How To Register A Foreign Divorce In Utah

Registering Foreign (Out-Of-State) Orders

What is a foreign order?

A foreign order is a court order issued by country court in the United States other than Alaska, or a courtroom of some other country. For example, a child custody gild from California is a foreign lodge in Alaska.

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Why would I want to register it?

If you lot desire the Alaska courts or Alaska law to take action here in Alaska on the courtroom society you take from another land, y'all by and large must register the strange lodge in Alaska. Some people register a foreign club simply to be able to enforce it; other people annals a foreign social club as the get-go step in a modification process.

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When tin can I register an order?

Registration of a valid strange court club for the purpose of enforcement is immune at any time, and is a adequately straightforward procedure. Registration for the purpose of a modification is much more complicated because just a courtroom with jurisdiction can modify an gild. The laws decision-making jurisdiction are very complicated. If yous take whatever questions at all, you lot are urged to seek the advice of an attorney.

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How long does it take for the registration to go effective?

The out-of-state order is registered when you file it with the Alaska court with the required attachments and pay the filing fee if in that location is one. Once the court has processed your parcel, the clerk's role will serve the documents on the other party. The other party has 20 calendar days from the date they received the notice to request a hearing.

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Can the other parent oppose the registration of the social club in Alaska?

Within 20 days of receiving the notice that the order is registered in Alaska, the other parent can asking a hearing based on specific reasons provided in the forms (depending on whether the registered lodge is for custody or child support).

To asking a hearing to oppose registration of an out-of-country custody order, y'all can file:

• Request for Hearing Nearly Registered Child Custody Lodge, DR-484 [Fill-In PDF]

To request a hearing to oppose registration of an out-of-state kid support order, you can file:

• Request for Hearing Virtually Registered Support Order, DR-345 [Backup PDF]

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Afterwards an social club is registered, tin can I alter it?

If your original court guild is from a state other than Alaska, you can but alter information technology hither IF Alaska has jurisdiction.

There are different jurisdiction laws for child back up than child custody. The laws controlling jurisdiction are complicated. If you take any questions almost whether the Alaska court can change your child support order, talk to a lawyer.

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If Alaska has jurisdiction and I want to modify another state'due south child support order, what exercise I do?

Y'all tin can file a Motion to Change Another State'due south Child Back up Order. In No. 4 on the form below, you volition need to country specifically the reason you call back the reason the Alaska court has authorization.

To enquire the courtroom to modify another state'southward kid support club, you can file:

• Motion to Alter Another Country's Kid Support Social club, DR-361 [Fill-in PDF]
• Copy of your current child back up
• All documents that support your asking for a change in the support amount
• Child Support Guidelines Affidavit, DR-305 [Backup PDF]
• Shared Custody Child Support Calculation, form DR-306 [Backup PDF] (fill out if both parents volition take at least 110 overnights with the child(ren))
• Information Canvass, DR-314 [Fill-in PDF]
• Notice of Motion, DR-710 [Backup PDF]
• Certificate of Service for Motion to Alter Support Amount (see p. 9 of the Movement class)

There is no fee to file a motion to change a registered support or custody gild if you file within 30 days of the registration confirmation date. After 30 days, there is a $75 filing fee for motions to modify.

There are different requirements to serve a movement to modify a registered club depending on if it is a registered kid support or custody order.

If yous are modifying a registered kid back up society, ship a re-create to the other political party by regular starting time class mail.

If you are modifying both a registered child support order and a registered child custody gild, ship a re-create of the modification papers to the other party by:

• certified mail/restricted delivery/return receipt , or
• hiring a procedure server.

If CSSD is collecting support:

If y'all are filing a motion to modify child custody and child support in court and the Child Support Services Division (CSSD) is collecting the back up, you also need to as well serve the Attorney General's Part who are the attorneys for CSSD. Wait at your CSSD case number to make up one's mind which office is handling your instance:

CSSD Case No.	Chaser Full general's Address
Case numbers that brainstorm with a 1, 2 or 3 go to: Example: 1JU-05-8888, , 2BE-05-8888, or 3AN-05-8888	Attorney Full general's Office Collections and Back up Department 1031 West 4th Ave., Ste 200 Anchorage, AK 99501
Example numbers that begin with a 4 become to: Example: 4FA-05-8888	Chaser General's Office Collections and Support Department 100 Cushman St., Ste. 400 Fairbanks, AK 99701

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How do I respond to the other parent'southward motion to modify another state'due south child support order in Alaska?

