As Amended
SEC. 93-25-39. Duties of support enforcement agency.
(1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.
(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 or another state 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 two (2) days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written notice from initiating, responding or registering tribunal, send a copy of the notice to the petitioner;
(e) Within two (2) 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; and
(f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(3) A support enforcement agency of this state that is requesting registration of a child support order for enforcement or for modification in this state shall make reasonable efforts:
(a) To ensure that the order to be registered is the controlling order; or
(b) To ensure that, if two (2) or more child support orders exist and the identity of the controlling order has not been determined, a request for such a determination is made in a tribunal with jurisdiction to do so.
(4) A support enforcement agency of this state that is requesting 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 applicable official exchange rates as publicly reported.
(5) A support enforcement agency of this state shall 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 Section 93-25-63.
(6) 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.
SOURCES: 1997 Laws, Chapter 588, Sec. 90, SB2164; Laws, 2004, ch. 406, § 15, SB 2851, eff from and after July 1, 2004.
PREVIOUS VERSIONS: Pre-2004