reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 16 - Registration, Enforcement, and Modification of a Support Order › § 1602. Procedure to register an order for enforcement

§ 1602. Procedure to register an order for enforcement
(a) Except as otherwise provided in section 1706 of this title, a support order or income withholding order of another state or a foreign support order may be registered in this State by sending the following records to the tribunal in this State:
(1) a letter of transmittal to the tribunal requesting registration and enforcement;
(2) two copies, including one certified copy, of the order to be registered, including any modification of the order;
(3) a sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(4) the name of the obligor and, if known:
(A) the obligor’s address and Social Security number;
(B) the name and address of the obligor’s employer and any other source of income of the obligor; and
(C) a description and the location of property of the obligor in this State not exempt from execution; and
(5) except as otherwise provided in section 1312 of this title, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.
(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this State may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
(d) If two or more orders are in effect, the person requesting registration shall:
(1) furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
(2) specify the order alleged to be the controlling order, if any; and
(3) specify the amount of consolidated arrears, if any.
(e) A request for determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 16 - Registration, Enforcement, and Modification of a Support Order › § 1603. Effect of registration for enforcement

§ 1603. Effect of registration for enforcement
(a) A support order or income withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this State.
(b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this State.
(c) Except as otherwise provided in this chapter, a tribunal of this State shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 16 - Registration, Enforcement, and Modification of a Support Order › § 1604. Choice of law

§ 1604. Choice of law
(a) Except as otherwise provided in subsection (d) of this section, the law of the issuing state or foreign country governs:
(1) the nature, extent, amount, and duration of current payments under a registered support order;
(2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(3) the existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrears under a registered support order, the statute of limitation of this State or of the issuing state or foreign country, whichever is longer, applies.
(c) A responding tribunal of this State shall apply the procedures and remedies of this State to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this State.
(d) After a tribunal of this State or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this State shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 16 - Registration, Enforcement, and Modification of a Support Order › § 1605. Notice of registration of an order

§ 1605. Notice of registration of an order
(a) When a support order or income withholding order issued in another state or a foreign support order is registered, the registering tribunal of this State must notify the nonregistering party. The notice shall be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(b) Notice issued pursuant to this section must inform the nonregistering party:
(1) that a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this State;
(2) that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under section 1707 of this title;
(3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and
(4) of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders are in effect, notice issued pursuant to this section must also:
(1) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
(2) notify the nonregistering party of the right to a determination of which is the controlling order;
(3) state that the procedures provided in subsection (b) of this section apply to the determination of which is the controlling order; and
(4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(d) Upon registration of an income withholding order for enforcement, the Office of Child Support shall notify the obligor’s employer pursuant to 15 V.S.A. chapter 11. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 16 - Registration, Enforcement, and Modification of a Support Order › § 1606. Procedure to contest the validity or enforcement of a registered order

§ 1606. Procedure to contest the validity or enforcement of a registered order
(a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this State shall request a hearing within the time required by section 1605 of this title. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 1607 of this title.
(b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 16 - Registration, Enforcement, and Modification of a Support Order › § 1607. Contest of registration or enforcement

§ 1607. Contest of registration or enforcement
(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) the issuing tribunal lacked personal jurisdiction over the contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or modified by a later order;
(4) the issuing tribunal has stayed the order pending appeal;
(5) there is a defense under the law of this State to the remedy sought;
(6) full or partial payment has been made;
(7) the statute of limitation under section 1604 of this title precludes enforcement of some or all of the alleged arrearages; or
(8) the alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this State.
(c) If the contesting party does not establish a defense under subsection (a) of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 16 - Registration, Enforcement, and Modification of a Support Order › § 1608. Confirmed order

§ 1608. Confirmed order
Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 16 - Registration, Enforcement, and Modification of a Support Order › § 1609. Procedure to register a child support order of another state for modification

§ 1609. Procedure to register a child support order of another state for modification
A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state must register that order in this State in the same manner provided in sections 1601-1608 of this title if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 16 - Registration, Enforcement, and Modification of a Support Order › § 1610. Effect of registration for modification

