reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-705 Direct request.

§576B-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, sections 576B-706 through 576B-713 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 child support enforcement agency.
(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. [L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-706 Registration of Convention support order.

§576B-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 in Article 6.
(b) Notwithstanding sections 576B-311 and 576B-602(a), a request for registration of a Convention support order shall 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 under section 576B-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. [L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-707 Contest of registered Convention support order.

§576B-707 Contest of registered Convention support order.
(a) Except as otherwise provided in this article, sections 576B-605 through 576B-608 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 shall 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 section 576B-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. [L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-708 Recognition and enforcement of registered Convention support order.

§576B-708 Recognition and enforcement of registered Convention support order.
(a) Except as otherwise provided in subsection (b), a tribunal of this State shall recognize and enforce a registered Convention support order.
(b) The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered Convention support order:
(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(2) The issuing tribunal lacked personal jurisdiction consistent with section 576B-201;
(3) The order is not enforceable in the issuing country;
(4) The order was obtained by fraud in connection with a matter of procedure;
(5) A record transmitted in accordance with section 576B-706 lacks authenticity or integrity;
(6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed;
(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this State;
(8) Payment, to the extent alleged arrears have been paid in whole or in part;
(9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(A) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(B) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(10) The order was made in violation of section 576B-711.
(c) If a tribunal of this State does not recognize a Convention support order under subsection (b)(2), (4), or (9):
(1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
(2) The support enforcement agency shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 576B-704. [L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-709 Partial enforcement.

§576B-709 Partial enforcement.
If a tribunal of this State does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order. [L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-710 Foreign support agreement.

§576B-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 shall 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 under 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 shall be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. [L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-711 Modification of Convention child support order.

§576B-711 Modification of Convention child support order.
(a) A tribunal of this State may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1) The obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(b) If a tribunal of this State does not modify a Convention child support order because the order is not recognized in this State, section 576B-708(c) applies. [L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-713 Record in original language; English translation

§576B-713 Record in original language; English translation
. A record filed with a tribunal of this State under this article shall be in the original language and, if not in English, shall be accompanied by an English translation. [L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-801 Grounds for rendition.

Note
Article heading reenacted by L 2015, c 77, pt of §1.
§576B-801
Grounds for rendition.
(a) For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
(b) The governor of this State may:
(1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this State with having failed to provide for the support of an obligee; or
(2) On the demand of the governor of another state, surrender an individual found in this State who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-802 Conditions of rendition.

§576B-802
Conditions of rendition.
(a) Before making a demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the governor of this State may require a prosecutor of this State to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
(b) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this State surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-901 Uniformity of application and construction.

Note
Article heading reenacted by L 2015, c 77, pt of §1.
§576B-901
Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-902 Transitional provision.

§576B-902 Transitional provision.
This chapter applies to proceedings begun on or after the effective date of this chapter to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Note
The effective date of: (1) Act 295, Session Laws of Hawaii 1997, is July 1, 1997; and (2) Act 77, Session Laws of Hawaii 2015, is July 1, 2015.
2023 Hawaii Revised Statutes › Title 31. Family › 576D. Child Support Enforcement › 576D-2 Designation of child support enforcement agency; duties.

§576D-2 Designation of child support enforcement agency; duties.
There is created the child support enforcement agency for the State as required under Title IV-D. The agency shall be within the department of the attorney general. The child support enforcement agency shall:
(1) Be responsible for formulating the state child support enforcement plan as required under Title IV-D; and
(2) Administer this chapter consistent with Title IV-D and applicable state laws. [L 1986, c 332, pt of §2; am L 1996, c 13, §16]
2023 Hawaii Revised Statutes › Title 31. Family › 576D. Child Support Enforcement › 576D-3 Obtaining or enforcing child support.

