reglab/housing_qa huggingface dataset:
SD Codified L § 25-9C-606 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-606 - Procedure to contest validity or enforcement of registered support order.

25-9C-606. Procedure to contest validity or enforcement of registered support order.(a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required pursuant to §25-9C-605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to §25-9C-607.(b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. Source: SL 2015, ch 148, §606.
SD Codified L § 25-9C-607 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-607 - Contest of registration or enforcement.

25-9C-607. Contest of registration or enforcement.(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:(1)The issuing tribunal lacked personal jurisdiction over the contesting party;(2)The order was obtained by fraud;(3)The order has been vacated, suspended, or modified by a later order;(4)The issuing tribunal has stayed the order pending appeal;(5)There is a defense under the law of this state to the remedy sought;(6)Full or partial payment has been made;(7)The statute of limitation pursuant to §25-9C-604 precludes enforcement of some or all of the alleged arrearages; or(8)The alleged controlling order is not the controlling order.(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order. Source: SL 2015, ch 148, §607.
SD Codified L § 25-9C-608 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-608 - Confirmed order.

25-9C-608. Confirmed order.Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. Source: SL 2015, ch 148, §608.
SD Codified L § 25-9C-609 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-609 - Procedure to register child support order of another state for modification.

25-9C-609. Procedure to register child support order of another state for modification.A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in §§25-9C-601 to 25-9C-608, inclusive, if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. Source: SL 2015, ch 148, §609.
SD Codified L § 25-9C-610 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-610 - Effect of registration for modification.

25-9C-610. Effect of registration for modification.A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of §25-9C-611 or 25-9C-613 have been met. Source: SL 2015, ch 148, §610.
SD Codified L § 25-9C-611 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-611 - Modification of child support order of another state.

25-9C-611. Modification of child support order of another state.(a) If the provisions of §25-9C-613 do not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:(1)The following requirements are met:(a)Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;(b)A petitioner who is a nonresident of this state seeks modification; and(c)The respondent is subject to the personal jurisdiction of the tribunal of this state; or(2)This state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.(c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized pursuant to §25-9C-207 establishes the aspects of the support order which are nonmodifiable.(d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.(e) On the issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.(f) Notwithstanding subsections (a) through (e) and subsection 25-9C-201(b), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:(1)One party resides in another state; and(2)The other party resides outside the United States. Source: SL 2015, ch 148, §611.
SD Codified L § 25-9C-612 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-612 - Recognition of order modified in another state.

25-9C-612. Recognition of order modified in another state.If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:(1)May enforce its order that was modified only as to arrears and interest accruing before the modification;(2)May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and(3)Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement. Source: SL 2015, ch 148, §612.
SD Codified L § 25-9C-613 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-613 - Jurisdiction to modify child support order of another state when individual parties reside in this state.

25-9C-613. Jurisdiction to modify child support order of another state when individual parties reside in this state.(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.(b) A tribunal of this state exercising jurisdiction pursuant to this section shall apply the provisions of Articles 1 and 2, this article, and the procedural and substantive law of this state to the proceeding for enforcement or modification. The provisions of Articles 3, 4, 5, 7, and 8 do not apply. Source: SL 2015, ch 148, §613.
SD Codified L § 25-9C-614 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-614 - Notice to issuing tribunal of modification.

25-9C-614. Notice to issuing tribunal of modification.Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. Source: SL 2015, ch 148, §614.
SD Codified L § 25-9C-615 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-615 - Jurisdiction to modify child support order of foreign country.

25-9C-615. Jurisdiction to modify child support order of foreign country.(a) Except as otherwise provided in §25-9C-711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to §25-9C-611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.(b) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order. Source: SL 2015, ch 148, §615.
SD Codified L § 25-9C-616 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-616 - Procedure to register child support order of foreign country for modification.

25-9C-616. Procedure to register child support order of foreign country for modification.A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state pursuant to §§25-9C-601 to 25-9C-608, inclusive, if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification. Source: SL 2015, ch 148, §616.
SD Codified L § 25-9C-701 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-701 - Definitions.

