GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	2 

HOUSE BILL 168
Committee Substitute Favorable 5/22/95

Short Title:  Child Support Changes/AB.	(Public)

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Sponsors:

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Referred to:  

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February 13, 1995

A BILL TO BE ENTITLED
AN ACT TO IMPROVE THE ENFORCEMENT OF CHILD SUPPORT BY CREATING ADDITIONAL REMEDIES.
The General Assembly of North Carolina enacts:
TITLE I.  ADDITIONAL PENALTIES FOR FAILURE TO MEET CHILD SUPPORT OBLIGATIONS, AND CONFORMING STATUTES.
Section 1.  Effective July 1, 1996, Chapter 50 of the General Statutes is amended by adding the following new section to read:
"§ 50-13.12.  Forfeiture of licensing privileges for failure to pay child support.
(a)	As used in this section, the term:
(1)	'Licensing board' means a department, division, agency, officer, board, or other unit of State government that issues hunting, fishing, trapping, or occupational licenses or licensing privileges.
(2)	'Licensing privilege' means the privilege of an individual to be authorized to engage in an activity as evidenced by hunting, fishing, and trapping licenses, and occupational, professional, and business licenses.
(3)	'Obligee' means the individual or agency to whom a duty of support is owed or the individual's legal representative.
(4)	'Obligor' means the individual who owes a duty to make child support payments under a court order.
(5)	'Occupational license' means a license, certificate, permit, registration, or any other authorization issued by a licensing board that allows an obligor to engage in an occupation or profession.
(b)	Upon a finding by the district court judge that the obligor is willfully delinquent in child support payments equal to at least one month's child support, and upon findings as to any specific licensing privileges held by the obligor, the court may revoke some or all of such privileges until the obligor shall have paid the delinquent amount in full. The court may stay any such revocation upon conditions requiring the obligor to make full payment of the delinquency over time. Any such stay shall further be conditioned upon the obligor's maintenance of current child support. Upon an order revoking such privileges that does not stay the revocation, the clerk of superior court shall notify the appropriate licensing board that the obligor is delinquent in child support payments and that the obligor's licensing privileges are revoked until such time as the licensing board receives proof of certification by the clerk that the obligor is no longer delinquent in child support payments.
(c)	An obligor may file a request with the clerk of superior court for certification that the obligor is no longer delinquent in child support payments upon submission of proof satisfactory to the clerk that the obligor has paid the delinquent amount in full.  The clerk shall provide a form to be used by the obligor for a request for certification.  If the clerk finds that the obligor has met the requirements for reinstatement under this subsection, then the clerk shall certify that the obligor is no longer delinquent and shall provide a copy of the certification to the obligor. Upon request of the obligor, the clerk shall mail a copy of the certification to the appropriate licensing board.
(d)	If licensing privileges are revoked under this section, the obligor may petition the district court for a reinstatement of such privileges. The court may order the privileges reinstated conditioned upon full payment of the delinquency over time. Any order allowing license reinstatement shall additionally require the obligor's maintenance of current child support. Upon reinstatement under this subsection, the clerk of superior court shall certify that the obligor is no longer delinquent and provide a copy of the certification to the obligor. Upon request of the obligor, the clerk shall mail a copy of the certification to the appropriate licensing board.
(e)	The obligor may provide a copy of the certification set forth in either subsection (c) or (d) to each licensing agency to which the obligor applies for reinstatement of licensing privileges. Upon request of the obligor, the clerk shall mail a copy of the certification to the appropriate licensing board.  Upon receipt of a copy of the certification, the licensing board shall reinstate the license.
(f)	Upon receipt of notification by the clerk that the obligor's licensing privileges are revoked, the board shall note the revocation on its records and take all necessary steps to implement and enforce the revocation.  These steps shall not include the board's independent revocation process pursuant to Chapter 150B of the General Statutes, the Administrative Procedure Act, which process is replaced by the court process prescribed by this section.  The revocation shall remain in full force and effect until the board receives certification under this section that the obligor is no longer delinquent in child support payments."
Sec. 1.1.  Effective December 1, 1996, G.S. 50-13.12(a), as amended by Section 1 of this act, reads as rewritten:
"(a)	As used in this section, the term:
(1)	'Licensing board' means a department, division, agency, officer, board, or other unit of state government that issues hunting, fishing, trapping, drivers, or occupational licenses or licensing privileges.
(2)	'Licensing privilege' means the privilege of an individual to be authorized to engage in an activity as evidenced by hunting, fishing, or trapping licenses, regular and commercial drivers licenses, and occupational, professional, and business licenses.
(3)	'Obligee' means the individual or agency to whom a duty of support is owed or the individual's legal representative.
(4)	'Obligor' means the individual who owes a duty to make child support payments under a court order.
(5)	'Occupational license' means a license, certificate, permit, registration, or any other authorization issued by a licensing board that allows an obligor to engage in an occupation or profession."
Sec. 1.2.  Effective July 1, 1996, G.S. 50-13.9(d) reads as rewritten:
"(d)	In a non-IV-D case, when an obligor fails to make a required payment of child support and is in arrears, the clerk of superior court shall mail by regular mail to the last known address of the obligor a notice of delinquency.  The notice shall set out the amount of child support currently due and shall demand immediate payment of said amount.  The notice shall also state that failure to make immediate payment will result in the issuance by the court of an enforcement order requiring the obligor to appear before a district court judge and show cause why the support obligation should not be enforced by income withholding, contempt of court, revocation of licensing privileges, or other appropriate means. Failure to receive the delinquency notice shall not be a defense in any subsequent proceeding.  Sending the notice of delinquency shall be in the discretion of the clerk if the clerk has, during the previous 12 months, sent a notice or notices of delinquency to the obligor for nonpayment, or if income withholding has been implemented against the obligor or the obligor has been previously found in contempt for nonpayment under the same child support order.
If the arrearage is not paid in full within 21 days after the mailing of the delinquency notice, or without waiting the 21 days if the clerk has elected not to mail a delinquency notice for any of the reasons provided herein, the clerk shall cause an enforcement order to be issued and shall issue a notice of hearing before a district court judge.  The enforcement order shall order the obligor to appear and show cause why he should not be subjected to income withholding or adjudged in contempt of court, or both, and shall order the obligor to bring to the hearing records and information relating to his employment, his licensing privileges, and the amount and sources of his disposable income.  The enforcement order shall state:
(1)	That the obligor is under a court order to provide child support, the name of each child for whose benefit support is due, and information sufficient to identify the order;
(2)	That the obligor is delinquent and the amount of overdue support;
(3)	That the court may order the revocation of some or all of the obligor's licensing privileges if the obligor is delinquent in an amount equal to the support due for one month;
(4)	That the court may order income withholding if the obligor is delinquent in an amount equal to the support due for one month;
(5)	That income withholding, if implemented, will apply to the obligor's current payors and all subsequent payors and will be continued until terminated pursuant to G.S. 110-136.10;
(6)	That failure to bring to the hearing records and information relating to his employment and the amount and sources of his disposable income will be grounds for contempt;
(7)	That if income withholding is not an available or appropriate remedy, the court may determine whether the obligor is in contempt or whether any other enforcement remedy is appropriate.
The enforcement order may be signed by the clerk or a district court judge, and shall be served on the obligor pursuant to G.S. 1A-1, Rule 4, Rules of Civil Procedure.  The clerk shall also notify the party to whom support is owed of the pending hearing.  The clerk may withdraw the order to the supporting party upon receipt of the delinquent payment.  On motion of the person to whom support is owed, with the approval of the district court judge, if the district court judge finds it is in the best interest of the child, no enforcement order shall be issued.
When the matter comes before the court, the court shall proceed as in the case of a motion for income withholding under G.S. 110-136.5.  If income withholding is not an available or adequate remedy, the court may proceed with contempt, imposition of a lien, or other available, appropriate enforcement remedies.
This subsection shall apply only to non-IV-D cases, except that the clerk shall issue an enforcement order in a IV-D case when requested to do so by an IV-D obligee."
Sec. 1.3.  Effective July 1, 1996, Chapter 93B of the General Statutes is amended by adding the following new section to read:
"§ 93B-12.  Revocation when licensing privilege forfeited for nonpayment of child support.
