25-9C-602. Procedure to register order for enforcement.
(a) Except as otherwise provided in §25-9C-706, a support order or income withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state:
(1)A letter of transmittal to the tribunal requesting registration and enforcement;
(2)Two copies, including one certified copy, of the order to be registered, including any modification of the order;
(3)A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(4)The name of the obligor and, if known:
(a)The obligor's address and social security number;
(b)The name and address of the obligor's employer and any other source of income of the obligor; and
(c)A description and the location of property of the obligor in this state not exempt from execution; and
(5)Except as otherwise provided in §25-9C-312, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.
(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
(d) If two or more orders are in effect, the person requesting registration shall:
(1)Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
(2)Specify the order alleged to be the controlling order, if any; and
(3)Specify the amount of consolidated arrears, if any.
(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
Source: SL 2015, ch 148, §602.
Structure South Dakota Codified Laws
Chapter 09C - Uniform Interstate Family Support Act (2008)
Section 25-9C-101 - Short title.
Section 25-9C-102 - Definitions.
Section 25-9C-103 - State tribunals and support enforcement agency.
Section 25-9C-104 - Remedies cumulative.
Section 25-9C-105 - Application to resident of foreign country and foreign support proceeding.
Section 25-9C-201 - Bases for jurisdiction over nonresident.
Section 25-9C-202 - Duration of personal jurisdiction.
Section 25-9C-203 - Initiating and responding tribunal of state.
Section 25-9C-204 - Simultaneous proceedings.
Section 25-9C-205 - Continuing, exclusive jurisdiction to modify child support order.
Section 25-9C-206 - Continuing jurisdiction to enforce child support order.
Section 25-9C-207 - Determination of controlling child support order.
Section 25-9C-208 - Child support order for two or more obligees.
Section 25-9C-209 - Credit for payments.
Section 25-9C-210 - Application to nonresident subject to personal jurisdiction.
Section 25-9C-211 - Continuing, exclusive jurisdiction to modify spousal support order.
Section 25-9C-301 - Proceedings under this chapter.
Section 25-9C-302 - Proceeding by minor parent.
Section 25-9C-303 - Application of law of state.
Section 25-9C-304 - Duties of initiating tribunal.
Section 25-9C-305 - Duties and powers of responding tribunal.
Section 25-9C-306 - Inappropriate tribunal.
Section 25-9C-307 - Duties of support enforcement agency.
Section 25-9C-308 - Duty of attorney general.
Section 25-9C-309 - Private counsel.
Section 25-9C-310 - Duties of state information agency.
Section 25-9C-311 - Pleading and accompanying documents.
Section 25-9C-312 - Nondisclosure of information in exceptional circumstances.
Section 25-9C-313 - Costs and fees.
Section 25-9C-314 - Limited immunity of petitioner.
Section 25-9C-315 - Nonparentage as defense.
Section 25-9C-316 - Special rules of evidence and procedure.
Section 25-9C-317 - Communications between tribunals.
Section 25-9C-318 - Assistance with discovery.
Section 25-9C-319 - Receipt and disbursement of payments.
Section 25-9C-401 - Establishment of support order.
Section 25-9C-402 - Proceeding to determine parentage.
Section 25-9C-501 - Employer's receipt of income withholding order of another state.
Section 25-9C-502 - Employer's compliance with income withholding order of another state.
Section 25-9C-503 - Employer's compliance with two or more income withholding orders.
Section 25-9C-504 - Immunity from civil liability.
Section 25-9C-505 - Penalties for noncompliance.
Section 25-9C-506 - Contest by obligor.
Section 25-9C-507 - Administrative enforcement of orders.
Section 25-9C-601 - Registration of order for enforcement.
Section 25-9C-602 - Procedure to register order for enforcement.
Section 25-9C-603 - Effect of registration for enforcement.
Section 25-9C-604 - Choice of law.
Section 25-9C-605 - Notice of registration of order.
Section 25-9C-606 - Procedure to contest validity or enforcement of registered support order.
Section 25-9C-607 - Contest of registration or enforcement.
Section 25-9C-608 - Confirmed order.
Section 25-9C-609 - Procedure to register child support order of another state for modification.
Section 25-9C-610 - Effect of registration for modification.
Section 25-9C-611 - Modification of child support order of another state.
Section 25-9C-612 - Recognition of order modified in another state.
Section 25-9C-614 - Notice to issuing tribunal of modification.
Section 25-9C-615 - Jurisdiction to modify child support order of foreign country.
Section 25-9C-616 - Procedure to register child support order of foreign country for modification.
Section 25-9C-701 - Definitions.
Section 25-9C-702 - Applicability.
Section 25-9C-703 - Relationship of department to United States central authority.
Section 25-9C-704 - Initiation by department of support proceeding under Convention.
Section 25-9C-705 - Direct request.
Section 25-9C-706 - Registration of Convention support order.
Section 25-9C-707 - Contest of registered Convention support order.
Section 25-9C-708 - Recognition and enforcement of registered Convention support order.
Section 25-9C-709 - Partial enforcement.
Section 25-9C-710 - Foreign support agreement.
Section 25-9C-711 - Modification of Convention child support order.
Section 25-9C-712 - Personal information--Limit on use.
Section 25-9C-713 - Record in original language--English translation.
Section 25-9C-801 - Grounds for rendition.
Section 25-9C-802 - Conditions for rendition.
Section 25-9C-901 - Uniformity of application and construction.