§3315. Direct request

1.  Establishment or modification of support or determination of parentage.  A petitioner may file a direct request seeking the establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this State applies.

[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]

2.  Recognition and enforcement of support order or agreement.  A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, the provisions of sections 3316 to 3323 apply.

[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]

3.  Guarantee of payment of costs may not be required; free legal assistance.  In a direct request seeking recognition and enforcement of a Convention support order or foreign support agreement:

A. A security, bond or deposit is not required to guarantee the payment of costs and expenses; and   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]

B. An obligee or obligor who 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 laws of this State under the same circumstances.   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]

[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]

4.  No assistance from the department.  A petitioner filing a direct request is not entitled to receive assistance from the department.

[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]

5.  Application of laws of this State.  This subchapter 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.

[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]

SECTION HISTORY

PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).