reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 31. Family › 572B. Civil Unions › 572B-9.5 Religious organizations; exemption under certain circumstances. (a) Notwithstanding any other law to the contrary, a religious organization or nonprofit organization operated, supervised, or controlled by a religious organization shall not be required to provide goods, services, or its facilities or grounds for the solemnization or celebration of a civil union that is in violation of its religious beliefs or faith. (b) A religious organization or nonprofit organization operated, supervised, or controlled by a religious organization that, pursuant to this section, fails or refuses to provide goods, services, or its facilities or grounds for the solemnization or celebration of a civil union shall be immune from any fine, penalty, injunction, administrative proceeding, or any other legal or administrative liability for the failure or refusal. [L 2012, c 267, pt of §3; am L Sp 2013 2d, c 1, §8] Cross References Marriage, exemption for religious organizations, see §572-12.2. Case Notes Complaint challenging the constitutionality of the civil unions law was moot because Act 267, L 2012, amended the civil unions law retroactively to add an immunity provision [this section], which provided immunity for religious organizations that refused to make their facilities available for solemnizing civil unions. Granting leave to amend complaint would be futile because the action would remain nonjusticiable; plaintiffs did not demonstrate that they had standing or that the action was ripe. 903 F. Supp. 2d 1024 (2012).

§572B-9.5
Religious organizations; exemption under certain circumstances.
(a) Notwithstanding any other law to the contrary, a religious organization or nonprofit organization operated, supervised, or controlled by a religious organization shall not be required to provide goods, services, or its facilities or grounds for the solemnization or celebration of a civil union that is in violation of its religious beliefs or faith.
(b) A religious organization or nonprofit organization operated, supervised, or controlled by a religious organization that, pursuant to this section, fails or refuses to provide goods, services, or its facilities or grounds for the solemnization or celebration of a civil union shall be immune from any fine, penalty, injunction, administrative proceeding, or any other legal or administrative liability for the failure or refusal. [L 2012, c 267, pt of §3; am L Sp 2013 2d, c 1, §8]
Cross References
Marriage, exemption for religious organizations, see §572-12.2.
Case Notes
Complaint challenging the constitutionality of the civil unions law was moot because Act 267, L 2012, amended the civil unions law retroactively to add an immunity provision [this section], which provided immunity for religious organizations that refused to make their facilities available for solemnizing civil unions. Granting leave to amend complaint would be futile because the action would remain nonjusticiable; plaintiffs did not demonstrate that they had standing or that the action was ripe. 903 F. Supp. 2d 1024 (2012).
2023 Hawaii Revised Statutes › Title 31. Family › 572B. Civil Unions › 572B-10 Unions performed in other jurisdictions.

§572B-10 Unions performed in other jurisdictions.
A legal union of two persons that is not a marriage under chapter 572, which was validly formed in another jurisdiction, and which is substantially equivalent to a civil union under this chapter, shall be recognized as a valid civil union in this State and shall be treated the same as a civil union entered into in this State regardless of whether it bears the name civil union; provided that the relationship meets the eligibility requirements of this chapter, has been entered into in accordance with the laws of that jurisdiction, and can be documented. [L 2011, c 1, pt of §2; am L 2012, c 267, §10]
2023 Hawaii Revised Statutes › Title 31. Family › 572B. Civil Unions › 572B-11 References and inclusions.

§572B-11 References and inclusions.
A party to a civil union shall be included in any definition or use of the terms "spouse", "family", "immediate family", "dependent", "next of kin", and other terms that denote the spousal relationship, as those terms are used throughout the laws of the State. [L 2011, c 1, pt of §2]
Attorney General Opinions
Civil union partners have all the same rights, benefits, protections, and responsibilities under the law as married couples who are of the opposite gender; civil union partners have the same tax filing status options as married couples who are of the opposite gender for Hawaii income tax purposes for taxable years beginning after December 31, 2011. Att. Gen. Op. 11-2.
Definitions of "marriage" and "spouse" under the federal Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419, may preclude civil union partners of the same gender under the State's Civil Union Act from filing jointly for federal income tax purposes, but they do not preclude civil union partners from filing joint tax returns for Hawaii income tax purposes. Att. Gen. Op. 11-2.
2023 Hawaii Revised Statutes › Title 31. Family › 572C. Reciprocal Beneficiaries › 572C-1 Purpose.