§576D-3
Obtaining or enforcing child support
. (a) The agency shall undertake any legal or administrative action to secure support for a child by enforcing an existing court order or obtaining a court order of support.
(b) To carry out its responsibilities imposed under this chapter, the agency, through the offices of the corporation counsel, the county attorneys, or the attorney general, may commence or appear in any proceeding before any court or administrative agency for the purpose of establishing paternity for children born out of wedlock or for the purpose of obtaining, enforcing, or modifying an order of support on behalf of any dependent or any other person for whom the agency has a duty to obtain or enforce an order for support under this chapter. The agency may commence or appear in any action on its own behalf, on behalf of any dependent child or custodial parent, or on behalf of any other person for whom the agency has a duty to obtain or enforce an order of support under this chapter. The agency shall obtain or enforce a child support order for the following children:
(1) A child on whose behalf public assistance payments have been or are being made;
(2) A child on whose behalf foster care payments have been or are being made under Title IV-E; or
(3) Any other child, if a parent, guardian, or person having custody applies to the agency for assistance in obtaining or enforcing a child support order with respect to the child, regardless of whether public assistance payments have been made on the child's behalf. [L 1986, c 332, pt of §2; am L 1988, c 200, §4; am L 1994, c 24, §1; am L 1996, c 178, §1; am L 2005, c 26, §1]
Case Notes
Child support enforcement agency was authorized, under §584-6(a), §576D-4, and this section, to bring action to establish paternity of a child, "born out of wedlock" for purposes of subsection (b), where mother, though married to husband at time child was born, alleged that appellant, and not husband, was child's natural father. 88 H. 159 (App.), 963 P.2d 1135 (1998).
2023 Hawaii Revised Statutes › Title 31. Family › 576D. Child Support Enforcement › 576D-4 Establishment of paternity.

§576D-4 Establishment of paternity.
When necessary to obtain child support for a child under section 576D-3, the agency shall take any legal or administrative action to establish the paternity of the child. The agency shall undertake the action on behalf of the State, child, custodial parent of the child, or any other person for whom the agency has a duty to obtain or enforce a child support order. [L 1986, c 332, pt of §2]
Case Notes
Child support enforcement agency was authorized, under §584-6(a), §576D-3, and this section, to bring action to establish paternity of a child, "born out of wedlock" for purposes of §576D-3(b), where mother, though married to husband at time child was born, alleged that appellant, and not husband, was child's natural father. 88 H. 159 (App.), 963 P.2d 1135 (1998).
2023 Hawaii Revised Statutes › Title 31. Family › 576D. Child Support Enforcement › 576D-5 Fee for obtaining or enforcing nonpublic assistance order.

§576D-5 Fee for obtaining or enforcing nonpublic assistance order.
(a) The agency shall require the payment of a reasonable fee on the application of a person under section 576D-3(b)(3) who is not receiving public assistance for support of the child for assistance in obtaining or enforcing a child support order. The payment and amount of the fee shall be in compliance with applicable federal regulations promulgated under Title IV-D.
(b) In the case of an individual who has never received public assistance for the support of a child under Title IV-A and for whom the State has collected not less than $550 of support, the agency shall impose an annual fee of $35 for each case in which Title IV-D services were furnished, which shall be retained in accordance with Title IV-D requirements; provided that the $35 shall not be retained from the first $550 so collected. Any fee collected shall be maintained by the agency and used as required under Title IV-D. [L 1986, c 332, pt of §2; am L 2007, c 167, §1; am L 2019, c 67, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 576D. Child Support Enforcement › 576D-8 Transmittal of money collected to department of human services.

§576D-8 Transmittal of money collected to department of human services.
The moneys collected by the agency on behalf of the department of human services shall be transmitted to the department of human services as required by Title IV-D of the Social Security Act. [L 1986, c 332, pt of §2; am L 1987, c 339, §4; am L 2002, c 72, §4]
2023 Hawaii Revised Statutes › Title 31. Family › 576D. Child Support Enforcement › 576D-9 Incentive payments to State and political subdivision.

§576D-9 Incentive payments to State and political subdivision.
If one or more political subdivisions of the State participate in the costs of carrying out the child support enforcement activities during any particular period, each such subdivision shall be entitled to receive an appropriate share of any federal incentive payments made to the State for such period. The exact amount of the share shall be determined by taking into account the efficiency and effectiveness of the activities carried out by the political subdivisions, and measured by a standard methodology which shall be developed by the agency, for passing through an appropriate share of its incentive payment to participating political subdivisions. [L 1986, c 332, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 576D. Child Support Enforcement › 576D-11 Staff.

