New Jersey Statutes 2A:4-30.188. Direct request
Terms Used In New Jersey Statutes 2A:4-30.188
- Application: means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See New Jersey Statutes 2A:4-30.184
- Convention support order: means a support order of a tribunal of a foreign country described in paragraph (4) of subsection e. See New Jersey Statutes 2A:4-30.184
- Direct request: means an application filed by an individual in a tribunal of this State in a proceeding involving an obligee, obligor, or child residing outside the United States. See New Jersey Statutes 2A:4-30.184
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
a. A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this State applies.
b. A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, sections 66 through 73 of this act apply.
c. In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:
(1) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
(2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this State under the same circumstances.
d. A petitioner filing a direct request is not entitled to assistance from the State IV-D Agency or its designee.
e. This article does not prevent the application of laws of this State that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
L.2016, c.1, s.65.