FCA § 580-701

Definitions

§ 580-701. Definitions. In this part:

1. "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.

2. "Central authority" means the entity designated by the United States or a foreign country described in paragraph (iv) of subdivision five of section 580-102 of this article to perform the functions specified in the Convention.

3. "Convention support order" means a support order of a tribunal of a foreign country described in paragraph (iv) of subdivision five of section 580-102 of this article.

4. "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor or child residing outside the United States.

5. "Foreign central authority" means the entity designated by a foreign country described in paragraph (iv) of subdivision five of section 580-102 of this article to perform the functions specified in the Convention.

6. "Foreign support agreement":

(i) means an agreement for support in a record that:

(a) is enforceable as a support order in the country of origin;

(b) has been:

(A) formally drawn up or registered as an authentic instrument by a foreign tribunal; or

(B) authenticated by, or concluded, registered or filed with a foreign tribunal; and

(c) may be reviewed and modified by a foreign tribunal; and

(ii) includes a maintenance arrangement or authentic instrument under the convention.

7. "United States central authority" means the secretary of the United States department of health and human services.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/580-701

In plain English

Terms for the Convention (the 2007 Hague child-support Convention): "application" (a request through a central authority), "central authority", "Convention support order", "direct request" (an individual's petition in NY involving someone abroad), "foreign central authority", "foreign support agreement", and "United States central authority" = the Secretary of U.S. Health and Human Services.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.