§576D-11 Staff.
The attorney general shall appoint, without regard to chapter 76:
(1) An administrator;
(2) An assistant administrator who shall serve as controller and whose duties shall include but not be limited to designing and implementing controls over all financial management systems, including electronic data processing systems, and developing an appropriate staffing plan;
(3) An assistant administrator who shall serve as the policy administrator and whose duties shall include but not be limited to developing and implementing comprehensive policy and planning documents to guide operations to successful outcomes, including federal performance reporting and interstate activities; and
(4) A staff attorney to serve as the supervisor of the administrative process activities and staff.
In addition, the attorney general shall appoint, pursuant to chapter 76, other personnel as may be required to discharge the functions of the child support enforcement agency. The staff attorney shall not be considered to be a deputy attorney general under chapter 28. [L 1986, c 332, pt of §2; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 1992, c 246, §3; am L 1994, c 24, §3; am L 1995, c 137, §3; am L 1997, c 293, §30; am L 2002, c 253, §150; am L 2008, c 178, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 576D. Child Support Enforcement › 576D-16 Duty of employers to report new hires to the agency; civil penalties for failure to comply with reporting; national new hire directory.

§576D-16 Duty of employers to report new hires to the agency; civil penalties for failure to comply with reporting; national new hire directory.
(a) Beginning October 1, 1998, each employer in the State shall report to the agency within twenty days of hire, the name, address, social security number, and the date services for remuneration were first performed of each new hire along with the name, federal identification number, and address of the employer. Each report shall be made on a W-4 form or its equivalent, and may be transmitted by first class mail, magnetically, or electronically. If an employer is transmitting reports to the agency magnetically or electronically, the report shall be transmitted twice monthly not less than twelve days nor more than sixteen days apart. The agency shall maintain these reports as the state directory of new hires.
(b) Employers failing to report the information required in subsection (a) shall be subject to a civil penalty of $25 or, if the failure is the result of a conspiracy between the employer and the employee not to supply the required report or to supply a false or incomplete report, a $500 fine.
(c) Within three working days after the date information is reported to the agency's state directory of new hires, the agency shall furnish the information to the national directory of new hires. The agency shall furnish extracts of the reports required to the national directory of new hires on a quarterly basis concerning the wages and compensation paid to individuals, by such dates, in such format, and containing such information as the United States Secretary of Health and Human Services shall specify in regulations.
(d) For the purposes of this section, the term "new hire" means an employee who has not previously been employed by the employer or was previously employed by the employer but has been separated from the prior employment for at least sixty consecutive days. [L 1997, c 293, pt of §6; am L 2012, c 35, §1; am L 2013, c 69, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576D. Child Support Enforcement › 576D-17 Violations; penalties.

§576D-17 Violations; penalties.
(a) Unless otherwise provided, any person or entity in the State including for-profit, nonprofit, and labor organizations, and any agency, board, commission, authority, court, or committee of the State or its political subdivisions that knowingly, intentionally, or wilfully violates any section of this chapter or any request of the agency pursuant to this chapter shall be guilty of a petty misdemeanor.
(b) The agency may establish, through administrative rules, a system of fines for failure to promptly respond to the agency's request for information, which may be levied without the necessity of a court order. [L 1997, c 293, pt of §6; am L 2002, c 84, §4]
2023 Hawaii Revised Statutes › Title 31. Family › 576D. Child Support Enforcement › 576D-18 Investigators; access to information.

