25-9C-710. Foreign support agreement.
(a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1)A complete text of the foreign support agreement; and
(2)A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(1)Recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2)The agreement was obtained by fraud or falsification;
(3)The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement pursuant to this chapter in this state; or
(4)The record submitted under subsection (b) lacks authenticity or integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
Source: SL 2015, ch 148, ยง710.
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.