|DRAFT CSC, Title 23. Family Law|
Reciprocal Enforcement of Support
A General Provisions (§§ 1201-1204)
B Criminal Enforcement (§§ 1211-1212)
C Civil Enforcement (§§ 1231-1247)
D Orders of Support (§§ 1261-1271)
§ 1201. Purposes.
§ 1202. Definitions.
§ 1203. Remedies of chapter in addition to those now existing.
§ 1204. Duties of support regardless of presence or residency.
The purposes of this Chapter are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 301.
For the purposes of this Chapter:
(1) "Court" means the Chuuk State Supreme Court Trial Division
(5) "Initiating court" means the court in which a proceeding pursuant to this or a substantially similar reciprocal law is commenced.
(11) "Registering court" means any court of the Federated States of Micronesia
(12) "Rendering state" means a state in which the court has issued a support order for which registration is sought or granted in the court of another state.
(13) "Responding court" means the court in which the responsive proceeding pursuant to the proceeding in the initiating court is commenced.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 302, terms put in alphabetical order and Section modified.
The remedies herein provided are in addition to and not in substitution for any other remedies.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 303, modified.
Duties of support arising under the law of the State of Chuuk
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 304, modified.
§ 1211. Interstate rendition; authority of Governor.
§ 1212. Same; investigations of circumstances.
(1) Demand of the chief executive officer of another state the surrender of a person found in that state who is charged criminally in the State of Chuuk
(2) Surrender on demand by the chief executive officer of another state a person found in the State of Chuuk
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 351, modified.
(1) Before making the demand upon the governor of another state for the surrender of a person charged criminally in the State of Chuuk
(2) If, under a substantially similar act, the governor of another state makes a demand upon the Governor
(3) If proceedings have been initiated, and the person demanded has prevailed therein, the Governor
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 352, modified.
§ 1231. Choice of law.
§ 1232. Rights of jurisdiction or political subdivision furnishing support.
§ 1233. How duties of support enforced.
§ 1234. Jurisdiction.
§ 1235. Contents and filing of complaint for support.
§ 1236. Attorney General to represent obligee.
§ 1237. Complaint on behalf of minor.
§ 1238. Duty of initiating court.
§ 1239. Costs and fees.
§ 1240. Jurisdiction by arrest.
§ 1241. Information agency; efforts of Attorney General to locate obligors.
§ 1242. Duties of the court and officials of the State of Chuuk as responding state; prosecution of case.
§ 1243. Same; location of obligors.
§ 1244. Continuance of case.
§ 1245. Waiver of privilege against self-incrimination and immunity from criminal prosecution.
§ 1246. Testimony of husband and wife.
§ 1247. Rules of evidence.
Duties of support applicable under this Chapter are those imposed under the laws of any jurisdiction where the obligor was present for the period during which support is sought. The obligor is presumed to have been present in the responding jurisdiction during the period for which support is sought until otherwise shown.
Source: ( P.L. No. 4C-37, § 1.) 39 TTC § 401.
If a state or a political subdivision thereof furnishes support to an individual obligee, it has the same right to initiate a proceeding under this Chapter as the individual obligee for the purpose of securing reimbursement for support furnished and of obtaining continuing support.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 402.
All duties of support, including the duty to pay arrearages, are enforceable by an action under this Chapter, including a proceeding for contempt. The defense that the parties are immune to suit because of their relationship as husband and wife or parent and child is not available to the obligor.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 403.
Jurisdiction of any proceeding under this Chapter is vested in the Trial Division of the Supreme
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 404, modified.
(1) The complaint shall be verified and shall state the name and, so far as known to the obligee, the address and circumstances of the obligor and the persons for whom support is sought, and all other pertinent information and such information as may be required by the Courts of the State of Chuuk of
(2) The complaint may be filed in the appropriate court of any jurisdiction in which the obligee resides. The court shall not decline or refuse to accept and forward the complaint on the ground that it should be filed with some other court of this or any other jurisdiction where there is pending another action for divorce, separation, annulment, dissolution, habeas corpus, adoption, or custody between the same parties or where another court has already issued a support order in some other proceeding and has retained jurisdiction for its enforcement.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 405, modified.
If the State of Chuuk
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 406, modified.
A complaint on behalf of a minor obligee may be executed and filed by a person having legal custody of the minor without appointment as guardian ad litem.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 407.
If the initiating court finds that the complaint sets forth facts from which it may be determined that the obligor owes a duty of support and that a court of the responding state may obtain jurisdiction of the obligor or his property, it shall so certify and cause three copies of the complaint and its certificate and one copy of this chapter to be sent to the responding court. Certification shall be in accordance with the requirements of the initiating state. If the name and address of the responding court is unknown and the responding state has an information agency comparable to that established in the initiating state, it shall cause the copies to be sent to the state information agency or other proper official of the responding state, with a request that the agency or official forward them to the proper court and that the court of the responding state acknowledge their receipt to the initiating court.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 408.
An initiating court shall not require payment of either a filing fee or other costs from the obligee, but may request the responding court to collect fees and costs from the obligor. A responding court shall not require payment of a filing fee or other costs from the obligee, but it may direct that all fees and costs requested by the initiating court and incurred in the State of Chuuk
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 409, modified.
If a court of the State of Chuuk
(1) As an initiating court, request in its certificate that the responding court obtain the body of the obligor by appropriate process; or
(2) As a responding court, obtain the body of the obligor by appropriate process. Thereupon it may release him upon his own recognizance or upon his giving a bond in an amount set by the court to assure his appearance at the hearing.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 410, modified.