§576D-18 Investigators; access to information. (a) The attorney general shall commission child support enforcement investigators who shall have all powers and authority of a police officer or a deputy sheriff to fulfill their official responsibilities; provided that a person so appointed and commissioned shall not carry firearms.
(b) The duties of the commissioned investigators shall be to locate absent parents for the establishment of paternity, and for obtaining and enforcing orders of support.
(c) The agency and other state agencies
administering a program under Title IV-D shall have access, including automated inquiry access, to the records of all entities in the State for information on the employment, compensation, and benefits of any individual member, employee, or
contractor of the entity, to accomplish the purposes of the child support program. The entities include but are not limited to for-profit, nonprofit, and labor organizations, and any agency, board, commission, authority, court, or committee of
the State or its political subdivisions, notwithstanding any provision for confidentiality. Subject to safeguards on privacy and confidentiality and subject to the nonliability of entities that afford access under this section, the agency and other state agencies administering a program under Title IV-D shall also have access to records held by private entities with respect to individuals who owe or are owed support, or against or with respect to whom a support obligation is sought consisting of:
(1) The names and addresses of individuals and the names and addresses of the employers of those individuals as appearing in customer records of public utilities and cable television companies, pursuant to an administrative subpoena authorized pursuant to section 576E-2; and
(2) Information, including information on assets and liabilities, on the individuals held by financial institutions.
(d) Other state and federal agencies conducting activities under Title IV-D shall have access to any system used by the State to locate an individual for purposes relating to motor vehicles or law enforcement.
(e) Notwithstanding section 338-18, the agency, through the offices of county corporation counsels, county attorneys, or the attorney general, shall have access, including automated inquiry access, to the public health statistics records of the department of health and may make only such use of identifying information in those records as is necessary for purposes consistent with Title IV-D and applicable state laws. The United States Secretary of Health and Human Services or the Secretary's agent, notwithstanding section 338-18, shall also have access, including automated inquiry access, to the public health statistics records of the department of health solely for purposes of funding and oversight under Title IV-D. [L 1997, c 293, pt of §6; am L 1998, c 153, §7; am L 2002, c 84, §5; am L 2004, c 80, §2; am L 2011, c 79, §6]
2023 Hawaii Revised Statutes › Title 31. Family › 576E. Administrative Process for Child Support Enforcement › 576E-3 Jurisdiction.

§576E-3 Jurisdiction.
Notwithstanding any other law to the contrary, the attorney general, through the agency and the office, shall have concurrent jurisdiction with the court over:
(1) Any person found within the State of Hawaii against whom a child support obligation may be established, modified, suspended, terminated, or enforced; and
(2) Any person without the State who has maintained a domicile in this State while involved in a marital or family relationship out of which arises a claim for child support, including any person against whom a Hawaii court or agency has entered a support order. [L 1988, c 154, pt of §2; am L 1990, c 176, §10; am L 1994, c 105, §4]
2023 Hawaii Revised Statutes › Title 31. Family › 576E. Administrative Process for Child Support Enforcement › 576E-4 Service.

§576E-4 Service.
(a) In any proceeding to establish a child support order, in cases where the agency is not yet enforcing an order of support for the subject child, service of the notice provided in section 576E-5 shall be by personal service or certified mail, return receipt requested. In the case where the person to be served cannot be found, service shall be completed by leaving copies of the notice at the person €™s usual place of residence with some person of suitable age and discretion residing at that location. After initial service is effected, additional service upon a party shall be satisfied by regular mail to the party €™s last known address.
(b) Service of the notice of hearing pursuant to the request for hearing under section 576E-6 of a party shall be satisfied by regular mail to the party's address provided with the request for hearing, or if not provided, to the party's last known address.
(c) In any child support enforcement proceeding subsequent to an order already being enforced by the agency, upon a showing that diligent effort has been made to ascertain the location of a party, notice and service of process shall be presumed to be satisfied upon delivery of written notice to the most recent residential or employer address on file with the state case registry pursuant to section 571-52.6. [L 1988, c 154, pt of §2; am L 1990, c 176, §11; am L 1994, c 105, §5; am L 1997, c 293, §34; am L 2001, c 95, § §5, 6; am L 2002, c 84, §7]
2023 Hawaii Revised Statutes › Title 31. Family › 576E. Administrative Process for Child Support Enforcement › 576E-5 Commencement of administrative proceedings; notice.

§576E-5 Commencement of administrative proceedings; notice.
The agency shall serve a notice of administrative proceedings and notice of financial responsibility upon the parties prior to the issuance of an order under this chapter. Where applicable, notice shall contain the following:
(1) A copy or statement of the order proposed to be entered;
(2) A statement that the parties are entitled to an administrative hearing before an impartial hearings officer to contest the entry of the order together with an explanation of the procedure for requesting a hearing;
(3) A statement of rights at the hearing together with an explanation of defenses or objections which may be considered by the hearings officer;
(4) A statement of the legal authority under which the hearing is to be held;
(5) A statement that the property of the parties may be seized or that the income of the parties may be withheld for payment of support;
(6) A statement that information relating to the parties' nonpayment of support may be made available to credit-reporting agencies;
(7) A statement that child and spousal support shall be payable by an order for immediate income withholding which shall be entered concurrently with the administrative order pursuant to section 576E-16;
(8) A statement that parties have the right to request judicial review of a final order of a hearings officer pursuant to section 576E-13;
(9) A statement that an administrative determination of a support obligation creates a judgment by operation of law upon filing of the order at the family court and as such is entitled to full faith and credit in any other state or jurisdiction. [L 1988, c 154, pt of §2; am L 1990, c 176, §12; am L 1993, c 251, §4; am L 1994, c 105, §6]
2023 Hawaii Revised Statutes › Title 31. Family › 576E. Administrative Process for Child Support Enforcement › 576E-6 Request for hearing; how made.