(a)	Upon receipt of a court order, pursuant to G.S. 50-13.12, revoking the occupational license of a licensee under its jurisdiction, an occupational licensing board shall note the revocation in its records and follow the normal postrevocation rules and procedures of the board as if the revocation had been ordered by the board.  The revocation shall remain in effect until the board receives certification by the clerk of superior court that the licensee is no longer delinquent in child support payments.
(b)	Upon receipt of notification from the Department of Human Resources that a licensee under an occupational licensing board's jurisdiction has forfeited the licensee's occupational license pursuant to G.S. 110-142.1, then the occupational licensing board shall send a notice of intent to revoke or suspend the occupational license of that licensee as provided by G.S. 110-142.1(d). If the license is revoked as provided by the provisions of G.S. 110-142.1, the revocation shall remain in effect until the board receives certification by the designated representative or the child support enforcement agency that the licensee is no longer delinquent in child support payments.
(c)	If at the time the court revokes a license pursuant to subsection (a) of this section, or if at the time the occupational licensing board revokes a license pursuant to subsection (b) of this section, the occupational licensing board has revoked the same license under the licensing board's disciplinary authority over licensees under its jurisdiction, and that revocation period is greater than the revocation period resulting from forfeiture pursuant to G.S. 50-13.12 or G.S. 110-142.1 then the revocation period imposed by the occupational licensing board applies.
(d)	Immediately upon certification by the clerk of superior court or the child support enforcement agency that the licensee whose license was revoked pursuant to subsection (a) or (b) of this section is no longer delinquent in child support payments, the occupational licensing board shall reinstate the license.  Reinstatement of a license pursuant to this section shall be made at no additional cost to the licensee."
Sec. 1.4.  Article 9 of Chapter 110 is amended by adding the following new sections to read:
"§ 110-142.  Definitions; suspension and revocation of occupational, professional, or business licenses of obligors who are delinquent in court-ordered child support or subject to outstanding warrants for failure to appear for failure to comply with the terms of a court order for child support.
The definitions in G.S. 110-129 and G.S. 147-54.12 apply to this section and G.S. 110-142.1, and G.S. 110-142.2. In addition, to these sections the following definitions apply:
(1)	'Applicant' means any person applying for issuance or renewal of a license.
(2)	'Board' means any department, division, agency, officer, board, or other unit of State government that issues licenses.
(3)	'Certified list' means a list provided by the designated representative to the Department of Human Resources that verifies, under penalty of perjury, that the names contained therein are obligors who have been found to be out of compliance with a judgment or order for support in a IV-D case.
(4)	'Compliance with an order for support' means that, as set forth in a judgment or order for child support or family support, the obligor is no more than 90 calendar days in arrears in making payments for current support, in making periodic payments on a support arrearage, or in making periodic payments on a reimbursement for public assistance, has obtained a judicial finding that precludes enforcement of the order, or has entered into a payment schedule, including G.S. 110-142.1(h), for the child support arrearage with the approval of the obligee in a IV-D case.
(5)	'License' means (i) for the purposes of G.S. 110-142.1, a license, certificate, permit, registration, or any other authorization issued by a board that allows a person to engage in a business, occupation, or profession or (ii) for the purposes of G.S. 110-142.2, a license to operate a regular or commercial motor vehicle, or to participate in hunting, fishing, or trapping.
(6)	'Licensee' means any person holding a license.
(7)	'Obligor' means the individual who owes a duty to make child support payments under a court order.
"§ 110-142.1.  IV-D notified suspension, revocation, and issuance of occupational, professional, or business licenses of obligors who are delinquent in court-ordered child support or subject to outstanding warrants for failure to appear for failure to comply with the terms of a court order for child support.
(a)	Effective July 1, 1996, the Department of Human Resources may notify any board that a person licensed by that board is not in compliance with an order for child support.
(b)	The designated representative shall maintain a list of those obligors included in a IV-D case for which a child support order has been rendered by, or registered in, a court of this State, and who are not in compliance with that order.  The designated representative shall submit a certified list with the names, social security numbers, and last known address of these obligors and the name, address, and telephone number of the person who certified the list to the Department of Human Resources, Division of Social Services, Child Support Enforcement Office.  The designated representative shall verify, under penalty of perjury, that the obligors listed are subject to an order for the payment of support and that these persons are not in compliance with the order.  An updated certified list shall be submitted to the Department on a monthly basis.
The Department of Human Resources, Division of Social Services, Child Support Enforcement Office, shall consolidate the certified lists received from the designated representatives and, within 30 calendar days of receipt, shall furnish each board with a certified list of its obligors, as specified in this section.
(c)	Each board shall coordinate with the Department of Human Resources, Division of Social Services, Child Support Enforcement Office, in the development of forms and procedures to implement this section.
(d)	Promptly after receiving the certified list of obligors from the Department of Human Resources, each board shall determine whether its applicant or licensee is an obligor on the list. If the applicant or licensee is an obligor on the list, the board shall immediately send notice as specified in this subsection to the applicant or licensee of the board's intent to revoke or suspend the licensee's license in 20 days from the date of the notice, or that the board is withholding issuance or renewal of an applicant's license, until the designated representative certifies that the applicant or licensee is entitled to be licensed or reinstated. The notice shall be made personally or by certified mail to the obligor's last known mailing address on file with the board.
(e)	Unless notified by the designated representative as provided in subsection (h) of this section, the board shall revoke or suspend the obligor's license 20 days from the date of the notice to the obligor of the board's intent to revoke or suspend the license.  In the event that a license is revoked or application is denied pursuant to this section, the board is not required to refund fees paid by the obligor.
(f)	Notices shall be developed by each board in accordance with guidelines provided by the Department of Human Resources and shall be subject to the approval of the Department of Human Resources.  The notice shall include the address and telephone number of the designated representative who submitted the name on the certified list, and shall emphasize the necessity of obtaining a certification of compliance from the designated representative or the child support enforcement agency as a condition of issuance, renewal, or reinstatement of the license.  The notice shall inform the obligor that if a license is revoked or application is denied pursuant to this subsection, the board is not required to refund fees paid by the obligor.  The Department of Human Resources shall also develop a form that the obligor shall use to request a review by the designated representative.  A copy of this form shall be included with every notice sent pursuant to subsection (d) of this section.
(g)	The Department of Human Resources shall establish review procedures consistent with this section to allow an obligor to have the underlying arrearage and any relevant defenses investigated, to provide an obligor information on the process of obtaining a modification of a support order, or, if the circumstances so warrant, to provide an obligor assistance in the establishment of a payment schedule on arrears.
(h)	If the obligor wishes to challenge the submission of the obligor's name on the certified list or negotiate a payment schedule, the obligor shall within 14 days of the date of notice from the board request a review from the designated representative. The designated representative shall within six days of the date of the obligor's request for review notify the appropriate board of the obligor's request for review and direct the board to stay any action revoking or suspending the obligor's license until further notice from the designated representative.  The designated representative shall review the obligor's case and inform the obligor in writing of the representative's findings and decision  upon completion of the review.  The designated representative shall immediately send a notice to the appropriate board certifying the obligor's compliance with this section if the obligor is found to be no longer in arrears or negotiates an agreement with the designated representative for a payment schedule on arrears or reimbursement. The agreement shall also provide for the maintenance of current support obligations and shall be incorporated into a consent order to be entered by the court. If the obligor fails to meet the conditions of this subsection, the designated representative shall notify the appropriate board to immediately revoke or suspend the obligor's license. Upon receipt of notice from the designated representative, the board shall immediately revoke or suspend the obligor's license.
(i)	The designated representative shall notify the obligor in writing that the obligor may, by filing a motion, request any or all of the following:
(1)	Judicial review of the designated representative's decision.
(2)	A judicial determination of compliance.
(3)	A modification of the support order.
The notice shall also contain the name and address of the court in which the obligor shall file the motion and inform the obligor that the obligor's name shall remain on the certified list unless the judicial review results in a finding by the court that the obligor is no longer in arrears or that the obligor's license should be reinstated under subsection (k) of this section. The notice shall also inform the obligor that the obligor must comply with all statutes and rules of court regarding motions and notices of hearing and that any motion filed under this section is subject to the limitations of G.S. 50-13.10.