(1) The Attorney General's office is designated as the information agency under this Chapter. It shall:
(a) Compile a list of the courts and their addresses in the Federated States of Micronesia
(b) Maintain a register of such lists of courts received from other states and transmit copies thereof promptly to every court in the Federated States of Micronesia
(c) Distribute copies of this Chapter and any amendments thereto and a statement of their effective dates to all other state information agencies; and
(d) Forward to the court in the State of Chuuk
(2) If the Attorney General does not know the location of the obligor or his property in the State of Chuuk
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 411, modified.
§ 1242. Duties of the court and officials of the State of Chuuk as responding state; prosecution of case.
(1) After the responding court receives copies of the complaint, certificate, and act from the initiating court, the Clerk of Courts shall docket the case and notify the Attorney General
(2) The Attorney General
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 412, modified.
(1) The Attorney General
(2) If the obligor or his property is not found in the State of Chuuk
(3) If the Attorney General
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 413, modified.
If the obligee is not present at the hearing and the obligor denies owing the duty of support alleged in the petition or offers evidence constituting a defense, the court, upon request of either party, may continue the case for further hearing and the submission of evidence by both parties by deposition or by appearing in person before the court. The court may designate the judge or justice of the initiating court as a person before whom a deposition may be taken.
Source: ( P.L. No. 4C-37, § 1.) 39 TTC § 414, modified.
If at the hearing the obligor is called for examination as an adverse party and he declines to answer upon the ground that his testimony may tend to incriminate him, the court may require him to answer. In such event he is immune from criminal prosecution with respect to matters revealed by his testimony, except for perjury committed in this testimony.
Source: ( P.L. No. 4C-37, § 1.) 39 TTC § 415, modified.
Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this Chapter. Husband and wife are competent witnesses and may be compelled to testify to any relevant matter, including marriage and parentage, the provisions of
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 416, modified.
In any hearing for the civil enforcement of this Chapter the court is governed by the applicable statutes
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 417, modified.
Orders of Support
§ 1261. Orders of support; authorized; enforcement.
§ 1262. Same; responding court to transmit copies to initiating court.
§ 1263. Same; additional powers of responding court.
§ 1264. Paternity.
§ 1265. Forwarding of payments and payment records by responding court.
§ 1266. Receipt and disbursal of payments by initiating court.
§ 1267. Proceedings not to be stayed.
§ 1268. Application of payments made under orders of another court.
§ 1269. Jurisdictional effect of participation in proceeding.
§ 1270. Application between states in the Federated States of Micronesia.
§ 1271. Appeals.
(1) If the responding court finds a duty of support, it may order the obligor to furnish support or reimbursement therefor and subject the property of the obligor to the order. Support orders made pursuant to this Chapter shall require that payments be made to the clerk of the court of the responding state.
(2) The court and
Source: ( P.L. No. 4C-37, § 1.) 39 TTC § 418, divided into Subsections and Section modified.
The responding court shall cause a copy of all support orders to be sent to the initiating court.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 419.
In addition to the foregoing powers, a responding court may subject the obligor to any terms and conditions proper to assure compliance with its orders and in particular to:
(1) Require the obligor to furnish a cash deposit or a bond of a character and amount to be specified by the court to assure payment of any amount due;
(2) Require the obligor to report personally and to make payments at specified intervals to the clerk of courts; and
(3) Punish under the power of contempt the obligor who violates any order of the court.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 420, modified.
If the obligor asserts as a defense that he is not the father of the child for whom support is sought and it appears to the court that the defense is not frivolous, and if both of the parties are present at the hearing, or the proof required in the case indicates that the presence of either or both of the parties is not necessary, the court may adjudicate the paternity issue. Otherwise the court may adjourn the hearing until the paternity issue has been adjudicated.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 421, modified.
A responding court has the following duties, which may be carried out through the clerk of courts:
(1) To transmit to the initiating court any payment made by the obligor pursuant to any order of the court or otherwise; and
(2) To furnish to the initiating court upon request a certified statement of all payments made by the obligor.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 422.
An initiating court shall receive and disburse forthwith all payments made by the obligor or sent by the responding court. This duty may be carried out through the clerk of courts.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 423.
A responding court shall not stay the proceedings or refuse a hearing under this Chapter because of any pending or prior action or proceeding for divorce, separation, annulment, dissolution, habeas corpus, adoption, or custody in this or any other jurisdiction. The court shall hold a hearing and may issue a support order pendente lite. In aid thereof it may require the obligor to give a bond for the prompt prosecution of the pending proceeding. If the other action or proceeding is concluded before the hearing in the instant proceeding and the judgment therein provides for the support demanded in the complaint being heard, the court must conform its support order to the amount allowed in the other action or proceeding. Thereafter the court shall not stay enforcement of its support order because of the retention of jurisdiction for enforcement purposes by the court in the other action or proceeding.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 424.
A support order made by a court of the State of Chuuk
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 425, modified.
Participation in any proceeding under this Chapter does not confer jurisdiction upon any court over any of the parties thereto in any other proceeding.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 426.
This Chapter applies if both the obligee and the obligor are in the Federated States of Micronesia
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 427, modified.
If the Attorney General is of the opinion that a support order is erroneous and presents a question of law warranting an appeal in the public interest, he may:
(1) Perfect an appeal to the proper appellate court if the support order was issued by a court of the State of Chuuk
(2) If the support order was issued in another state, cause the appeal to be taken in the other state. In either case, expenses of appeal may be paid on his order from funds appropriated for his office.
Source: (P.L. No. 4C-37, § 1.) 39 TTC § 428, modified.