§576E-6 Request for hearing; how made.
(a) Except as provided in subsection (b), any party who is aggrieved by the proposed order of the agency may, within ten days of service of a notice described in section 576E-5, obtain a hearing by sending a written request for hearing to the agency at the address from which the notice was sent.
(b) In the case of a proposed order to modify child support resulting from the agency's review of support orders, a party aggrieved by the proposed order may request a hearing within thirty days of service of a notice described in section 576E-5.
(c) The agency, on its own behalf, may request a hearing after the commencement of an administrative proceeding pursuant to section 576E-5.
(d) Notice of the hearing under this section shall be served in accordance with section 576E-4. [L 1988, c 154, pt of §2; am L 1990, c 176, §13; am L 1991, c 182, §2; am L 1994, c 105, §7; am L 2008, c 178, §3]
2023 Hawaii Revised Statutes › Title 31. Family › 576E. Administrative Process for Child Support Enforcement › 576E-7 Failure to request hearing; effect.

§576E-7 Failure to request hearing; effect.
If the parties fail to request a hearing pursuant to section 576E-6, the agency or a hearings officer shall sign the proposed order as the final order in the action. [L 1988, c 154, pt of §2; am L 1990, c 176, §14; am L 1994, c 105, §8; am L 2008, c 178, §4]
2023 Hawaii Revised Statutes › Title 31. Family › 576E. Administrative Process for Child Support Enforcement › 576E-8 Action by agency upon request for hearing.

§576E-8 Action by agency upon request for hearing.
Upon receipt of a hearing request, the agency may contact the parties and attempt to reach an agreed disposition. If no agreed disposition can be obtained, the matter shall be referred to a hearings officer for contested case proceedings. [L 1988, c 154, pt of §2; am L 1994, c 105, §9; am L 1995, c 191, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576E. Administrative Process for Child Support Enforcement › 576E-9 Hearings in contested cases.

§576E-9 Hearings in contested cases.
Hearings in contested cases shall be conducted in accordance with this chapter, and when otherwise applicable, chapter 91, and shall be presided over by a hearings officer appointed and commissioned by the attorney general pursuant to section 576E-10. The attorney general may adopt such administrative rules pursuant to chapter 91, as may be necessary to carry out this section. In any hearing conducted under this section, all parties shall have the right to confront and cross-examine witnesses, to present witnesses and evidence, to be represented by counsel or other person, and to be notified of these rights in writing. Hearings may be conducted by telephone or other electronic telecommunications methods at the discretion of the hearings officer. [L 1988, c 154, pt of §2; am L 1990, c 176, §15; am L 1992, c 246, §5; am L 1994, c 105, §10]
2023 Hawaii Revised Statutes › Title 31. Family › 576E. Administrative Process for Child Support Enforcement › 576E-11 Administrative orders; required findings.