(j)	The motion for judicial review of the designated representative's decision shall state the grounds for which review is requested and judicial review shall be limited to those stated grounds.  After service of the request for review, the court shall hold an evidentiary hearing at the next regularly scheduled session for the hearing of child support matters in civil district court.  The request for judicial review shall be served by the obligor upon the designated representative who submitted the obligor's name on the certified list within seven calendar days of the filing of the motion.
(k)	If the judicial review results in a finding by the court that the obligor is no longer in arrears or that the obligor's license should be reinstated to allow the obligor an opportunity to comply with a payment schedule on arrears or reimbursement and current support obligations, the designated representative shall immediately send a notice to the appropriate board certifying the obligor's compliance with this section. In the event of appeal from the judicial review, the license revocation shall not be stayed unless the court specifically provides otherwise.
(l)	The Department of Human Resources shall prescribe forms for use by the designated representative.  When the obligor is no longer in arrears or negotiates an agreement with the designated representative for a payment schedule on arrears or reimbursement as provided in subsection (h) of this section, the designated representative shall mail to the obligor and the appropriate board a notice certifying that the obligor is in compliance.  The receipt of certification shall serve to notify the obligor and the board that, for the purposes of this section, the obligor is in compliance with the order for support.
(m)	The Department of Human Resources may enter into interagency agreements with the boards necessary to implement this section.
(n)	The procedures specified in Articles 3 and 3A of Chapter 150B of the General Statutes, the Administrative Procedure Act, shall not apply to the denial or failure to issue or renew a license pursuant to this section.
(o)	Any board receiving an inquiry as to the licensed status of an applicant or licensee who has had a license denied or revoked under this section shall respond only that the license was denied or revoked pursuant to this section.  Information collected pursuant to this section shall be confidential and shall not be disclosed except in accordance with the laws of this State.
(p)	If any provision of this section or its application to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
"§ 110-142.2.  Suspension, revocation, restriction of license to operate a motor vehicle or hunting, fishing, or trapping licenses; refusal of registration, issuance of certificate or transfer of title of motor vehicle.
(a)	Effective December 1, 1996, notwithstanding any other provision of law, when an obligor is at least 90 days in arrears in making child support payments, the child support enforcement agency may apply to the court, pursuant to the regular show cause and contempt provisions of G.S. 50-13.9(d), for an order doing any of the following:
(1)	Revoking the obligor's regular or commercial license to operate a motor vehicle;
(2)	Revoking the obligor's hunting, fishing, or trapping licenses;
(3)	Directing the Department of Transportation, Division of Motor Vehicles, to refuse, pursuant to G.S. 20-50.4, to register the obligor's motor vehicle or, pursuant to G.S. 20-54, refuse to issue a certificate of title for the obligor's motor vehicle or to transfer title of a motor vehicle to or from the obligor.
(b)	Upon finding that the obligor has willfully failed to comply with the child support order, and that the obligor is at least 90 days in arrears, the court may enter an order instituting the sanctions as provided in subsection (a) of this section. The court may stay the effectiveness of the sanctions upon conditions requiring the obligor to make full payment of the delinquency over time. Any such stay shall also be conditioned upon the obligor's maintenance of current child support. Upon entry of an order pursuant to this section that is not stayed, the obligor shall surrender any licenses revoked by the court's order to the child support enforcement agency and the agency shall forward a report to the appropriate licensing authority within 30 days of the order.
(c)	If the obligor's regular or commercial drivers license is revoked under this section and the court, after the hearing, makes a finding that a license to operate a motor vehicle is necessary to the obligor's livelihood, the court may issue a limited driving privilege, with those terms and conditions applying as the court shall prescribe. An obligor whose license has been revoked for reasons not related to this section and whose license remains revoked at the time of the hearing shall not be eligible and may not be issued a limited driving privilege. The court may modify or revoke the limited driving privilege pursuant to G.S. 20-179.3(i).
(d)	An obligor may file a request with the child support enforcement agency for certification that the obligor is no longer delinquent in child support payments upon submission of proof satisfactory to the child support enforcement agency that the obligor has paid the delinquent amount in full.  The child support enforcement agency shall provide a form to be used by the obligor for a request for certification.  If the child support enforcement agency finds that the obligor has met the requirements for reinstatement under this subsection, then the child support enforcement agency shall certify that the obligor is no longer delinquent and shall provide a copy of the certification to the obligor.
(e)	If licensing privileges are revoked under this section, the obligor may petition the district court for a reinstatement of such privileges. The court may order the privileges reinstated conditioned upon full payment of the delinquency over time. Any order allowing license reinstatement shall additionally require the obligor's maintenance of current child support. Upon reinstatement under this subsection, the child support enforcement agency shall certify that the obligor is no longer delinquent and shall provide a copy of the certification to the obligor.
(f)	Upon receipt of certification under subsection (d) or (e) of this section, the Division of Motor Vehicles shall reinstate the license to operate a motor vehicle in accordance with G.S. 20-24.1, and remove any restriction of the obligor's motor vehicle registration and issuance or transfer of certificate of title.
(g)	Upon receipt of certification under subsection (d) or (e) of this section, the licensing board having jurisdiction over the obligor's hunting, fishing, or trapping license shall reinstate the license.
(h)	If the court imposes sanctions under subdivision (3) of subsection (a) of this section and the sanctions are stayed upon conditions as provided in subsection (b) of this section, the child support enforcement agency may, without any further application to the court, notify the Division of Motor Vehicles if the obligor violates the terms and conditions of the stay. The Division shall then take such action as provided in subdivision (3) of subsection (a) of this section. The Division shall not remove any restriction of the obligor's motor vehicle registration and issuance or transfer of certificate of title, until receipt of certification pursuant to subsection (d) or (e) of this section.
(i)	The Department of Human Resources, the Administrative Office of the Courts, the Division of Motor Vehicles, and the Department of Environment, Health, and Natural Resources shall work together to develop the forms and procedures necessary for the implementation of this process."
Sec. 2.  (a)	G.S. 20-15.1 reads as rewritten:
"§ 20-15.1.  Revocations when licensing privileges forfeited.
The Division shall revoke the license of a person whose licensing privileges have been forfeited under G.S. 15A-1331A, 50-13.12, and 110-142.2.  If a revocation period set by this Chapter is longer than the revocation period resulting from the forfeiture of licensing privileges, the revocation period in this Chapter applies."
(b)	G.S. 20-17 is amended by adding a new subdivision to read:
"(12)	On the basis of information provided by the child support enforcement agency or the clerk of court, the Division shall ensure that no license or right to operate a motor vehicle under this Chapter is renewed or issued to an obligor who is delinquent in making child support payments when a court of record has issued a revocation order pursuant to G.S. 110-142.2 or G.S. 50-13.12. The obligor shall not be entitled to any other hearing before the Division as a result of the revocation of his license pursuant to G.S. 110-142.2 or G.S. 50-13.12."
(c)	G.S. 20-24 reads as rewritten:
"§ 20-24.  When court or child support enforcement agency to forward license to Division and report convictions, child support delinquencies, and prayers for judgment continued.
(a)	License. – A court that convicts a person of an offense that requires revocation of the person's drivers license or revokes a person's drivers license pursuant to G.S. 50-13.12 shall require the person to give the court any regular or commercial drivers license issued to that person.  A court that convicts a person of an offense that requires disqualification of the person but would not require revocation of a regular drivers license issued to that person shall require the person to give the court any Class A or Class B regular drivers license and any commercial drivers license issued to that person.
The clerk of court in a non-IV-D case, and the child support enforcement agency in a IV-D case, shall accept a drivers license required to be given to the court under this subsection.  A clerk of court or the child support enforcement agency who receives a drivers license shall give the person whose license is received a copy of a dated receipt for the license.  The receipt must be on a form approved by the Commissioner.  A revocation or disqualification for which a license is received under this subsection is effective as of the date on the receipt for the license.