§572C-1 Purpose.
The purpose of this chapter is to extend certain rights and benefits which are presently available only to married couples to couples composed of two individuals who are legally prohibited from marrying under state law.
[L 1997, c 383, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 572C. Reciprocal Beneficiaries › 572C-2 Findings.

§572C-2 Findings.
The legislature acknowledges that there are many individuals who have significant personal, emotional, and economic relationships with another individual yet are prohibited by legal restrictions from marrying. For example, two individuals who are related to one another, such as a widowed mother and her unmarried son. Therefore, the legislature believes that certain rights and benefits presently available only to married couples should be made available to couples comprised of two individuals who are legally prohibited from marrying one another. [L 1997, c 383, pt of §1; am L Sp 2013 2d, c 1, §9]
2023 Hawaii Revised Statutes › Title 31. Family › 572C. Reciprocal Beneficiaries › 572C-3 Definitions.

§572C-3 Definitions.
For the purposes of this chapter:
"Declaration of reciprocal beneficiary relationship" means a statement in a form issued by the director that declares the intent of two people to enter into a relationship. By signing it, two people swear under penalty of perjury that they meet the requirements for a valid reciprocal beneficiary relationship.
"Director" means the director of health.
"Reciprocal beneficiaries" means two adults who are parties to a valid reciprocal beneficiary relationship and meet the requisites for a valid reciprocal beneficiary relationship as defined in section 572C-4. [L 1997, c 383, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 572C. Reciprocal Beneficiaries › 572C-4 Requisites of a valid reciprocal beneficiary relationship.

§572C-4 Requisites of a valid reciprocal beneficiary relationship.
In order to enter into a valid reciprocal beneficiary relationship, it shall be necessary that:
(1) Each of the parties be at least eighteen years old;
(2) Neither of the parties be married, a party to another reciprocal beneficiary relationship, or a partner in a civil union;
(3) The parties be legally prohibited from marrying one another under chapter 572;
(4) Consent of either party to the reciprocal beneficiary relationship has not been obtained by force, duress, or fraud; and
(5) Each of the parties sign a declaration of reciprocal beneficiary relationship as provided in section 572C-5. [L 1997, c 383, pt of §1; am L 2012, c 267, §11]
2023 Hawaii Revised Statutes › Title 31. Family › 572C. Reciprocal Beneficiaries › 572C-5 Registration as reciprocal beneficiaries; filing fees; records.

§572C-5 Registration as reciprocal beneficiaries; filing fees; records.
(a) Two persons, who meet the criteria set out in section 572C-4, may enter into a reciprocal beneficiary relationship and register their relationship as reciprocal beneficiaries by filing a signed notarized declaration of reciprocal beneficiary relationship with the director. For the filing of the declaration, the director shall collect a fee of $8, which shall be remitted to the director of finance for deposit into the general fund.
(b) Upon the payment of the fee, the director shall register the declaration and provide a certificate of reciprocal beneficiary relationship to each party named on the declaration. The director shall maintain a record of each declaration of reciprocal beneficiary relationship filed with or issued by the director. [L 1997, c 383, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 572C. Reciprocal Beneficiaries › 572C-6 Rights and obligations.

§572C-6 Rights and obligations.
Upon the issuance of a certificate of reciprocal beneficiary relationship, the parties named in the certificate shall be entitled to those rights and obligations provided by the law to reciprocal beneficiaries. Unless otherwise expressly provided by law, reciprocal beneficiaries shall not have the same rights and obligations under the law that are conferred through marriage under chapter 572. [L 1997, c 383, pt of §1]
Law Journals and Reviews
Tax Justice and Same-Sex Domestic Partner Health Benefits: An Analysis of the Tax Equity For Health Plan Beneficiaries Act. 32 UH L. Rev. 73 (2009).
2023 Hawaii Revised Statutes › Title 31. Family › 572C. Reciprocal Beneficiaries › 572C-7 Termination of reciprocal beneficiary relationship; filing fees and records; termination upon marriage.