§576E-11 Administrative orders; required findings.
Every order entered pursuant to this chapter shall specify, where applicable, the following:
(1) The amount of periodic support to be paid by a party with directions as to the manner of payment;
(2) The amount of child support arrearage, if any, that has accrued under an existing court or administrative order;
(3) The amount of child support owed for a period during which public assistance was provided to the child or children by the department of human services;
(4) The amount of the periodic payment to be made in liquidation of child support arrearage, if any;
(5) A statement that a party's taxes shall be set off against the amount of child support arrearage, if any;
(6) The extent of the party's responsibility to provide medical insurance coverage for the dependent child involved in the case, or otherwise to pay the reasonable and necessary medical expenses of the dependent child, and a statement that the party is required to keep the agency informed of whether the party has access to medical insurance coverage at a reasonable cost and, if so, the medical insurance policy information;
(7) The name and birth date of the dependent child;
(8) A statement that the property of the party is subject to collection action, including withholding of income, unemployment compensation, workers' compensation, and retirement benefits, seizure of property, disclosure of information relating to the party's debts to consumer credit reporting agencies, and federal and state tax refund setoff;
(9) A statement that violations of the administrative order are punishable as contempt of court;
(10) A statement notifying the parties of the right to judicial review of administrative orders, and the procedure for obtaining such review;
(11) Identifying information for each party, including social security number, residential and mailing addresses, telephone number, driver's license number if different from the social security number, and name, address, and telephone number of the party's employer, unless there is a finding that such disclosure of information would unreasonably put at risk the health, safety, or liberty of a party or child; and
(12) A statement that both the obligor party and the obligee party are required to file with the state case registry, through the agency, upon entry of the support order and to update as appropriate, information on the identity and location of the party, including social security number, residential and mailing addresses, telephone number, driver's license number if different from social security number, and name, address, and telephone number of the party's employer. [L 1988, c 154, pt of §2; am L 1990, c 176, §17; am L 1994, c 105, §12; am L 1997, c 293, §36; am L 2002, c 72, §10; am L 2005, c 26, §4]
2023 Hawaii Revised Statutes › Title 31. Family › 576E. Administrative Process for Child Support Enforcement › 576E-12 Administrative orders; force and effect.

§576E-12 Administrative orders; force and effect.
(a) A true copy of the administrative order, along with a true copy of the return of service, shall be filed in the office of the clerk of the circuit court in the circuit where the order was issued, or in the office of the clerk of the circuit court in the circuit where a previously established support order was filed. For service effectuated by certified mail, an electronic copy or facsimile of the signature of the served individual on certified mailers provided by the United States Postal Service shall constitute valid proof of service on the individual. Upon filing, the order shall have all the force and effect of a final order or decree of the circuit court.
(b) Orders for reimbursement of public assistance shall be considered child support arrearages for purposes of nondischargeability in bankruptcy.
(c) The administrative order shall remain in effect until superseded by a subsequent court or administrative order.
(d) A copy of the order shall be served by regular mail upon all parties. [L 1988, c 154, pt of §2; am L 1989, c 61, §4; am L 1990, c 176, §18; am L 1994, c 105, §13; am L 1995, c 191, §2; am L 2009, c 115, §5]
2023 Hawaii Revised Statutes › Title 31. Family › 576E. Administrative Process for Child Support Enforcement › 576E-13 Appeal to the family court.

§576E-13 Appeal to the family court.
(a) Any party, including the agency, who is aggrieved by a final decision and order in a contested case or by a preliminary ruling of the nature that deferral of review pending entry of a subsequent final decision would deprive appellant of adequate relief is entitled to judicial review under chapter 91.
(b) Proceedings for review shall be instituted in the family court of the circuit where the final decision and order was filed within thirty days after the preliminary ruling or within thirty days after service of the certified copy of the final decision and order of the hearings officer or agency. The filing of a notice of appeal shall not stay enforcement of the administrative order.
(c) The senior family court judge or senior judge may assign the hearing and disposition of such appeals to any district judge of the family court who shall exercise all of the powers conferred upon a circuit court by section 91-14. [L 1988, c 154, pt of §2; am L 1989, c 61, §5; am L 1990, c 176, §19; am L 2001, c 95, §7]
Rules of Court
Appeal to family court, see HFCR rule 72.
2023 Hawaii Revised Statutes › Title 31. Family › 576E. Administrative Process for Child Support Enforcement › 576E-15 Guidelines to be followed.

