Current through 2024 Legislative Session Act Chapter 494
Section 6-307 - Duties of support enforcement agency(a) In a proceeding under this chapter, a support enforcement agency of this State, upon request: (1) Shall provide services to a petitioner residing in a state;(2) Shall provide services to a petitioner requesting services through a central authority of a foreign country as described in § 6-102(5)a. or d. of this title; and(3) May provide services to a petitioner who is an individual not residing in a state.(b) A support enforcement agency of this State that is providing services to the petitioner shall:(1) Take all steps necessary to enable an appropriate tribunal of this State, another state, or a foreign country to obtain jurisdiction over the respondent;(2) Request an appropriate tribunal to set a date, time, and place for a hearing;(3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;(4) Within 5 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;(5) Within 5 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(6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.(c) 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:(1) To ensure that the order to be registered is the controlling order; or(2) 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.(d) 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.(e) 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 redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to § 6-319 of this title .(f) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.Amended by Laws 2015, ch. 60,s 3, eff. 6/30/2015.69 Del. Laws, c. 238, §1; 71 Del. Laws, c. 216, §§ 136, 137; 75 Del. Laws, c. 64, § 1.;