§ 1610. Effect of registration for modification
A tribunal of this State and the Office of Child Support may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this State, but the registered order may be modified only if the requirements of section 1611 or 1613 of this title have been met. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 16 - Registration, Enforcement, and Modification of a Support Order › § 1611. Modification of an order of another state

§ 1611. Modification of an order of another state
(a) If section 1613 of this title does not apply, upon petition a tribunal of this State may modify a child support order issued in another state which is registered in this State, if after notice and hearing, it finds that:
(1) the following requirements are met:
(A) neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
(B) a petitioner who is a nonresident of this State seeks modification; and
(C) the respondent is subject to the personal jurisdiction of the tribunal of this State; or
(2) this State is the residence of the child or a party who is an individual is subject to the personal jurisdiction of the tribunal of this State and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction.
(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this State and the order may be enforced and satisfied in the same manner.
(c) A tribunal of this State may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under section 1207 of this title establishes the aspects of the support order which are nonmodifiable.
(d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this State.
(e) On issuance of an order by a tribunal of this State modifying a child support order issued in another state, the tribunal of this State becomes the tribunal having continuing, exclusive jurisdiction.
(f) Notwithstanding subsections (a) through (e) of this section and subsection 1201(b) of this title, a tribunal of this State retains jurisdiction to modify an order issued by a tribunal of this State if:
(1) one party resides in another state; and
(2) the other party resides outside the United States. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 16 - Registration, Enforcement, and Modification of a Support Order › § 1612. Recognition of an order modified in another state

§ 1612. Recognition of an order modified in another state
If a child support order issued by a tribunal of this State is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this State:
(1) may enforce its order that was modified only as to arrears and interest accruing before the modification;
(2) may provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
(3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 16 - Registration, Enforcement, and Modification of a Support Order › § 1613. Jurisdiction to modify an order of another state when individual parties reside in this State

§ 1613. Jurisdiction to modify an order of another state when individual parties reside in this State
(a) If all of the parties who are individuals reside in this State and the child does not reside in the issuing state, a tribunal of this State has jurisdiction to enforce and to modify the issuing state’s child support order in a proceeding to register that order.
(b) A tribunal of this State exercising jurisdiction under this section must apply the provisions of chapters 11 and 12 of this title, this chapter, and the procedural and substantive law of this State to the proceeding for enforcement or modification and chapters 13, 14, 15, 17, and 18 of this title must not apply. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 16 - Registration, Enforcement, and Modification of a Support Order › § 1614. Notice to issuing tribunal of modification

§ 1614. Notice to issuing tribunal of modification
Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 16 - Registration, Enforcement, and Modification of a Support Order › § 1615. Jurisdiction to modify an order of a foreign country

§ 1615. Jurisdiction to modify an order of a foreign country
(a) Except as otherwise provided in section 1711 of this title, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this State may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to section 1611 of this title has been given or whether the individual seeking modification is a resident of this State or of the foreign country.
(b) An order issued by a tribunal of this State modifying a foreign child support order pursuant to this section is the controlling order. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 16 - Registration, Enforcement, and Modification of a Support Order › § 1616. Procedure to register an order of a foreign country for modification

§ 1616. Procedure to register an order of a foreign country for modification
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this State under sections 1601 through 1608 of this title if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 17 - Support Proceeding Under the Convention › § 1701. Definitions

§ 1701. Definitions
As used in this chapter:
(1) “Application” means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2) “Central authority” means the entity designated by the United States or a foreign country to perform the functions specified in the Convention.
(3) “Convention support order” means a support order of a tribunal of a foreign country.
(4) “Direct request” means a petition filed by an individual in a tribunal of this State in a proceeding involving an obligee, obligor, or child residing outside the United States.
(5) “Foreign central authority” means the entity designated by a foreign country to perform the functions specified in the Convention.
(6) “Foreign support agreement”:
(A) means an agreement for support in a record that:
(i) is enforceable as a support order in the country of origin;
(ii) has been formally drawn up or registered as an authentic instrument by a foreign tribunal or authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii) may be reviewed and modified by a foreign tribunal; and
(B) includes a maintenance arrangement or authentic instrument under the Convention.
(7) “U.S. central authority” means the Secretary of the U.S. Department of Health and Human Services. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 17 - Support Proceeding Under the Convention › § 1702. Applicability