The clerk of court or the child support enforcement agency shall notify the Division of a license received under this subsection either by forwarding to the Division the license, a record of the conviction for which the license was received, a copy of the court order revoking the license for failure to pay child support for which the license was received, and the original dated receipt for the license or by electronically sending to the Division the information on the license, the record of conviction or court order revoking the license for failure to pay child support, and the receipt given for the license.  The clerk of court or the child support enforcement agency must forward the required items unless the Commissioner has given the clerk of court or the child support enforcement agency approval to notify the Division electronically.  If the clerk of court or the child support enforcement agency notifies the Division electronically, the clerk of court or the child support enforcement agency must destroy a license received after sending to the Division the required information.  The clerk of court or the child support enforcement agency shall notify the Division within 30 days after entry of the conviction or court order revoking the license for failure to pay child support for which the license was received.
(b)	Convictions, court orders of drivers license revocations, and PJCs. – The clerk of court shall send the Division a record of any of the following:
(1)	A conviction of a violation of a law regulating the operation of a vehicle.
(2)	A conviction for which the convicted person is placed on probation and a condition of probation is that the person not drive a motor vehicle for a period of time, stating the period of time for which the condition applies.
(3)	A conviction of a felony in the commission of which a motor vehicle is used, when the judgment includes a finding that a motor vehicle was used in the commission of the felony.
(4)	A conviction that requires revocation of the drivers license of the person convicted and is not otherwise reported under subdivision (1).
(4a)	A court order revoking drivers license pursuant to G.S. 50-13.12.
(5)	An order entering prayer for judgment continued in a case involving an alleged violation of a law regulating the operation of a vehicle.
The child support enforcement agency shall send the Division a record of any court order revoking drivers license pursuant to G.S. 110-142.2(a)(1).
With the approval of the Commissioner, the clerk of court or the child support enforcement agency may forward a record of conviction, court order revoking drivers license, or prayer for judgment continued to the Division by electronic data processing means.
(b1)	In any case in which the Division, for any reason, does not receive a record of a conviction or a prayer for judgment continued until more than one year after the date it is entered, the Division may, in its discretion, substitute a period of probation for all or any part of a revocation or disqualification required because of the conviction or prayer for judgment continued.
(c)	Repealed by Session Laws 1991, c. 726, s. 10.
(d)	Scope. – This Article governs drivers license revocation and disqualification.  A drivers license may not be revoked and a person may not be disqualified except in accordance with this Article.
(e)	Special Information. – A judgment for a conviction for an offense for which special information is required under this subsection shall, when appropriate, include a finding of the special information.  The convictions for which special information is required and the specific information required is as follows:
(1)	Homicide. – If a conviction of homicide involves impaired driving, the judgment must indicate that fact.
(2)	G.S. 20-138.1, Driving While Impaired. – If a conviction under G.S. 20-138.1 involves a commercial motor vehicle, the judgment must indicate that fact.  If a conviction under G.S. 20-138.1 involves a commercial motor vehicle that was transporting a hazardous substance required to be placarded, the judgment must indicate that fact.
(3)	G.S. 20-138.2, Driving Commercial Motor Vehicle While Impaired. – If the commercial motor vehicle involved in an offense under G.S. 20-138.2 was transporting a hazardous material required to be placarded, a judgment for that offense must indicate that fact.
(4)	G.S. 20-166, Hit and Run. – If a conviction under G.S. 20-166 involves a commercial motor vehicle, the judgment must indicate that fact. If a conviction under G.S. 20-166 involves a commercial motor vehicle that was transporting a hazardous substance required to be placarded, the judgment must indicate that fact.
(5)	Felony Using Commercial Motor Vehicle. – If a conviction of a felony in which a commercial motor vehicle was used involves the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance, the judgment must indicate that fact.  If a commercial motor vehicle used in a felony was transporting a hazardous substance required to be placarded, the judgment for that felony must indicate that fact."
(d)	G.S. 20-24.1(c) reads as rewritten:
"(c)	If the person satisfies the conditions of subsection (b) that are applicable to his case before the effective date of the revocation order, the revocation order and any entries on his driving record relating to it shall be deleted and the person does not have to pay the restoration fee set by G.S. 20-7(i1).  For all other revocation orders issued pursuant to this section, G.S. 50-13.12 or G.S. 110-142.2, the person must pay the restoration fee and satisfy any other applicable requirements of this Article before the person may be relicensed."
(e)  G.S. 20-28(a) reads as rewritten:
"(a)	Driving While License Revoked. – Except as provided in subsection (a1) of this section, any person whose drivers license has been revoked who drives any motor vehicle upon the highways of the State while the license is revoked is guilty of a Class 1 misdemeanor.  Upon conviction, the person's license shall be revoked for an additional period of one year for the first offense, two years for the second offense, and permanently for a third or subsequent offense.
The restoree of a revoked drivers license who operates a motor vehicle upon the highways of the State without maintaining financial responsibility as provided by law shall be punished as for driving without a license."
(f)  G.S. 20-28(a1) reads as rewritten:
"(a1)	Driving Without Reclaiming License. – A person convicted under subsection (a) shall be punished as if the person had been convicted of driving without a license under G.S. 20-35 if the person demonstrates to the court that either subdivisions (1) and (2), or subdivision (3) of this subsection is true:
(1)	At the time of the offense, the person's license was revoked solely under G.S. 20-16.5; and
(2)	a.	The offense occurred more than 30 days after the effective date of a revocation order issued under G.S. 20-16.5(f) and the period of revocation was 30 days as provided under subdivision (3) of that subsection; or
b.	The offense occurred more than 10 days after the effective date of the revocation order issued under any other provision of G.S. 20-16.5; or
(3)	At the time of the offense the person had met the requirements of G.S. 50-13.12, or G.S. 110-142.2 and was eligible for reinstatement of the person's drivers license privilege as provided therein.
In addition, a person punished under this subsection shall be treated for drivers license and insurance rating purposes as if the person had been convicted of driving without a license under G.S. 20-35, and the conviction report sent to the Division must indicate that the person is to be so treated."
(g)  Effective December 1, 1996, G.S. 20-50.4 reads as rewritten:
"§ 20-50.4.  Division to refuse to register vehicles on which taxes are delinquent and when there is a failure to meet court-ordered child support obligations.
Upon receiving the list of motor vehicle owners and motor vehicles sent by county tax collectors pursuant to G.S. 105-330.7 or a report from a child support enforcement agency that sanctions pursuant to G.S. 110-142.2(a)(3) have been imposed, the Division shall refuse to register for the owner named in the list any vehicle identified in the list until the vehicle owner presents the Division with a paid tax receipt identifying the vehicle for which registration was refused or, if the owner was on the report furnished by a child support enforcement agency, the Division shall refuse to register a vehicle for the owner until such time as the Division receives certification pursuant to G.S. 110-142.2.
The Division shall not refuse to register a vehicle for a person, not named in the list, to whom the vehicle has been transferred in good faith.  Where a motor vehicle owner named in the list has transferred the registration plates from the motor vehicle identified in the list to another motor vehicle pursuant to G.S. 20-64 during the first vehicle's tax year, the Division shall refuse registration of the second vehicle until the vehicle owner presents the Division with a paid tax receipt identifying the vehicle from which the plates were transferred."
(h) Effective December 1, 1996, G.S. 20-54 reads as rewritten:
"§ 20-54.  Authority for refusing registration, certificate of title, or transfer of title.
The Division shall refuse registration or issuance of a certificate of title or any transfer of registration upon any of the following grounds:
(1)	The application contains a false or fraudulent statement, the applicant has failed to furnish required information or reasonable additional information requested by the Division, or the applicant is not entitled to the issuance of a certificate of title or registration of the vehicle under this Article.
(2)	The vehicle is mechanically unfit or unsafe to be operated or moved upon the highways.
(3)	The Division has reasonable ground to believe that the  vehicle is a stolen or embezzled vehicle, or that the granting of registration or the issuance of a certificate of title would constitute a fraud against the rightful owner or another person who has a valid lien against the vehicle.
(4)	The registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this State.
(5)	The required fee has not been paid.
(6)	The vehicle is not in compliance with the emissions inspection requirements of Part 2 of Article 3A of this Chapter or a civil penalty assessed as a result of the failure of the vehicle to comply with that Part has not been paid.
