93-25-39 - Duties of support enforcement agency.

§ 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: Laws,  1997, ch. 588, § 90; Laws, 2004, ch. 406, § 15, eff from and after July 1, 2004.