§572C-7 Termination of reciprocal beneficiary relationship; filing fees and records; termination upon marriage.
(a) Either party to a reciprocal beneficiary relationship may terminate the relationship by filing a signed notarized declaration of termination of reciprocal beneficiary relationship by either of the reciprocal beneficiaries with the director. For the filing of the declaration, the director shall collect a fee of $8, which shall be remitted to the director of finance for deposit into the general fund.
(b) Upon the payment of the fee, the director shall file the declaration and issue a certificate of termination of reciprocal beneficiary relationship to each party of the former relationship. The director shall maintain a record of each declaration and certificate of termination of reciprocal beneficiary relationship filed with or issued by the director.
(c) A reciprocal beneficiary relationship shall automatically terminate when:
(1) Either party to the reciprocal beneficiary relationship enters into a marriage or civil union solemnized by a person licensed by the department of health; or
(2) Either party to the reciprocal beneficiary relationship enters into a union outside the State that is recognized by law as a marriage or civil union in the State.
(d) If either party to a reciprocal beneficiary relationship enters into a legal marriage or civil union, the parties shall no longer have a reciprocal beneficiary relationship and shall no longer be entitled to the rights and benefits of reciprocal beneficiaries, except as provided in section 572B-4.5. [L 1997, c 383, pt of §1; am L 2012, c 267, §12]
2023 Hawaii Revised Statutes › Title 31. Family › 572D. Uniform Premarital Agreement Act › 572D-1 Definitions.

§572D-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
"Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. [L 1987, c 321, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 572D. Uniform Premarital Agreement Act › 572D-2 Formalities.

§572D-2 Formalities.
A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. [L 1987, c 321, pt of §1]
Case Notes
Cited: 522 F. Supp. 2d 1272 (2007).
2023 Hawaii Revised Statutes › Title 31. Family › 572D. Uniform Premarital Agreement Act › 572D-3 Content.

§572D-3 Content.
(a) Parties to a premarital agreement may contract with respect to:
(1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
(3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(4) The modification or elimination of spousal support;
(5) The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
(6) The ownership rights in and disposition of the death benefit from a life insurance policy;
(7) The choice of law governing the construction of the agreement; and
(8) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement. [L 1987, c 321, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 572D. Uniform Premarital Agreement Act › 572D-5 Amendment; revocation.

§572D-5 Amendment; revocation.
After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration. [L 1987, c 321, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 572D. Uniform Premarital Agreement Act › 572D-6 Enforcement.

§572D-6 Enforcement.
(a) A premarital agreement is enforceable and shall be binding in any action unless the party against whom enforcement is sought proves that:
(1) That party did not execute the agreement voluntarily; or
(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(A) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(B) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(C) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid eligibility for public assistance.
(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. [L 1987, c 321, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 572D. Uniform Premarital Agreement Act › 572D-7 Enforcement; void marriage.

§572D-7 Enforcement; void marriage.
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. [L 1987, c 321, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 572D. Uniform Premarital Agreement Act › 572D-8 Limitation of actions.

§572D-8 Limitation of actions.
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. [L 1987, c 321, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 572D. Uniform Premarital Agreement Act › 572D-10 Prior agreements.

§572D-10 Prior agreements.
All written agreements entered into prior to July 1, 1987, between prospective spouses for the purpose of affecting any of the provisions of this chapter shall be valid and enforceable if otherwise valid as contracts. [L 1987, c 321, pt of §1]
Revision Note
"July 1, 1987" and "chapter" substituted for "the enactment of this Act" and "Act".
Case Notes
If the premarital agreement is a valid contract, the agreement must be enforced. The agreement will not be enforced if party did not freely and voluntarily enter into the agreement or the agreement is unconscionable. Issue of unconscionability of provision governing division of property should be evaluated at time agreement was executed. 69 H. 497, 748 P.2d 1362 (1988).
Where marriage of husband and wife and their relinquishment of their rights in each other's estate constituted adequate consideration for their premarital agreement, no evidence was adduced that wife signed the agreement under duress, coercion, undue influence, or any other circumstances indicating lack of free will or voluntariness, and agreement was not unacceptably one-sided and did not involve terms of unfair surprise so as to render it unconscionable, trial court erred in concluding that agreement was unenforceable. 114 H. 286 (App.), 162 P.3d 2 (2007).
2023 Hawaii Revised Statutes › Title 31. Family › 573. Married Women--Repealed

REPEALED.
L 1987, c 46, §4.
Note
§ §573-1 to 573-8 renumbered as § §572-25, 572-22, 572-26, 572-27, 572-28, 572-23, 572-24, and 572-29, respectively.
2023 Hawaii Revised Statutes › Title 31. Family › 574. Names › 574-1 Married persons; civil union partners.

