North Carolina General Statutes 52C-7-704. Initiation by Department of support proceeding under Convention
(a) In a support proceeding under this Article, the Department shall do the following:
(1) Transmit and receive applications.
(2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State.
(b) The following support proceedings are available to an obligee under the Convention:
(1) Recognition or recognition and enforcement of a foreign support order.
(2) Enforcement of a support order issued or recognized in this State.
(3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child.
(4) Establishment of a support order if recognition of a foreign support order is refused under N.C. Gen. Stat. § 52C-7-708(b)(2), (4), or (9).
(5) Modification of a support order of a tribunal of this State.
(6) Modification of a support order of a tribunal of another state or foreign country.
(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
(1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State.
(2) Modification of a support order of a tribunal of this State.
(3) Modification of a support order of a tribunal of another state or a foreign country.
(d) 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. ?(2015-117, s. 1.)
Terms Used In North Carolina General Statutes 52C-7-704
- Application: means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See North Carolina General Statutes 52C-7-701
- 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 beneficiary of a support order directed to the parent. See North Carolina General Statutes 52C-1-101
- Convention: means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. See North Carolina General Statutes 52C-1-101
- Department: means the North Carolina Department of Health and Human Services, Division of Social Services. See North Carolina General Statutes 52C-1-101
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Foreign country: means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
- Foreign support order: means a support order of a foreign tribunal. See North Carolina General Statutes 52C-1-101
- Obligee: means :
- Obligor: means an individual who, or the estate of a decedent that:
- 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 under the jurisdiction of the United States. See North Carolina General Statutes 52C-1-101
- Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or a foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See North Carolina General Statutes 52C-1-101
- Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See North Carolina General Statutes 52C-1-101