(7)	That the Division of Motor Vehicles has been notified by a child support enforcement agency that the applicant, title holder, or person to or from whom the title is being transferred has been sanctioned pursuant to G.S. 110-142.2(a)(3)."
(i) G.S. 20-179.3(k) reads as rewritten:
"(k)	Copy of Limited Driving Privilege to Division; Action Taken if Privilege Invalid. – The clerk of court or the child support enforcement agency must send a copy of any limited driving privilege issued in the county to the Division.  A limited driving privilege that is not authorized by this section, G.S. 20-16.2(e1), 20-16.1, 50-13.12, or 110-142.2, or that does not contain the limitations required by law, is invalid.  If the limited driving privilege is invalid on its face, the Division must immediately notify the court and the holder of the privilege that it considers the privilege void and that the Division records will not indicate that the holder has a limited driving privilege."
(i1)  G.S. 150B-3 reads as rewritten:
"§ 150B-3.  Special provisions on licensing.
(a)	When an applicant or a licensee makes a timely and sufficient application for issuance or renewal of a license or occupational license, including the payment of any required license fee, the existing license or occupational license does not expire until a decision on the application is finally made by the agency, and if the application is denied or the terms of the new license or occupational license are limited, until the last day for applying for judicial review of the agency order. This subsection does not affect agency action summarily suspending a license or occupational license under subsections (b) and (c) of this section.
(b)	Before the commencement of proceedings for the suspension, revocation, annulment, withdrawal, recall, cancellation, or amendment of any license other than an occupational license, the agency shall give notice to the licensee, pursuant to the provisions of G.S. 150B-23. Before the commencement of such proceedings involving an occupational license, the agency shall give notice pursuant to the provisions of G.S. 150B-38. In either case, the licensee shall be given an opportunity to show compliance with all lawful requirements for retention of the license or occupational license.
(c)	If the agency finds that the public health, safety, or welfare requires emergency action and incorporates this finding in its order, summary suspension of a license or occupational license may be ordered effective on the date specified in the order or on service of the certified copy of the order at the last known address of the licensee, whichever is later, and effective during the proceedings. The proceedings shall be promptly commenced and determined.
Nothing in this subsection shall be construed as amending or repealing any special statutes, in effect prior to February 1, 1976, which provide for the summary suspension of a license.
(d)	This section does not apply to revocations of occupational licenses based solely on a court order of child support delinquency or a Department of Human Resources determination of child support delinquency issued pursuant to G.S. 110-142, 110-142.1, 110-142.2."
TITLE II.  CLARIFICATION OF THE DUTIES AND RESPONSIBILITIES OF THE CHILD SUPPORT ENFORCEMENT PROGRAM AS IT RELATES TO MODIFICATION OF CHILD SUPPORT ORDERS AND LOCATING ABSENT PARENTS.
Sec. 3.  G.S. 110-130.1 reads as rewritten:
"§ 110-130.1.  Non-AFDC services.
(a)	All child support collection and paternity determination services provided under this Article to recipients of public assistance shall be made available to any individual not receiving public assistance in accordance with federal law and as contractually authorized by the nonrecipient, upon proper application and payment of a nonrefundable application fee of ten dollars ($10.00).
(b)	Repealed by Session Laws 1989, c. 490.
(b1)	In cases in which a public assistance debt which accrued pursuant to G.S. 110-135 remains unrecovered, support payments shall be transmitted to the Department of Human Resources for appropriate distribution. When services are terminated and all costs and any public assistance debts have been satisfied, the support payment shall be redirected to the client.
(c)	Actions or proceedings to establish, enforce, or modify a duty of support or establish paternity as initiated under this Article shall be brought in the name of the county or State agency on behalf of the public assistance recipient or nonrecipient client. Collateral disputes between a custodial parent and noncustodial parent, involving visitation, custody and similar issues, shall be considered only in separate proceedings from actions initiated under this Article. The attorney representing the designated representative of programs under Title IV-D of the Social Security Act shall be deemed attorney of record only for proceedings under this Article, and not for the separate proceedings.  No attorney/client relationship shall be considered to have been created between the attorney who represents the child support enforcement agency and any person by virtue of the action of the attorney in providing the services required.
(c1)	The Department is hereby authorized to use the electronic and print media in attempting to locate absent and deserting parents. Due diligence must be taken to ensure that the information used is accurate or has been verified. Print media shall be under no obligation or duty, except that of good faith, to anyone to verify the correctness of any information furnished to it by the Department or county departments of social services.
(d)	Any fee imposed by the North Carolina Department of Revenue or the Secretary of the Treasury to cover their costs of withholding for non-AFDC arrearages certified for the collection of past due support from State or federal income tax refunds shall be borne by the client by deducting the fee from the amount collected.
Any income tax refund offset amounts which are subsequently determined to have been incorrectly withheld and distributed to a client, and which must be refunded by the State to a responsible parent or the nondebtor spouse, shall constitute a debt to the State owed by the client."
TITLE III.  CLARIFICATION OF THE AUTHORITY OF THE DEPARTMENT OF HUMAN RESOURCES TO ACCESS FINANCIAL INFORMATION ON ABSENT PARENTS FOR THE ENFORCEMENT OF CHILD SUPPORT OBLIGATIONS.
Sec. 4.  G.S. 110-139 is amended by adding the following new subsections to read:
"( d)	Notwithstanding any other provision of law making this information confidential, including Chapter 53B of the General Statutes, any utility company or financial institution, including federal, State, commercial, or savings banks, savings and loan associations and cooperative banks, federal or State chartered credit unions, benefit associations, insurance companies, safe deposit companies, money market mutual funds, and investment companies doing business in this State or incorporated under the laws of this State shall provide the Department of Human Resources with the following information upon certification by the Department that the information is needed to locate a parent for the purpose of collecting child support or to establish or enforce an order for child support: full name, social security number, address, telephone number, account numbers, and other identifying data for any person who maintains an account at the utility company or financial institution. A utility company or financial institution that discloses information pursuant to this subsection in good faith reliance upon certification by the Department is not liable for damages resulting from the disclosure.
(e)	Subsection (d) of this section shall not apply to telecommunication utilities or providers of electronic communication service to the general public."
TITLE IV.  CLARIFICATION AND MAKING UNIFORM THE ABILITY OF PARENTS OF LEGITIMATE CHILDREN TO ENTER INTO VOLUNTARY SUPPORT AGREEMENTS.
Sec. 5.  G.S. 110-133 reads as rewritten:
"§ 110-133.  Agreements of support.
In lieu of or in conclusion of any legal proceeding instituted to obtain support from a responsible parent for a dependent child born of the marriage, a written agreement to support the child by periodic payments executed by the responsible parent when acknowledged before a certifying officer or notary public or the equivalent or corresponding person of the state, territory, or foreign country where the acknowledgment is made and filed with and approved by a judge of the district court in the county where the custodial parent of the child resides or is found, or in the county where the noncustodial parent resides or is found, or in the county where the child resides or is found shall have the same force and effect, retroactively and prospectively, in accordance with the terms of the agreement, as an order of support entered by the court, and shall be enforceable and subject to modification in the same manner as is provided by law for orders of the court in such cases."
TITLE V.  INSURER'S DUTY TO ASCERTAIN ANY PAST-DUE CHILD SUPPORT OBLIGATION BEFORE PAYING INSURANCE SETTLEMENT.
Sec. 6.  (a)	Effective July 1, 1996, Article 9 of Chapter 44 of the General Statutes is amended by adding the following new section to read:
"§ 44-49.1. Lien created for payment of past-due child support obligations.
(a)	In the event that the Department of Human Resources or any other obligee, as defined in G.S. 110-129, informs an insurance company authorized to issue policies of insurance pursuant to this Chapter that a claimant or beneficiary under a contract of insurance owes past-due child support and accompanies this information with a certified copy of the court order ordering support together with proof that the claimant or beneficiary is past due in meeting this obligation, there is created a lien upon any insurance proceeds in favor of the Department or obligee.   This section shall apply only in those instances in which there is a nonrecurring payment of a lump-sum amount equal to or in excess of three thousand dollars ($3,000) or periodic payments with an aggregate amount that equals or exceeds three thousand dollars ($3,000)."