§574-1 Married persons; civil union partners.
Upon marriage or civil union, each of the parties to a marriage or partners in a civil union shall declare the middle and last names each will use as a married person or civil union partner. No person shall be required to change that person's middle or last name upon entering into a marriage or civil union. Parties to a marriage and partners in a civil union shall not be required to have the same middle or last name. Every person may adopt any middle or last name upon entering into a marriage or civil union. [L 1860, p 32, §1; RL 1925, §3119; RL 1935, §4663; RL 1945, §12384; RL 1955, §327-1; HRS §574-1; am L 1975, c 114, §1; am L 1991, c 121, §1; am L 1993, c 346, §1; am L 2012, c 267, §13; am L 2019, c 11, §1]
Case Notes
Mentioned: 57 H. 82, 549 P.2d 739 (1976).
2023 Hawaii Revised Statutes › Title 31. Family › 574. Names › 574-2 Legitimate children.

§574-2 Legitimate children.
The registrar of births shall register any child born in wedlock as having both a family name and a given name chosen by one of the child's parents, or, if the parents do not agree on the name or names, the name or names specified by a court of competent jurisdiction to be in the best interests of the child; provided that the name or names of the child, if already registered on the birth certificate, need not be changed until the court order specifies otherwise. The registrar shall register any child legitimated, as provided in section 338-21, as having both a family name and a given name chosen by the child's parents, or, if the parents do not agree on the name or names, the name or names specified by a court of competent jurisdiction to be in the best interests of the child. [L 1860, p 32, §2; RL 1925, §3120; RL 1935, §4664; RL 1945, §12385; RL 1955, §327-2; am L 1967, c 6, §2; HRS §574-2; am L 1975, c 66, §3; am L 1980, c 153, §1; am L 1989, c 75, §2; am L 1991, c 121, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 574. Names › 574-3 Children born to parents not married to each other.

§574-3 Children born to parents not married to each other.
The registrar of births shall
register any child born to parents not married to each other at the time of the child's birth and where either the natural parents have not married each other or where the parent and child relationship has not been established pursuant to chapter 584, as having both a family name and given name chosen by the mother. [L 1860, p 32, §3; RL 1925, §3121; RL 1935, §4665; RL 1945, §12386; RL 1955, §327-3; am L 1967, c 6, §2; HRS §574-3; am L 1980, c 153, §2; am L 1989, c 75, §3; am L 1997, c 52, §6]
Cross References
Birth certificates, see §338-21.
2023 Hawaii Revised Statutes › Title 31. Family › 574. Names › 574-6 Effect of change.

§574-6 Effect of change.
(a) The change of name provided for by order of the lieutenant governor shall be effective upon the date of publication of the notice of change of name.
(b) In all cases of change of name by order of the lieutenant governor, except as otherwise provided by law, the order shall be recorded in the bureau of conveyances within sixty days after the signing of the order.
(c) All changes of names made by decree of any governor, or by the president of the Republic of Hawaii, or by the president of the Provisional Government of Hawaii, or by any king or queen of the Hawaiian Islands, are ratified and confirmed.
(d) The lieutenant governor shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter. [L 1982, c 50, §2; am L 1984, c 245, §2; am L 1985, c 190, §1; am L 1986, c 250, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 575. Uniform Desertion and Nonsupport Act (Modified) › 575-2 Prima facie evidence; sequestration of money for support of spouse or children.