§ 1702. Applicability
This chapter must apply only to a support proceeding under the Convention. In such a proceeding, if a provision of this chapter is inconsistent with chapters 11 through 16 of this title, this chapter must control. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 17 - Support Proceeding Under the Convention › § 1703. Relationship of support enforcement agency to the U.S. central authority

§ 1703. Relationship of support enforcement agency to the U.S. central authority
The support enforcement agency of this State is recognized as the agency designated by the U.S. central authority to perform specific functions under the Convention. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 17 - Support Proceeding Under the Convention › § 1704. Initiation of proceeding by support enforcement agency

§ 1704. Initiation of proceeding by support enforcement agency
(a) In a support proceeding under this chapter, the support enforcement agency of this State shall:
(1) transmit and receive applications; and
(2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State.
(b) The following support proceedings are available to an obligee under the Convention:
(1) recognition or enforcement, or both, of a foreign support order;
(2) enforcement of a support order issued or recognized in this State;
(3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(4) establishment of a support order if recognition of a foreign support order is refused under subdivision 1708(b)(2), (4), or (9) of this title;
(5) modification of a support order of a tribunal of this State; and
(6) modification of a support order of a tribunal of another state or a foreign country.
(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
(1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State;
(2) modification of a support order of a tribunal of this State; and
(3) modification of a support order of a tribunal of another state or a foreign country.
(d) A tribunal of this State may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 17 - Support Proceeding Under the Convention › § 1705. Direct request

§ 1705. 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 1706 through 1713 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 governmental entity.
(e) This chapter 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. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 17 - Support Proceeding Under the Convention › § 1706. Registration of convention support order

§ 1706. Registration of convention support order
(a) Except as otherwise provided in this chapter, 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 chapter 16 of this title.
(b) Notwithstanding section 1311 and subsection 1602(a) of this title, a request for registration of a Convention support order must be accompanied by:
(1) a complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;
(2) a record stating that the support order is enforceable in the issuing country;
(3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) a record showing the amount of arrears, if any, and the date the amount was calculated;
(5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
(d) A tribunal of this State may vacate the registration of a Convention support order without the filing of a contest under section 1707 of this title 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. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 17 - Support Proceeding Under the Convention › § 1707. Contest of registered convention support order

§ 1707. Contest of registered convention support order
(a) Except as otherwise provided in this chapter, sections 1605 through 1608 of this title apply to a contest of a registered Convention support order.
(b) A party contesting a registered Convention support order must file a contest not later than 30 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 60 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) of this section, the order is enforceable.
(d) A contest of a registered Convention support order may be based only on grounds set forth in section 1708 of this title. 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. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 17 - Support Proceeding Under the Convention › § 1708. Recognition and enforcement of registered convention support order

§ 1708. Recognition and enforcement of registered convention support order
(a) Except as otherwise provided in subsection (b) of this section, 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 1201 of this title.
(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 1706 of this title 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 title in this State.
(8) The obligor has paid alleged arrears 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.
(10) The order was made in violation of section 1711 of this title.
(c) If a tribunal of this State does not recognize a Convention support order pursuant to subdivision (b)(2), (4), or (9) of this section:
(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 governmental entity 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 1704 of this title. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 17 - Support Proceeding Under the Convention › § 1709. Partial enforcement

§ 1709. 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. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 17 - Support Proceeding Under the Convention › § 1710. Foreign support agreement

§ 1710. Foreign support agreement
(a) Except as otherwise provided in subsections (c) and (d) of this section, 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 must 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 title in this State; or
(4) the record submitted under subsection (b) of this section lacks authenticity or integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 17 - Support Proceeding Under the Convention › § 1711. Modification of convention support order

§ 1711. Modification of convention 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, subsection 1708(c) of this title applies. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 17 - Support Proceeding Under the Convention › § 1712. Personal information; limitation on use