25-9C-701. Definitions.Terms used in this Article mean:(1)"Application," a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority;(2)"Central authority," the entity designated by the United States or a foreign country described in subsection 25-9C-102(5)(d) to perform the functions specified in the Convention;(3)"Convention support order," a support order of a tribunal of a foreign country described in subsection 25-9C-102(5)(d);(4)"Direct request," a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States;(5)"Foreign central authority," the entity designated by a foreign country described in subsection 25-9C-102(5)(d) to perform the functions specified in the Convention;(6)"Foreign support agreement,":(a)An agreement for support in a record that:(i)Is enforceable as a support order in the country of origin;(ii)Has been:(I)Formally drawn up or registered as an authentic instrument by a foreign tribunal; or(II)Authenticated by, or concluded, registered, or filed with a foreign tribunal; and(iii)May be reviewed and modified by a foreign tribunal; and(b)Includes a maintenance arrangement or authentic instrument under the Convention;(7)"United States central authority," the Secretary of the United States Department of Health and Human Services. Source: SL 2015, ch 148, §701.
SD Codified L § 25-9C-702 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-702 - Applicability.

25-9C-702. Applicability.The provisions of this Article apply only to a support proceeding under the Convention. In such a proceeding, if a provision of this Article is inconsistent with Articles 1 to 6, inclusive, this Article controls. Source: SL 2015, ch 148, §702.
SD Codified L § 25-9C-703 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-703 - Relationship of department to United States central authority.

25-9C-703. Relationship of department to United States central authority.The Department of Social Services of this state is recognized as the agency designated by the United States central authority to perform specific functions under the Convention. Source: SL 2015, ch 148, §703.
SD Codified L § 25-9C-704 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-704 - Initiation by department of support proceeding under Convention.

25-9C-704. Initiation by department of support proceeding under Convention.(a) In a support proceeding pursuant to this Article, the Department of Social Services of this state shall:(1)Transmit and receive applications; and(2)Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.(b) The following support proceedings are available to an obligee under the Convention:(1)Recognition or recognition and enforcement of a foreign support order;(2)Enforcement of a support order issued or recognized in this state;(3)Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;(4)Establishment of a support order if recognition of a foreign support order is refused pursuant to subsection 25-9C-708(b)(2), (4), or (9);(5)Modification of a support order of a tribunal of this state; and(6)Modification of a support order of a tribunal of another state or a foreign country.(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:(1)Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;(2)Modification of a support order of a tribunal of this state; and(3)Modification of a support order of a tribunal of another state or a foreign country.(d) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention. Source: SL 2015, ch 148, §704.
SD Codified L § 25-9C-705 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-705 - Direct request.

25-9C-705. Direct request.(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, §§25-9C-706 to 25-9C-713, inclusive, apply.(c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:(1)A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and(2)An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.(d) A petitioner filing a direct request is not entitled to assistance from the Department of Social Services.(e) This Article does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement. Source: SL 2015, ch 148, §705.
SD Codified L § 25-9C-706 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-706 - Registration of Convention support order.

25-9C-706. Registration of Convention support order.(a) Except as otherwise provided in this Article, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided pursuant to Article 6.(b) Notwithstanding §25-9C-311 and subsection 25-9C-602(a), a request for registration of a Convention support order must be accompanied by:(1)A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;(2)A record stating that the support order is enforceable in the issuing country;(3)If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;(4)A record showing the amount of arrears, if any, and the date the amount was calculated;(5)A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and(6)If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.(d) A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest pursuant to §25-9C-707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order. Source: SL 2015, ch 148, §706.
SD Codified L § 25-9C-707 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-707 - Contest of registered Convention support order.

25-9C-707. Contest of registered Convention support order.(a) Except as otherwise provided in this Article, §§25-9C-605 to 25-9C-608, inclusive, apply to a contest of a registered Convention support order.(b) A party contesting a registered Convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty days after notice of the registration.(c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b), the order is enforceable.(d) A contest of a registered Convention support order may be based only on grounds set forth in §25-9C-708. The contesting party bears the burden of proof.(e) In a contest of a registered Convention support order, a tribunal of this state:(1)Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and(2)May not review the merits of the order.(f) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances. Source: SL 2015, ch 148, §707.