(b)	Effective July 1, 1996, G.S. 44-50 reads as rewritten:
"§ 44-50.  Receiving person charged with duty of retaining funds for purpose stated; evidence; attorney's fees; charges.
Such a lien as provided for in G.S. 44-49 or G.S. 44-49.1 shall also attach upon all funds paid to any person in compensation for or settlement of the said injuries, whether in litigation or otherwise; and it shall be the duty of any person receiving the same before disbursement thereof  to retain out of any recovery or any compensation so received a sufficient amount to pay the just and bona fide claims for such drugs, medical supplies, ambulance service and medical attention and/or hospital service, after having received and accepted notice thereof: Provided, that evidence as to the amount of such charges shall be competent in the trial of any such action: Provided, further, that nothing herein contained shall be construed so as to interfere with any amount due for attorney's services: Provided, further, that the lien hereinbefore provided for shall in no case, exclusive of attorneys' fees, exceed fifty percent (50%) of the amount of moneys recovered."
TITLE VI.   REPEAL OF THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT AND ENACTMENT OF THE UNIFORM INTERSTATE FAMILY SUPPORT ACT.
Sec. 7. (a)	Effective January 1, 1996, Chapter 52A of the General Statutes is repealed.
(b)	The repeal of the Uniform Reciprocal Enforcement of Support Act under subsection (a) of this section does not affect pending actions, rights, duties, or liabilities based on the Act, nor does it alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the Act.  After the effective date of this act, all laws repealed shall be treated as remaining in full force and effect for the purpose of sustaining any pending or vested right as of the effective date of this act and for the enforcement of rights, duties, penalties, forfeitures, and liabilities under the repealed laws.
(c)	Effective January 1, 1996, the General Statutes are amended by adding the following new Chapter to read:
"Chapter 52C.
"Uniform Interstate Family Support Act.
"ARTICLE 1.
"General Provisions.
"§ 52C-1-100.  Short title.
This Chapter may be cited as the Uniform Interstate Family Support Act.
"§ 52C-1-101.  Definitions.
As used in this Article, unless the context clearly requires otherwise, the term:
(1)	'Child' means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.
(2)	'Child support order' means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.
(3)	'Duty of support' means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.
(4)	'Home state' means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six-months old, the state in which the child lived from birth with any of them.  A period of temporary absence of any of them is counted as part of the six-month or other period.
(5)	'Income' includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this State.
(6)	'Income-withholding order' means an order or other legal process directed to a payer of income to withhold support from the income of the obligor.
(7)	'Initiating state' means a state in which a proceeding under this Act or a law substantially similar to this Act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act is filed for forwarding to a responding state.
(8)	'Initiating tribunal' means the authorized tribunal in an initiating state.
(9)	'Issuing state' means the state in which a tribunal issues a support order or renders a judgment determining parentage.
(10)	'Issuing tribunal' means the tribunal that issues a support order or renders a judgment determining parentage.
(11)	'Law' includes decisional and statutory law and rules and regulations having the force of law.
(12)	'Obligee' means:
(i)	An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;
(ii)	A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or
(iii)	An individual seeking a judgment determining parentage of the individual's child.
(13)	'Obligor' means an individual, or the estate of a decedent:
(i)	Who owes or is alleged to owe a duty of support;
(ii)	Who is alleged but has not been adjudicated to be a parent of a child; or
(iii)	Who is liable under a support order.
(14)	'Register' means to file a support order or judgment determining paternity in the appropriate location for the recording or filing of foreign judgments generally or foreign support orders specifically.
(15)	'Registering tribunal' means a tribunal in which a support order is registered.
(16)	'Responding state' means a state to which a proceeding is forwarded under this Act or a law substantially similar to this Act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
(17)	'Responding tribunal' means the authorized tribunal in a responding state.
(18)	'Spousal-support order' means a support order for a spouse or former spouse of the obligor.
(19)	'State' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States.  The term 'state' includes an Indian tribe and includes a foreign jurisdiction that has established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this Chapter.
(20)	'Support enforcement agency' means a public official or agency authorized to seek enforcement of support orders or duties of support, to seek establishment or modification of child support, to seek determination of paternity, or to locate obligors or their assets.
(21)	'Support order' means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrears, or reimbursement, and may include related costs and fees, interest, income withholding, attorneys' fees, and other relief.
(22)	'Tribunal' means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine paternity, except that, for matters heard in this State, tribunal means the General Court of Justice, District Court Division.
"§ 52C-1-102.  District court has jurisdiction under this Act.
The General Court of Justice, District Court Division is the court authorized to hear matters under this Act.
"§ 52C-1-103.  Remedies.
Remedies provided by this Act are cumulative and do not affect the availability of remedies under other law.
"ARTICLE 2.
"Jurisdiction.
"Part 1.  Extended Personal Jurisdiction.
"§ 52C-2-201.  Bases for jurisdiction over nonresident.
In a proceeding to establish, enforce, or modify a support order or to determine parentage, 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 a summons and complaint within this State;
(2)	The individual submits to the jurisdiction of this State by consent, 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 paternity in an affidavit which has been filed with the clerk of superior court; or
(8)	There is any other basis consistent with the constitutions of this State and the United States for the exercise of personal jurisdiction.
"§ 52C-2-202.  Procedure when exercising jurisdiction over nonresident.
A court of this State exercising personal jurisdiction over a nonresident under G.S. 52C-2-201 may apply G.S. 52C-3-315 to receive evidence from another state, and G.S. 52C-3-317 to obtain discovery through a tribunal of another state.  In all other respects, Articles 3 through 7 of this Chapter do not apply and the tribunal shall apply the procedural and substantive law of this State, including the rules on choice of law other than those established by this Chapter.
"Part 2.  Proceedings Involving Two or More States.
"§ 52C-2-203.  Initiating and responding tribunal of this State.
Under this Chapter, a tribunal of this State may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state.
"§ 52C-2-204.  Simultaneous proceedings in another state.
(a)	A tribunal of this State may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state only if:
(1)	The petition or comparable pleading in this State is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;
(2)	The contesting party timely challenges the exercise of jurisdiction in the other state; 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 if:
(1)	The petition or comparable pleading in the other state 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 is the home state of the child.
"§ 52C-2-205.  Continuing, exclusive jurisdiction.
(a)	A tribunal of this State issuing a support order consistent with the law of this State has continuing, exclusive jurisdiction over a child support order:
(1)	As long as this State remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(2)	Until each individual party has filed written consent with the tribunal of this State for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.
(b)	A tribunal of this State issuing a child support order consistent with the law of this State may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to a law substantially similar to this Chapter.
(c)	If a child support order of this State is modified by a tribunal of another state pursuant to a law substantially similar to this Chapter, a tribunal of this State loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this State, and may only:
(1)	Enforce the order that was modified as to amounts accruing before the modification;
(2)	Enforce nonmodifiable aspects of that order; and
(3)	Provide other appropriate relief for violations of that order which occurred before the effective date of the modification.
(d)	A tribunal of this State shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to a law substantially similar to this Chapter.
(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.
(f)	A tribunal of this State issuing a support order consistent with the law of this State has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation.  A tribunal of this State may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.
"§ 52C-2-206.  Enforcement and modification of support order by tribunal having continuing jurisdiction.
(a)	A tribunal of this State may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state.
(b)	A tribunal of this State having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order.  If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply G.S. 52C-3-315 to receive evidence from another state and G.S. 52C-3-317 to obtain discovery through a tribunal of another state.
(c)	A tribunal of this State which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state.
"Part 3.  Reconciliation With Orders of Other States.
"§ 52C-2-207.  Recognition of child support orders.
(a)	If a proceeding is brought under this Chapter, and one or more child support orders have been issued in this or another state with regard to an obligor and a child, a tribunal of this State shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction:
(1)	If only one tribunal has issued a child support order, the order of that tribunal must be recognized.
(2)	If two or more tribunals have issued child support orders for the same obligor and child, and only one of the tribunals would have continuing, exclusive jurisdiction under this Chapter, the order of that tribunal must be recognized.