§ 1712. Personal information; limitation on use
Personal information gathered or transmitted under this chapter may be used only for the purposes for which it was gathered or transmitted. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 17 - Support Proceeding Under the Convention › § 1713. Record in original language; English translation

§ 1713. Record in original language; English translation
A record filed with a tribunal of this State under this chapter must be in the original language and, if not in English, must be accompanied by an English translation. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 18 - Interstate Rendition › § 1801. Grounds for rendition

§ 1801. Grounds for rendition
(a) As used in this chapter, “governor” includes an individual performing the functions of governor or the executive authority of a state covered by this title.
(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 rendition of individuals not inconsistent with this title 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. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 18 - Interstate Rendition › § 1802. Conditions of rendition

§ 1802. 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 the prosecutor who has brought the criminal charge for the state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this title or that the proceeding would be of no avail.
(b) If, under this title or a law substantially similar to this title, 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. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 19 - Application and Construction › § 1901. Uniformity

§ 1901. Uniformity
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 19 - Application and Construction › § 1902. Transitional provisions

§ 1902. Transitional provisions
The Uniform Interstate Family Support Act applies to proceedings begun on or after June 30, 2015 to establish a support order or determine parentage of a child support order or to register, recognize, enforce, or modify a prior support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, or determination, or agreement, whenever issued or entered. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15B - Uniform Interstate Family Support Act (1996) › Chapter 19 - Application and Construction › § 1903. Vermont Rules of Family Proceedings

§ 1903. Vermont Rules of Family Proceedings
The Vermont Rules of Family Proceedings shall apply to all proceedings before the tribunal of this State under this title. (Added 2015, No. 16, § 2, eff. June 1, 2015.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 1 - Short Title; Definitions; Scope; General Provisions › § 103. Scope and application

§ 103. Scope and application
(a) Scope. This title applies to determination of parentage in this State.
(b) Choice of law. The court shall apply the law of this State to adjudicate parentage.
(c) Effect on parental rights. This title does not create, enlarge, or diminish parental rights and responsibilities under other laws of this State or the equitable powers of the courts, except as provided in this title. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 1 - Short Title; Definitions; Scope; General Provisions › § 104. Parentage proceeding

§ 104. Parentage proceeding
(a) Proceeding authorized. A proceeding to adjudicate the parentage of a child shall be maintained in accordance with this title and with the Vermont Rules for Family Proceedings, except that proceedings for birth orders under sections 708 and 804 of this title shall be maintained in accordance with the Vermont Rules of Probate Procedure.
(b) Actions brought by the Office of Child Support. If the complaint is brought by the Office of Child Support, the complaint shall be accompanied by an affidavit of the parent whose rights have been assigned. In cases where the assignor is not a genetic parent or is a genetic parent who refuses to provide an affidavit, the affidavit may be submitted by the Office of Child Support, but the affidavit alone shall not support a default judgment on the issue of parentage.
(c) Original actions. Original actions to adjudicate parentage may be commenced in the Family Division of the Superior Court, except that proceedings for birth orders under sections 708 and 804 of this title shall be commenced in the Probate Division of the Superior Court.
(d) No right to jury. There shall be no right to a jury trial in an action to determine parentage.
(e) Disclosure of Social Security numbers. A person who is a party to a parentage action shall disclose that person’s Social Security number to the court. The Social Security number of a person subject to a parentage adjudication shall be placed in the court records relating to the adjudication. The court shall disclose a person’s Social Security number to the Office of Child Support. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 1 - Short Title; Definitions; Scope; General Provisions › § 105. Standing to maintain proceeding

§ 105. Standing to maintain proceeding
Subject to other provisions of this chapter, a proceeding to adjudicate parentage may be maintained by:
(1) the child;
(2) the person who gave birth to the child unless a court has adjudicated that the person is not a parent or the person is a gestational carrier who is not a parent under subdivision 803(1)(A) of this title;
(3) a person whose parentage is to be adjudicated;
(4) a person who is a parent under this title;
(5) the Department for Children and Families, including the Office of Child Support; or
(6) a representative authorized by law to act for a person who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 1 - Short Title; Definitions; Scope; General Provisions › § 106. Notice of proceeding

