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2012 Florida Statutes
SECTION 7041
Initiation by Department of Revenue of support proceeding under convention.
Initiation by Department of Revenue of support proceeding under convention.
188.7041 Initiation by Department of Revenue of support proceeding under convention.—
(1) In a support proceeding under this part, the Department of Revenue shall:
(a) Transmit and receive applications; and
(b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(2) The following support proceedings are available to an obligee under the convention:
(a) Recognition or recognition and enforcement of a foreign support order.
(b) Enforcement of a support order issued or recognized in this state.
(c) Establishment of a support order if there is no existing order, including, where necessary, determination of parentage of a child.
(d) Establishment of a support order if recognition of a foreign support order is refused under s. 88.7081(2)(b), (d), or (i).
(e) Modification of a support order of a tribunal of this state.
(f) Modification of a support order of a tribunal of another state or a foreign country.
(3) The following support proceedings are available under the convention to an obligor against whom there is an existing support order:
(a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state.
(b) Modification of a support order of a tribunal of this state.
(c) Modification of a support order of a tribunal of another state or foreign country.
(4) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
History.—s. 62, ch. 2011-92.
1Note.—Section 62, ch. 2011-92, created s. 88.7041, to be effective on a date contingent upon the provisions of s. 81, ch. 2011-92. Section 81, ch. 2011-92, provides that “[e]xcept as otherwise expressly provided in this act, this act shall take effect upon the earlier of 90 days following Congress amending 42 U.S.C. s. 666(f) to allow or require states to adopt the 2008 version of the Uniform Interstate Family Support Act, or 90 days following the state obtaining a waiver of its state plan requirement under Title IV-D of the Social Security Act.”