§575-2 Prima facie evidence; sequestration of money for support of spouse or children.
The absence of any spouse or parent from the other spouse or child or children under the age of sixteen for a continuous period of three months or more without first making suitable provision for the support and maintenance of such spouse, child, or children shall be prima facie evidence of desertion and wilful neglect. In such case, and where it is known that such spouse or parent has money in the possession of a third party, the complaint, made under section 575-3, shall allege the continuous absence by the spouse or parent and the name of the third party possessing the money. The court in which the complaint is filed shall issue an order to the third party possessing the money to appear before it to show cause why the money shall not be applied to the maintenance and support of the spouse, the child, or children.
If, after a hearing for that purpose, the court is satisfied that there has been a continuous absence by the spouse or parent and a failure by the spouse or parent to make suitable provision for maintenance and support, and that there is money in the possession of the third party belonging to the spouse or parent, it shall make an order upon the third party to apply the money in the sum or sums in the manner and at the time or times as it may determine for the support and maintenance of the spouse or the child or children; provided that no order to apply the money shall be made unless a copy of the order to show cause is served upon the spouse or parent prior to the hearing; provided further that if the spouse or parent cannot be found, the order to show cause shall be published in a newspaper of general circulation and for the time as shall be designated by the order of the court. [L 1919, c 175, §1; RL 1925, §3015; RL 1935, §4501; RL 1945, §12252; RL 1955, §328-2; HRS §575-2; am L 1984, c 250, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 575. Uniform Desertion and Nonsupport Act (Modified) › 575-3 Complaint.

§575-3 Complaint.
Proceedings under this chapter may be instituted upon complaint made under oath or affirmation by the spouse, child, or children, or either of them, by the child support enforcement agency, or by any other person or persons, or organization, against any person guilty of either of the above named offenses. [L 1913, c 83, §2; RL 1925, §3016; RL 1935, §4502; RL 1945, §12253; RL 1955, §328-3; HRS §575-3; am L 1984, c 250, pt of §1; am L 1986, c 332, §14]
2023 Hawaii Revised Statutes › Title 31. Family › 575. Uniform Desertion and Nonsupport Act (Modified) › 575-4 Evidence; marriage, paternity, etc.

§575-4 Evidence; marriage, paternity, etc.
No other or greater evidence shall be required to prove the marriage of the spouses, or that the defendant is the parent of the child or children, than is required to prove such facts in a civil action. In no prosecution under this chapter shall any statute or rule of law prohibiting the disclosure of confidential communications between spouses apply, and both spouses shall be competent and compellable witnesses to testify against each other to any and all relevant matters, including the fact of such marriage and the parentage of such child or children; provided that neither shall be compelled to give self-incriminating evidence. Proof of the desertion of the spouse, child, or children in destitute or necessitous circumstances, or of neglect or refusal to provide for the support and maintenance of the spouse, child, or children, shall be prima facie evidence that the desertion, neglect, or refusal is wilful. [L 1925, c 164, §1; RL 1935, §4503; RL 1945, §12254; RL 1955, §328-4; HRS §575-4; am L 1984, c 250, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-101 Short title.

Note
Article heading reenacted by L 2015, c 77, pt of §1.
§576B-101 Short title.
This chapter may be cited as the Uniform Interstate Family Support Act. [L 2015, c 77, pt of §1]
Note
This section is new. Former §576B-101 renumbered as §576B-102.
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-103 State tribunal and support enforcement agency.

§576B-103 State tribunal and support enforcement agency.
(a) The family court, the child support enforcement agency established by section 576D-2, and the office of child support hearings are the tribunals of this State.
(b) The child support enforcement agency is the support enforcement agency of this State. [L 1997, c 295, pt of §1; §576B-102; ren and am L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-104 Remedies cumulative

§576B-104 Remedies cumulative
. (a) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.
(b) This chapter does not:
(1) Provide the exclusive method of establishing or enforcing a support order under the law of this State; or
(2) Grant a tribunal of this State jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter. [L 1997, c 295, pt of §1; §576B-103; ren and am L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-105 Application of chapter to resident of foreign country and foreign support proceeding.

§576B-105 Application of chapter to resident of foreign country and foreign support proceeding.
(a) A tribunal of this State shall apply Articles 1 through 6 and, as applicable, Article 7, to a support proceeding involving:
(1) A foreign support order;
(2) A foreign tribunal; or
(3) An obligee, obligor, or child residing in a foreign country.
(b) A tribunal of this State that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Articles 1 through 6.
(c) Article 7 applies only to a support proceeding under the Convention. In such a proceeding, if a provision of Article 7 is inconsistent with Articles 1 through 6, Article 7 controls. [L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-201 Bases for jurisdiction over nonresident.