(3)	If two or more tribunals have issued child support orders for the same obligor and child, and more than one of the tribunals would have continuing, exclusive jurisdiction under this Chapter, an order issued by a tribunal in the current home state of the child must be recognized, but if an order has not been issued in the current home state of the child, the order most recently issued must be recognized.
(4)	If two or more tribunals have issued child support orders for the same obligor and child, and none of the tribunals would have continuing, exclusive jurisdiction under this Chapter, the tribunal of this State may issue a child support order, which must be recognized.
(b)	The tribunal that has issued an order recognized under subsection (a) of this section is the tribunal having continuing, exclusive jurisdiction.
"§ 52C-2-208.  Multiple child support orders for two or more obligees.
In responding to multiple 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, a tribunal of this State shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of this State.
"§ 52C-2-209.  Credit for payments.
Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of this State.
"ARTICLE 3.
"Civil Provisions of General Application.
"§ 52C-3-301.  Proceedings under this Chapter.
(a)	Except as otherwise provided in this Chapter, this Article applies to all proceedings under this Chapter.
(b)	This Chapter provides for the following proceedings:
(1)	Establishment of an order for spousal support or child support pursuant to Article 4 of this Chapter;
(2)	Enforcement of a support order and income withholding order of another state without registration pursuant to Article 5 of this Chapter;
(3)	Registration of an order for spousal support or child support of another state or enforcement pursuant to Article 6 of this Chapter;
(4)	Modification of an order for child support or spousal support issued by a tribunal of this State pursuant to Article 2, Part 2 of this Chapter;
(5)	Registration of an order for child support of another state for modification pursuant to Article 6 of this Chapter;
(6)	Determination of paternity pursuant to Article 7 of this Chapter; and
(7)	Assertion of jurisdiction over nonresidents pursuant to Article 2, Part 1 of this Chapter.
(c)	An individual petitioner or a support enforcement agency may commence 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 which has or can obtain personal jurisdiction over the respondent.
"§ 52C-3-302.  Action 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.
"§ 52C-3-303.  Application of law of this State.
Except as otherwise provided by this Chapter, a responding tribunal of this State:
(1)	Shall apply the procedural and substantive law, including the rules on choice of 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)	Shall determine the duty of support and the amount payable in accordance with the law and support guidelines of this State.
"§ 52C-3-304.  Duties of initiating tribunal.
Upon the filing of a petition authorized by this Chapter, an initiating tribunal of this State shall forward three copies of 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.
"§ 52C-3-305.  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 G.S. 52C-3-301(c) it shall cause the petition or pleading to be filed and notify the petitioner by first-class mail where and when it was filed.
(b)	A responding tribunal of this State, to the extent otherwise authorized by law, may do one or more of the following:
(1)	Issue or enforce a support order, modify a child support order, or render a judgment to determine parentage;
(2)	Order an obligor to comply with a support order, specifying the amount and the manner of compliance;
(3)	Order income withholding;
(4)	Determine the amount of any arrears, 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, telephone number, employer, address of employment, and telephone number at the place of employment;
(9)	Issue an order for arrest for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the order for arrest in any local and State computer systems for criminal warrants;
(10)	Order the obligor to seek appropriate employment by specified methods;
(11)	Award reasonable attorneys' 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 by first-class mail to the petitioner and the respondent and to the initiating tribunal, if any.
"§ 52C-3-306.  Inappropriate tribunal.
If a petition or comparable pleading is received by an inappropriate tribunal of this State, it shall forward the pleading and accompanying documents to an appropriate tribunal in this State or another state and notify the petitioner by first-class mail where and when the pleading was sent.
"§ 52C-3-307.  Duties of support enforcement agency.
(a)	A support enforcement agency of this State, upon request, shall provide services to a petitioner in a proceeding under this Chapter.
(b)	A support enforcement agency that is providing services to the petitioner as appropriate shall:
(1)	Take all steps necessary to enable an appropriate tribunal in this State or another state to obtain jurisdiction over the respondent;
(2)	Request an appropriate tribunal to set a date, time, and place for a hearing;
(3)	Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(4)	Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal, send a copy of the notice by first-class mail to the petitioner;
(5)	Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication by first-class mail to the petitioner; and
(6)	Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(c)	This Chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
"§ 52C-3-308.  Representation of obligee.
It shall be the duty of the district attorney to represent the obligee in proceedings authorized by this Chapter unless alternative arrangements are made by the obligee. An obligee may employ private counsel to represent the obligee in proceedings authorized by this Chapter.
"§ 52C-3-309.  Duties of State information agency.
(a)	The Department of Human Resources, Division of Social Services, is designated as the State information agency under this Chapter.
(b)	The State information agency shall:
(1)	Compile and maintain a current list, including addresses, of the tribunals in this State which have jurisdiction under this Chapter and any support enforcement agencies in this State and transmit a copy to the state information agency of every other state;
(2)	Maintain a register of tribunals and support enforcement agencies received from other states;
(3)	Forward to the appropriate tribunal in the place in this State in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this Chapter received from an initiating tribunal or the state information agency of the initiating state; and
(4)	Obtain information concerning the location of the obligor and the obligor's property within this State not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, drivers licenses, and social security.
"§ 52C-3-310.  Pleadings and accompanying documents.
(a)	A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this Chapter must verify the petition.  Unless otherwise ordered under G.S. 52C-3-311, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee, and the name, sex, residential address, social security number, and date of birth of each child for whom support is sought.  The petition must be accompanied by a certified copy of any support order in effect.  The petition may include any other information that may assist in locating or identifying the respondent.
(b)	The petition must specify the relief sought.  The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
"§ 52C-3-311.  Nondisclosure of information in exceptional circumstances.
Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this Chapter.
"§ 52C-3-312.  Costs and fees.
(a)	The petitioner shall not be required to pay a filing fee or other costs.
(b)	If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorneys' fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses.  The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law.  Attorneys' fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name.  Payment of support owed to the obligee has priority over fees, costs, and expenses.
(c)	The tribunal shall order the payment of costs and reasonable attorneys' fees if it determines that a hearing was requested primarily for delay.  In a proceeding under Article 6 of this Chapter, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
"§ 52C-3-313.  Limited immunity of petitioner.
(a)	Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(b)	A petitioner is not amenable to service of civil process while physically present in this State to participate in a proceeding under this Chapter.
(c)	The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this Chapter committed by a party while present in this State to participate in the proceeding.
"§ 52C-3-314.  Nonparentage as defense.
A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this Chapter.
"§ 52C-3-315.  Special rules of evidence and procedure.
(a)	The physical presence of the petitioner in a responding tribunal of this State is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage.
(b)	A verified petition, affidavit, document substantially complying with federally mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state.
(c)	A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal.  The copy is evidence of facts asserted in it and is admissible to show whether payments were made.
(d)	Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.
(e)	Documentary evidence transmitted from another state to a tribunal of this State by telephone, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.
(f)	In a proceeding under this Chapter, a tribunal of this State may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state.  A tribunal of this State shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.
(g)	If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
(h)	A privilege against disclosure of communication between spouses does not apply in a proceeding under this Chapter.
(i)	The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this Chapter.
"§ 52C-3-316.  Communications between tribunals.
A tribunal of this State may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state.  A tribunal of this State may furnish similar information by similar means to a tribunal of another state.
"§ 52C-3-317.  Assistance with discovery.
A tribunal of this State may request a tribunal of another state to assist in obtaining discovery, and upon request, may compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state.
"§ 52C-3-318.  Receipt and disbursement of payments.
A support enforcement agency or tribunal of this State shall disburse promptly any amounts received pursuant to a support order, as directed by the order.  The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received.
"ARTICLE 4.
"Establishment of Support Order.
"§ 52C-4-401.  Petition to establish support order.
(a)	If a support order entitled to recognition under this Chapter has not been issued, a responding tribunal of this State may issue a support order if:
(1)	The individual seeking the order resides in another state; or
(2)	The support enforcement agency seeking the order is located in another state.
(b)	The tribunal may issue a temporary child support order if:
(1)	The respondent has signed a verified statement acknowledging parentage;
(2)	The respondent has been determined by or pursuant to law to be the parent; or
(3)	There is other clear and convincing evidence that the respondent is the child's parent.
