40-5-1076. Initiation by department of public health and human services of support proceeding under convention. (1) In a support proceeding under 40-5-1073 through 40-5-1085, the department of public health and human services of this state shall:
     (a) transmit and receive applications; and
     (b) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
     (2) The following support proceedings are available to an obligee under the convention:
     (a) recognition or recognition and enforcement of a foreign support order;
     (b) enforcement of a support order issued or recognized in this state;
     (c) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
     (d) establishment of a support order if recognition of a foreign support order is refused under 40-5-1080(2)(b), (2)(d), or (2)(i);
     (e) modification of a support order of a tribunal of this state; and
     (f) modification of a support order of a tribunal of another state or foreign country.
     (3) The following support proceedings are available under the convention to an obligor against which 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;
     (b) modification of a support order of a tribunal of this state; and
     (c) modification of a support order of a tribunal of another state or a foreign country.
     (4) 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.

     History: En. Sec. 9, Ch. 174, L. 2015.