Note
Article heading reenacted by L 2015, c 77, pt of §1.
Parts I, II, and III headings in this Article deleted by L 2015, c 77, pt of §1.
§576B-201 Bases for jurisdiction over nonresident.
(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:
(1) The individual is personally served with summons or notice within this State;
(2) The individual submits to the jurisdiction of this State by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) The individual resided with the child in this State;
(4) The individual resided in this State and provided prenatal expenses or support for the child;
(5) The child resides in this State as a result of the acts or directives of the individual;
(6) The individual engaged in sexual intercourse in this State and the child may have been conceived by that act of intercourse;
(7) The individual asserted parentage of the child in the office of health status monitoring maintained in this State by the department of health; or
(8) There is any other basis consistent with the constitutions of this State and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection (a) or in any other law of this State may not be used to acquire personal jurisdiction for a tribunal of this State to modify a child support order of another state unless the requirements of section 576B-611 are met, or in the case of a foreign support order, unless the requirements of section 576B-615 are met. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Case Notes
As Hawaii retains its continuing jurisdiction to enforce a child support order as long as the order has not been modified by a tribunal of another state pursuant to chapter 576B or a law substantially similar to it, this section authorized the family court to enforce the child support order even though the father, mother, and children were no longer residents of this State. 98 H. 168 (App.), 45 P.3d 368 (2002).
Where family court had neither general nor specific jurisdiction over father, court erred in entering default judgment against father in mother's child support action. 110 H. 294 (App.), 132 P.3d 862 (2006).
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-202 Duration of personal jurisdiction.

§576B-202 Duration of personal jurisdiction.
Personal jurisdiction acquired by a tribunal of this State in a proceeding under this chapter or other law of this State relating to a support order continues as long as a tribunal of this State has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by sections 576B-205, 576B-206, and 576B-211. [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-203 Initiating and responding tribunal of State.

§576B-203 Initiating and responding tribunal of State.
Under this chapter, a tribunal of this State may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country. [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-204 Simultaneous proceedings.

§576B-204
Simultaneous proceedings.
(a) A tribunal of this State may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:
(1) The petition or comparable pleading in this State is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3) If relevant, this State is the home state of the child.
(b) A tribunal of this State may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this State for filing a responsive pleading challenging the exercise of jurisdiction by this State;
(2) The contesting party timely challenges the exercise of jurisdiction in this State; and
(3) If relevant, the other state or foreign country is the home state of the child. [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-205 Continuing, exclusive jurisdiction to modify child support order.

§576B-205 Continuing, exclusive jurisdiction to modify child support order.
(a) A tribunal of this State that has issued a child support order consistent with the law of this State has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:
(1) At the time of the filing of a request for modification this State is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(2) Even if this State is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this State may continue to exercise jurisdiction to modify its order.
(b) A tribunal of this State that has issued a child support order consistent with the law of this State may not exercise continuing, exclusive jurisdiction to modify the order if:
(1) All of the parties who are individuals file consent in a record with the tribunal of this State that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(2) Its order is not the controlling order.
(c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act that modifies a child support order of a tribunal of this State, tribunals of this State shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(d) A tribunal of this State that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Case Notes
Where New Mexico had continuing, exclusive jurisdiction over its spousal support order, New Mexico could act as a responding tribunal to enforce or modify its order; husband and wife were subject to the continuing, exclusive jurisdiction of New Mexico notwithstanding the fact that neither resided in New Mexico; because Hawaii lacked continuing, exclusive jurisdiction over New Mexico's spousal support order, Hawaii could not serve as a responding tribunal to modify New Mexico's spousal support order, but could enforce it. 111 H. 51 (App.), 137 P.3d 365 (2006).
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-206 Continuing jurisdiction to enforce child support order.

