|
SPONSOR: |
Rep. Dukes & Sen. Venables & Sen. Pettyjohn
& Sen. Lavelle; |
|
Reps.
D. Short, Hudson, Briggs King, Gray, Kenton, Miro, Outten, Peterman, Ramone,
Spiegelman, B. Short; Sens. Hocker, Simpson |
|
HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
|
HOUSE BILL NO. 407 |
|
AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF CHILD SUPPORT ORDERS AND INCOME-WITHHOLDING ORDERS FROM OTHER JURISDICTIONS. |
Section 1. Amend § 6-316(e), Title 13 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:
§ 6-316 Special
rules of evidence and procedure.
(e) Documentary evidence transmitted
from another state, or the support enforcement agency of this State, to a tribunal of
this State by telephone, telecopier, or other means that do not provide an
original record may not be excluded from evidence on an objection based on the
means of transmission.
Section 2. Amend § 6-602(a), Title 13 of the Delaware
Code by making deletions as shown by strike through and insertions as shown by
underline as follows:
§ 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, either physically or electronically, the following records and
information to the Family Court in this State:
(1) A letter of transmittal to the tribunal
requesting registration and enforcement;
(2) Two copies, including one certified copy,
A copy of the order to be
registered, including any modification of the order;
(3) A sworn statement by the person requesting
registration or a certified statement by the custodian of the records showing
the amount of any arrearage;
(4) The name of the obligor and, if known:
(i) The obligor's address and social security
number;
(ii) The name and address of the obligor's employer
and any other source of income of the obligor;
(iii) A description and the location of property of
the obligor in this State not exempt from execution; and
(5) Except as otherwise provided in § 6-312 of this
title, the name and address of the oblige and, if applicable, the person to
whom support payments are to be remitted.
SYNOPSIS
|
This Bill amends the Uniform Interstate Family Support Act relating to the registration of child support orders, income-withholding orders, or both, from other states. The amendments provide that such orders can be registered in Delaware by either the foreign jurisdiction or the applicable support enforcement agency in Delaware sending those orders (and other pertinent information) directly to the Family Court, either physically or by electronic transmission. This Bill also removes the requirement that two copies of such order be provided. |