§ 106. Notice of proceeding
(a) A petitioner under this chapter shall give notice of the proceeding to adjudicate parentage to the following:
(1) the person who gave birth to the child unless a court has adjudicated that the person is not a parent;
(2) a person who is a parent of the child under this chapter;
(3) a presumed, acknowledged, or adjudicated parent of the child;
(4) a person whose parentage of the child is to be adjudicated; and
(5) the Office of Child Support, in cases in which either party is a recipient of public assistance benefits from the Economic Services Division and has assigned the right to child support, or in cases in which either party has requested the services of the Office of Child Support.
(b) A person entitled to notice under subsection (a) of this section and the Office of Child Support, where the Office is involved pursuant to subdivision (a)(5), has a right to intervene in the proceeding.
(c) Lack of notice required by subsection (a) of this section shall not render a judgment void. Lack of notice does not preclude a person entitled to notice under subsection (a) from bringing a proceeding under this title.
(d) This section shall not apply to petitions for birth orders under chapters 7 and 8 of this title. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 1 - Short Title; Definitions; Scope; General Provisions › § 108. Personal jurisdiction

§ 108. Personal jurisdiction
(a) Personal jurisdiction. A person shall not be adjudicated a parent unless the court has personal jurisdiction over the person.
(b) Personal jurisdiction over nonresident. A court of this State having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident person, or the guardian or conservator of the person, if the conditions prescribed in Title 15B are fulfilled.
(c) Adjudication. Lack of jurisdiction over one person does not preclude the court from making an adjudication of parentage binding on another person over whom the court has personal jurisdiction. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 1 - Short Title; Definitions; Scope; General Provisions › § 109. Venue

§ 109. Venue
Venue for a proceeding to adjudicate parentage shall be in the county in which:
(1) the child resides or is present or, for purposes of chapter 7 or 8 of this title, is or will be born;
(2) any parent or intended parent resides;
(3) the respondent resides or is present if the child does not reside in this State;
(4) a proceeding for probate or administration of the parent or alleged parent’s estate has been commenced; or
(5) a child protection proceeding with respect to the child has been commenced. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 1 - Short Title; Definitions; Scope; General Provisions › § 110. Joinder of proceedings

§ 110. Joinder of proceedings
(a) Joinder permitted. Except as otherwise provided in subsection (b) of this section, a proceeding to adjudicate parentage may be joined with a proceeding for parental rights and responsibilities, parent-child contact, child support, child protection, termination of parental rights, divorce, annulment, legal separation, guardianship, probate or administration of an estate or other appropriate proceeding, or a challenge or rescission of acknowledgment of parentage. Such proceedings shall be in the Family Division of the Superior Court.
(b) Joinder not permitted. A respondent may not join a proceeding described in subsection (a) of this section with a proceeding to adjudicate parentage brought as part of an interstate child support enforcement action under Title 15B. (Added 2017, No. 162 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 15C - Parentage Proceedings › Chapter 1 - Short Title; Definitions; Scope; General Provisions › § 111. Orders

§ 111. Orders
(a) Interim order for support. In a proceeding under this title, the court may issue an interim order for support of a child in accordance with the child support guidelines under 15 V.S.A. § 654 with respect to a person who is:
(1) a presumed, acknowledged, or adjudicated parent of the child;
(2) petitioning to have parentage adjudicated;
(3) identified as the genetic parent through genetic testing under chapter 6 of this title;
(4) an alleged genetic parent who has declined to submit to genetic testing;
(5) shown by a preponderance of evidence to be a parent of the child;
(6) the person who gave birth to the child, other than a gestational carrier; or
(7) a parent under this chapter.
(b) Interim order for parental rights and responsibilities. In a proceeding under this title, the court may make an interim order regarding parental rights and responsibilities on a temporary basis.
(c) Final orders. Final orders concerning child support or parental rights and responsibilities shall be governed by Title 15. (Added 2017, No. 162 (Adj. Sess.), § 1.)