(c)	Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to G.S. 52C-3-305.
"ARTICLE 5.
"Direct Enforcement of Order
of Another State Without Registration.
"§ 52C-5-501.  Recognition of income-withholding order of another state.
(a)	An income-withholding order issued in another state may be sent by first-class mail to the person or entity defined or identified as the obligor's employer under the income-withholding provisions of Chapter 50 or Chapter 110 of the General Statutes, as applicable, without first filing a petition or comparable pleading or registering the order with a tribunal of this State.  Upon receipt of the order, the employer shall:
(1)	Treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this State;
(2)	Immediately provide a copy of the order to the obligor; and
(3)	Distribute the funds as directed in the withholding order.
(b)	An obligor may contest the validity or enforcement of an income-withholding order issued in another state in the same manner as if the order had been issued by a tribunal of this State.  G.S. 52C-6-604 applies to the contest.  The obligor shall give notice of the contest to any support enforcement agency providing services to the obligee and to:
(1)	The person or agency designated to receive payments in the income-withholding order; or
(2)	If no person or agency is designated, the obligee.
"§ 52C-5-502.  Administrative enforcement of orders.
(a)	A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this State.
(b)	Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this State to enforce a support order or an income-withholding order, or both.  If the obligor does not contest administrative enforcement, the order need not be registered.  If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this Chapter.
"ARTICLE 6.
"Enforcement and Modification
of Support Order After Registration.
"Part 1.  Registration and Enforcement of Support Order.
"§ 52C-6-601.  Registration or order for enforcement.
A support order or an income-withholding order issued by a tribunal of another state may be registered in this State for enforcement.
"§ 52C-6-602.  Procedure to register order for enforcement.
(a)	A support order or income-withholding order of another state may be registered in this State by sending the following documents and information to ** in this State:
(1)	A letter of transmittal to the tribunal requesting registration and enforcement;
(2)	Two copies, including one certified copy, of all orders to be registered, including any modification of an order;
(3)	A sworn statement by the party seeking 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:
(i)	The obligor's address and social security number;
(ii)	The name and address of the obligor's employer and another other source of income of the obligor; and
(iii)	A description and the location of property of the obligor in this State not exempt from execution; and
(5)	The name and address of the obligee and, if applicable, the agency or 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 a foreign 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.
"§ 52C-6-603.  Effect of registration for enforcement.
(a)	A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this State.
(b)	A registered order issued in another state 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 Article, a tribunal of this State shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.
"§ 52C-6-604.  Choice of law.
(a)	The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrears under the order.
(b)	In a proceeding for arrears, the statute of limitations under the laws of this State or of the issuing state, whichever is longer, applies.
"Part 2.  Contest of Validity or Enforcement.
"§ 52C-6-605.  Notice of registration of order.
(a)	When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party.  Notice must be given by first-class, certified, or registered mail or by any means of personal service authorized by the law of this State.  The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(b)	The notice must inform the nonregistering party:
(1)	That a registered 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 the date of mailing or personal service of the notice;
(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 arrears and precludes further contest of that order with respect to any matter that could have been asserted; and
(4)	Of the amount of any alleged arrears.
(c)	Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to the income-withholding provisions of Chapter 50 or Chapter 110 of the General Statutes, as applicable.
"§ 52C-6-606.  Procedure to contest validity or enforcement of registered order.
(a)	A nonregistering party seeking to contest the validity or enforcement of a registered order in this State shall request a hearing within 20 days after the date of mailing or personal service of notice of the registration.  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 arrears pursuant to G.S. 52C-6-607.
(b)	If the nonregistering party fails to contest the validity or enforcement of the registered 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 order, the registering tribunal shall schedule the matter for hearing and give notice to the parties by first-class mail of the date, time, and place of the hearing.
"§ 52C-6-607.  Contest of registration or enforcement.
(a)	A party contesting the validity or enforcement of a registered 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; or
(7)	The statute of limitations under G.S. 52C-6-604 precludes enforcement of some or all of the arrears.
(b)	If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders.  An uncontested portion of the registered 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 the order, the registering tribunal shall issue an order confirming the order.
"§ 52C-6-608.  Confirmed order.
Confirmation of a registered 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.
"Part 3.  Registration and Modification of Child Support Order.
"§ 52C-6-609.  Procedure to register child support order of another state for modification.
A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this State in the same manner provided in Part 1 of this Article 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.
"§ 52C-6-610.  Effect of registration for modification.
A tribunal of this State may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this State, but the registered order may be modified only if the requirements of G.S. 52C-6-611 have been met.
"§ 52C-6-611.  Modification of child support order of another state.
(a)	After a child support order issued in another state has been registered in this State, the responding tribunal of this State may modify that order only if, after notice and hearing, it finds that:
(1)	The following requirements are met:
(i)	The child, the individual obligee, and the obligor do not reside in the issuing state;
(ii)	A petitioner who is a nonresident of this State seeks modification; and
(iii)	The respondent is subject to the personal jurisdiction of the tribunal of this State; or
(2)	An individual party or the child is subject to the personal jurisdiction of the tribunal and all of the individual parties have filed a written consent in the issuing tribunal providing that a tribunal of this State may modify the support order and assume continuing, exclusive jurisdiction over the order.
(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.
(d)	On issuance of an order modifying a child support order issued in another state, a tribunal of this State becomes the tribunal of continuing, exclusive jurisdiction.
(e)	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 which had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows that the earlier order has been registered.
"§ 52C-6-612.  Recognition of order modified in another state.
A tribunal of this State shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to a law substantially similar to this Chapter and, upon request, except as otherwise provided in this Chapter, shall:
(1)	Enforce the order that was modified only as to amounts accruing before the modification;
(2)	Enforce only nonmodifiable aspects of that order;
(3)	Provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and
(4)	Recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
"ARTICLE 7.
"Determination of Parentage.
"§ 52C-7-701.  Proceeding to determine parentage.
(a)	A tribunal of this State may serve as an initiating or responding tribunal in a proceeding brought under this Chapter or a law substantially similar to this Chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.
(b)	In a proceeding to determine parentage, a responding tribunal of this State shall apply the procedural and substantive law of this State and the rules of this State on choice of law.
"ARTICLE 8.
"Interstate Rendition.
"§ 52C-8-801.  Grounds for rendition.
(a)	For purposes of this Article, 'governor' includes an individual performing the functions of governor or the executive authority of a state covered by this Chapter.
(b)	The Governor of this State may:
(1)	Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this State with having failed to provide for the support of an obligee; or
(2)	On the demand by the governor of another state, surrender an individual found in this State who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c)	A provision for extradition of individuals not inconsistent with this Chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
"§ 52C-8-802.  Conditions of rendition.
(a)	Before making demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the Governor of this State may require a prosecutor of this State to demonstrate that at least 60 days previously the obligee has initiated proceedings for support pursuant to this Chapter or that the proceeding would be of no avail.
(b)	If, under this Chapter or a law substantially similar to this Chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, 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.
"ARTICLE 9.
"Miscellaneous Provisions.
"§ 52C-9-901.  Uniformity of application and construction.
This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among states enacting it.
"§ 52C-9-902.  Severability clause.
If any provision of this Chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable."
(d)	The Reviser of Statutes shall cause to be printed separate from this act all relevant portions of the official comments to the Uniform Interstate Family Support Act as the Reviser deems appropriate.
(e)  This section is effective upon ratification.
Sec. 8. There is appropriated from the General Fund to the Division of Social Services, Department of Human Resources, the sum of four hundred seventy-four thousand three hundred dollars ($474,300) for the 1995-96 fiscal year and the sum of one hundred seventy thousand dollars ($170,000) for the 1996-97 fiscal year to implement the provisions of this act.
Sec. 9. There is appropriated from the General Fund to the Administrative Office of the Courts the sum of ninety-five thousand dollars ($95,000) for the 1995-96 fiscal year to implement the provisions of this act.
Sec. 10.  Sections 8 and 9 of this act become effective July 1, 1995. Except as otherwise provided, the remainder of this act becomes effective January 1, 1996, and applies to child support owed on or after that date.  Where otherwise provided, the applicability is to child support owed on or after the particular effective date specified.