-45f-604 precludes enforcement of some or
all of the alleged arrearages[.]; or
(h) the alleged controlling order is not the controlling order.

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(2) If a party presents evidence establishing a full or partial defense under Subsection (1),
a tribunal may stay enforcement of the registered order, continue the proceeding to permit
production of additional relevant evidence, and issue other appropriate orders. An uncontested
portion of the registered order may be enforced by all remedies available under the law of this
state.
(3) If the contesting party does not establish a defense under Subsection (1) to the validity
or enforcement of the order, the registering tribunal shall issue an order confirming the order.
Section 37. Section 78-45f-610 is amended to read:
78-45f-610. Effect of registration for modification.
A tribunal of this state may enforce a child-support order of another state registered for
purposes of modification, in the same manner as if the order had been issued by a tribunal of this
state, but the registered order may be modified only if the requirements of Section 78-45f-611 ,
78-45f-613 , or 78-45f-615 have been met.
Section 38. Section 78-45f-611 is amended to read:
78-45f-611. Modification of child-support order of another state.
(1) [After] If Section 78-45f-613 does not apply, except as otherwise provided in Section
78-45f-615 , upon petition a tribunal of this state may modify a child-support order issued in
another state [has been] which is registered in this state[, the responding tribunal of this state may
modify that order only if Section 78-45f-613 does not apply and] if, after notice and hearing [it],
the tribunal finds that:
(a) the following requirements are met:
(i) neither the child, nor the [individual] obligee[, and] who is an individual, nor the
obligor [do not reside] resides in the issuing state;
(ii) a petitioner who is a nonresident of this state seeks modification; and
(iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or
(b) this state is the state of residence of the child, or a party who is an individual, is
subject to the personal jurisdiction of the tribunal of this state and all of the parties who are
individuals have filed [written] consents in a record in the issuing tribunal for a tribunal of this

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state to modify the support order and assume continuing, exclusive jurisdiction [over the order.
However, if the issuing state is a foreign jurisdiction that has not enacted a law or established
procedures substantially similar to the procedures under this chapter, the consent otherwise
required of an individual residing in this state is not required for the tribunal to assume jurisdiction
to modify the child support order].
(2) Modification of a registered child-support order is subject to the same requirements,
procedures, and defenses that apply to the modification of an order issued by a tribunal of this
state and the order may be enforced and satisfied in the same manner.
(3) [A] Except as otherwise provided in Section 78-45f-615 , a tribunal of this state may
not modify any aspect of a child-support order that may not be modified under the law of the
issuing state, including the duration of the obligation of support. If two or more tribunals have
issued child-support orders for the same obligor and same child, the order that controls and must
be so recognized under Section 78-45f-207 establishes the aspects of the support order which are
nonmodifiable.
(4) In a proceeding to modify a child-support order, the law of the state that is
determined to have issued the initial controlling order governs the duration of the obligation of
support. The obligor's fulfillment of the duty of support established by that order precludes
imposition of a further obligation of support by a tribunal of this state.
[(4)] (5) On issuance of an order by a tribunal of this state modifying a child-support
order issued in another state, [a] the tribunal of this state becomes the tribunal of continuing,
exclusive jurisdiction.
Section 39. Section 78-45f-612 is amended to read:
78-45f-612. Recognition of order modified in another state.
[A] If a child-support order issued by a tribunal of this state [shall recognize a
modification of its earlier child support order] is modified by a tribunal of another state which
assumed jurisdiction pursuant to [a law substantially similar to] this chapter [and, upon request,
except as otherwise provided in this chapter, shall], a tribunal of this state:
(1) may enforce [the] its order that was modified only as to [amounts] arrears and interest

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accruing before the modification;
[(2) enforce only nonmodifiable aspects of that order;]
[(3)] (2) may provide [other] appropriate relief [only] for violations of [that] its order
which occurred before the effective date of the modification; and
[(4)] (3) shall recognize the modifying order of the other state, upon registration, for the
purpose of enforcement.
Section 40. Section 78-45f-615 is enacted to read:
78-45f-615. Jurisdiction to modify child-support order of foreign country or
political subdivision.
(1) If a foreign country or political subdivision that is a state will not or may not modify
its order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the
child-support order and bind all individuals subject to the personal jurisdiction of the tribunal
whether or not the consent to modification of a child-support order otherwise required of the
individual pursuant to Section 78-45f-611 has been given or whether the individual seeking
modification is a resident of this state or of the foreign country or political subdivision.
(2) An order issued pursuant to this section is the controlling order.
Section 41. Section 78-45f-701 is amended to read:
78-45f-701. Proceeding to determine parentage.
[(1)] A tribunal of this state authorized to determine parentage of a child may serve as [an
initiating or] a responding tribunal in a proceeding to determine parentage brought under this
chapter or a law or procedure substantially similar to this chapter[, the Uniform Reciprocal
Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to
determine that the petitioner is a parent of a particular child or to determine that a respondent is a
parent of that child].
[(2) In a proceeding to determine parentage, a responding tribunal of this state shall apply
Title 78, Chapter 45a, Uniform Act on Paternity, and the rules of this state on choice of law.]
Section 42. Section 78-45f-801 is amended to read:
78-45f-801. Grounds for rendition.

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(1) For purposes of this part, "governor" includes an individual performing the functions
of governor or the executive authority of a state covered by this chapter.
(2) The governor of this state may:
(a) demand that the governor of another state surrender an individual found in the other
state who is charged criminally in this state with having failed to provide for the support of an
obligee; or
(b) on the demand [by] of the governor of another state, surrender an individual found in
this state who is charged criminally in the other state with having failed to provide for the support
of an obligee.
(3) A provision for extradition of individuals not inconsistent with this chapter applies to
the demand even if the individual whose surrender is demanded was not in the demanding state
when the crime was allegedly committed and has not fled therefrom.
Section 43. Section 78-45f-802 is amended to read:
78-45f-802. Conditions of rendition.
(1) Before making demand that the governor of another state surrender an individual
charged criminally in this state with having failed to provide for the support of an obligee, the
governor of this state may require a prosecutor of this state to demonstrate that at least 60 days
previously the obligee had initiated proceedings for support pursuant to this chapter or that the
proceeding would be of no avail.
(2) If, under this chapter or a law substantially similar to this chapter, [the Uniform
Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of
Support Act,] the governor of another state makes a demand that the governor of this state
surrender an individual charged criminally in that state with having failed to provide for the
support of a child or other individual to whom a duty of support is owed, the governor may
require a prosecutor to investigate the demand and report whether a proceeding for support has
been initiated or would be effective. If it appears that a proceeding would be effective but has not
been initiated, the governor may delay honoring the demand for a reasonable time to permit the
initiation of a proceeding.

- 32 -

(3) If a proceeding for support has been initiated and the individual whose rendition is
demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and
the individual whose rendition is demanded is subject to a support order, the governor may
decline to honor the demand if the individual is complying with the support order.
Section 44. Section 78-45f-901 is amended to read:
78-45f-901. Uniformity of application and construction.
This chapter [shall be applied and construed to effectuate its general purpose to make
uniform] is a uniform act. In applying and construing it consideration must be given to the need
to promote uniformity of the law with respect to [the] its subject [of this chapter] matter among
states [enacting] that enact it.

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