§576B-206 Continuing jurisdiction to enforce child support order.
(a) A tribunal of this State that has issued a child support order consistent with the law of this State may serve as an initiating tribunal to request a tribunal of another state to enforce:
(1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or
(2) A money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
(b) A tribunal of this State having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Case Notes
Where New Mexico had continuing, exclusive jurisdiction over its spousal support order, New Mexico could act as a responding tribunal to enforce or modify its order; husband and wife were subject to the continuing, exclusive jurisdiction of New Mexico notwithstanding the fact that neither resided in New Mexico; because Hawaii lacked continuing, exclusive jurisdiction over New Mexico's spousal support order, Hawaii could not serve as a responding tribunal to modify New Mexico's spousal support order, but could enforce it. 111 H. 51 (App.), 137 P.3d 365 (2006).
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-208 Child support orders for two or more obligees.

§576B-208 Child support orders for two or more obligees.
In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this State shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this State. [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-209 Credit for payments.

§576B-209 Credit for payments.
A tribunal of this State shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this State, another state, or a foreign country. [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-210 Application of chapter to nonresident subject to personal jurisdiction.

§576B-210 Application of chapter to nonresident subject to personal jurisdiction.
A tribunal of this State exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this State relating to a support order, or recognizing a foreign support order may receive evidence from outside this State pursuant to section 576B-316, communicate with a tribunal outside this State pursuant to section 576B-317, and obtain discovery through a tribunal outside this State pursuant to section 576B-318. In all other respects, Articles 3 through 6 do not apply, and the tribunal shall apply the procedural and substantive law of this State. [L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-211 Continuing, exclusive jurisdiction to modify spousal support order.

§576B-211 Continuing, exclusive jurisdiction to modify spousal support order.
(a) A tribunal of this State issuing a spousal support order consistent with the law of this State has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.
(b) A tribunal of this State may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(c) A tribunal of this State that has continuing, exclusive jurisdiction over a spousal support order may serve as:
(1) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this State; or
(2) A responding tribunal to enforce or modify its own spousal support order. [L 2015, c 77, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-301 Proceedings under this chapter.

Note
Article heading reenacted by L 2015, c 77, pt of §1.
§576B-301 Proceedings under this chapter.
(a) Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter.
(b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent. [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-302 Proceeding by minor parent.

§576B-302 Proceeding by minor parent.
A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. [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-303 Application of law of State.

§576B-303 Application of law of State.
Except as otherwise provided in this chapter, a responding tribunal of this State shall:
(1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this State and may exercise all powers and provide all remedies available in those proceedings; and
(2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this State. [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-304 Duties of initiating tribunal.

§576B-304 Duties of initiating tribunal.
(a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this State shall forward the petition and its accompanying documents:
(1) To the responding tribunal or appropriate support enforcement agency in the responding state; or
(2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of this State shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this State shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Revision Note
Subsection (a) designation added pursuant to §23G-15(1).
2023 Hawaii Revised Statutes › Title 31. Family › 576B. Uniform Interstate Family Support Act › 576B-305 Duties and powers of responding tribunal.

§576B-305 Duties and powers of responding tribunal.
(a) When a responding tribunal of this State receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section 576B-301(b), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.
(b) A responding tribunal of this State, to the extent not prohibited by other law, may do one or more of the following:
(1) Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child;
(2) Order an obligor to comply with a child support order, specifying the amount and the manner of compliance;
(3) Order income withholding;
(4) Determine the amount of any arrearages, and specify a method of payment;
(5) Enforce orders by civil or criminal contempt, or both;
(6) Set aside property for satisfaction of the support order;
(7) Place liens and order execution on the obligor's property;
(8) Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment;
(9) Issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;
(10) Order the obligor to seek appropriate employment by specified methods;
(11) Award reasonable attorney's fees and other fees and costs; and
(12) Grant any other available remedy.
(c) A responding tribunal of this State shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.
(d) A responding tribunal of this State may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.
(e) If a responding tribunal of this State issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this State shall convert the amount stated in the foreign currency to the equivalent amount in United States dollars under the applicable official or market exchange rate as publicly reported. [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-306 Inappropriate tribunal.

§576B-306 Inappropriate tribunal.
If a petition or comparable pleading is received by an inappropriate tribunal of this State, that tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this State or another state and notify the petitioner where and when the pleading was sent. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]