Current through the 2024 Legislative Session
Section 88.3071 - Duties of support enforcement agency(1) In a proceeding under this act, a support enforcement agency of this state, upon request: (a) Shall provide services to a petitioner residing in a state;(b) Shall provide services to a petitioner requesting services through a central authority of a foreign country as described in s. 88.1011(5)(a) or (d); and(c) May provide services to a petitioner who is an individual not residing in a state.(2) A support enforcement agency that is providing services to the petitioner as appropriate shall: (a) Take all steps necessary to enable an appropriate tribunal in this state, another state, or a foreign country 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 10 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner.(e) Within 10 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication to the petitioner.(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 redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to s. 88.3191.(6) This act 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.s.3, ch. 96-189; s.23, ch. 97-170; s.22, ch. 2011-92.