Current through the 2023 Regular Session
Section 40-5-1005 - Application of part to resident of foreign country and foreign support proceeding(1) A tribunal of this state shall apply 40-5-1001 through 40-5-1005, 40-5-1008 through 40-5-1018, 40-5-1021 through 40-5-1039, 40-5-1042, 40-5-1043, 40-5-1046 through 40-5-1052, and 40-5-1055 through 40-5-1070 and, as applicable, 40-5-1073 through 40-5-1085 to a support proceeding involving: (a) a foreign support order;(b) a foreign tribunal; or(c) an obligee, obligor, or child residing in a foreign country.(2) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of 40-5-1001 through 40-5-1005, 40-5-1008 through 40-5-1018, 40-5-1021 through 40-5-1039, 40-5-1042, 40-5-1043, 40-5-1046 through 40-5-1052, and 40-5-1055 through 40-5-1070.(3) Sections 40-5-1073 through 40-5-1085 apply only to a support proceeding under the convention. In such a proceeding, if a provision of 40-5-1073 through 40-5-1085 is inconsistent with 40-5-1001 through 40-5-1005, 40-5-1008 through 40-5-1018, 40-5-1021 through 40-5-1039, 40-5-1042, 40-5-1043, 40-5-1046 through 40-5-1052, and 40-5-1055 through 40-5-1070, 40-5-1073 through 40-5-1085 control.Amended by Laws 2019, Ch. 131,Sec. 8, eff. 10/1/2019.Added by Laws 2015, Ch. 174,Sec. 1, eff. 7/1/2015.