§576E-15 Guidelines to be followed.
When an administrative order establishes or modifies the amount of child support required to be paid by a party, the guidelines established under section 576D-7 shall be applied, except when exceptional circumstances warrant departure. The most current guidelines shall be used to calculate the amount of the child support obligation. [L 1988, c 154, pt of §2; am L 1990, c 176, §21; am L 1991, c 216, §3; am L 1994, c 105, §14]
Case Notes
Father €™s due process rights not violated by child support enforcement agency when it did not notify father prior to administrative hearing that the issue was to increase father €™s child support obligation where, given that father was aware that the purpose of the hearing was the modification of father €™s child support obligation and that, absent exceptional circumstances, the hearings officer would be bound by the amount calculated by the child support guidelines worksheet, this information was sufficient notice to father that child support amount may be reduced or increased. 108 H. 202, 118 P.3d 1145 (2005).
Whether net income earned by an adult-student-son or daughter is "exceptional circumstance", discussed. 86 H. 368 (App.), 949 P.2d 208 (1997).
Where family court clearly erred in its calculation of both parents' monthly gross incomes, the resulting child support award was clearly erroneous. 134 H. 431 (App.), 341 P.3d 1231 (2014).
2023 Hawaii Revised Statutes › Title 31. Family › 576E. Administrative Process for Child Support Enforcement › 576E-18 Contempt; procedure for punishment.

§576E-18
Contempt; procedure for punishment.
In any hearing in a contested case before a hearings officer, any adult who wilfully violates, neglects, or refuses to obey or perform any lawful order of the hearings officer, may be proceeded against in the family court for contempt of court according to law. [L 1990, c 176, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576E. Administrative Process for Child Support Enforcement › 576E-19 Wilful violations; penalties.

§576E-19
Wilful violations; penalties.
Unless otherwise provided herein, any person who knowingly, intentionally or wilfully violates any section of this chapter shall be guilty of a petty misdemeanor. [L 1990, c 176, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576E. Administrative Process for Child Support Enforcement › 576E-20 Uniform statewide procedures.

§576E-20
Uniform statewide procedures.
The agency shall adopt uniform statewide procedures in compliance with applicable federal law, including part 305 of Title 45, Code of Federal Regulations. [L 1990, c 176, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-1 Age of majority.

§577-1 Age of majority.
All persons residing in the State, who have attained the age of eighteen years, shall be regarded as of legal age and their period of minority to have ceased. [CC 1859, §1487; am L 1919, c 116, §1; RL 1925, §3032; RL 1935, §4510; RL 1945, §12261; RL 1955, §330-1; HRS §577-1; am L 1972, c 2, §1; am L 1975, c 77, §1(1)]
Case Notes
Under common law consensual incapacity of minor was absolute, except as to contracts for necessities. 256 F.2d 208 (1958).
Disaffirmance of contract of minor must be made within reasonable time after reaching majority. 1 H. 421, 422 (1856); 19 H. 474 (1909).
Legal age at which person becomes bound by contract, law of place where contract made governs. 2 H. 168 (1859).
Disaffirmance of acts or proceedings done or taken on behalf of minor must be made within reasonable time after coming to majority. 6 H. 485 (1884); 7 H. 421 (1888); 8 H. 93 (1890); 14 H. 460 (1902).
Where statute makes no exception in favor of infants, courts can make none. 7 H. 421 (1888).
Engagement to marry contracted during minority held ratified when at majority youth wrote fiancee engagement is terminated. 8 H. 544 (1893).
Disability of female infant to bring suit not removed by marriage. 20 H. 596 (1911).
Mother may recover illegitimate child by habeas corpus. 27 H. 158 (1923); 31 H. 328 (1930).
Cited: 127 F. 920 (1904); 47 H. 605, 393 P.2d 645 (1964).
2023 Hawaii Revised Statutes › Title 31. Family › 577. Children › 577-2 Minority of veteran or of the veteran's spouse, no bar when.

§577-2 Minority of veteran or of the veteran's spouse, no bar when.
The disability of minority of any person who is otherwise eligible for guaranty or insurance of a loan pursuant to the Servicemen's Readjustment Act of 1944 (P.L. 346, 78th Cong.), as amended, or as the same may be amended or supplemented, and of the minor spouse of any eligible veteran in connection with any transaction entered into pursuant to such act, is hereby removed, for all purposes in connection with such transaction including, but not limited to, incurring of indebtedness or obligations and acquiring, encumbering, selling, releasing, or conveying property, or any interest therein, and litigating or settling controversies arising therefrom, if all or part of any obligations incident to such transaction is guaranteed or insured by the Administrator of Veterans Affairs pursuant to such act; provided that this section shall not be construed to impose any other or greater rights or liabilities than would exist if such person and such spouse were under no such disability. [L 1947, c 9, §1; RL 1955, §330-2; HRS §577-2; gen ch 1985]