To respond to the other parent'south motion to modify another state'south kid support order, you tin can file:

• Response to Motion to Change Some other State's Child Support Social club, DR-371 [Fill-In PDF]
• Child Support Guidelines Affidavit, DR-305 [Fill-In PDF]
• Shared Custody Child Support Calculation, form DR-306 [Fill-In PDF] (fill out if both parents will accept at least 110 overnights with the child(ren))
• Information Sheet, DR-314 [Backup PDF]

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If Alaska has jurisdiction and I want to modify kid custody, what do I practice?

To modify custody or support, you must file an appropriate motion. Delight run across the modification information folio to learn more.

There is no fee to file a movement to modify a registered support or custody guild if yous file within 30 days of the registration confirmation appointment. After 30 days, there is a $75 filing fee for motions to modify.

At that place are different requirements to serve a motion to alter a registered gild depending on if information technology is a registered child support or custody order.

If you are modifying a registered child custody club, send a re-create to the other party past:

• certified post/restricted commitment/return receipt , or
• hiring a process server.

If you lot are modifying both a registered kid support lodge and a registered child custody order, transport a re-create of the modification papers to the other political party by:

• certified post/restricted delivery/return receipt , or
• hiring a process server.

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Are there different procedures for custody orders than back up orders?

Yes. There are specific forms for registering a foreign custody order and for registering a foreign support social club.

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Can I register both at the aforementioned time?

Aye. Y'all simply complete both sets of forms and file them together.

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How much does it cost to annals a foreign social club?

• foreign custody social club and strange support order together: $250
• foreign custody lodge lone: $250
• foreign child support and/or spousal support (alimony) guild without a strange custody gild: Free

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Do I need to get a special copy of the court club I am trying to register?

Yes, yous must obtain a certified or exemplified copy of the court order you are trying to annals by making a asking to the Clerk'south Office of the courtroom that issued the original lodge. If you lot are trying to register both the custody and support orders, you must go a certified or exemplified copy of each ane.

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What am I required to file with the court to register a foreign club?

Yous must submit the following parcel to the court at which yous want to register:

1. One certified or exemplified copy of the original guild.
2. One photocopy of the certified or exemplified original order.
3. For Custody:
   • Request to Register Child Custody Order of Another State or Country, DR-482 [Backup PDF]
   • Discover of Registration of Child Custody Guild of Another Country or Country, DR-483 [Fill-In PDF]
     (Completed except for the engagement and clerk'south signature)
   • Affirmation for Child Custody Registration, SHC-1510 Word | PDF
   • Child Custody Jurisdiction Affidavit, DR-150 [Backup PDF]
   • Request for Hearing on Registered Child Custody Order, DR-484 [Make full-In PDF]
     (Merely make full in the Petitioner'southward and Respondent'southward names in the caption at the top left and leave the rest bare)
   • Confirmation of Registered Child Custody Order, DR-485 [Fill-in PDF]
     (Just fill in the Petitioner's and Respondent's names in the caption at the elevation left and leave the rest blank)
4. For Kid Support:
   • Instructions – Registration of Back up Social club Issued by Another State, DR-341 [Backup PDF]
   • Petition to Register a Support Order from Another State, DR-342 [Backup PDF]
   • Confidential Information Canvass - Support Order from Some other Land, DR-343 [Backup PDF]
   • Observe of Registration of Another State's Support Social club, DR-344 [Fill-in PDF]
     (Completed except for the appointment and clerk's signature)
   • Request for Hearing About Registered Child Support Order, DR-345 [Fill-In PDF]
     (Merely make full in the Petitioner's and Respondent's names in the caption at the acme left and get out the rest blank)
   • Confirmation of Registered Support Order, DR-347 [Fill-in PDF]
     (Merely fill in the Petitioner'due south and Respondent's names in the caption at the top left and get out the residue blank)
5. You need to tell the court how y'all want it to deliver the documents to the opposing party past:
   • 1st course Us mail (which is free)
   • certified mail (which you have to pay for), or
   • a process server (which yous take to arrange and pay for).
   • 1st class Usa mail: Give the clerk at the court:
     • the packet of forms to register a foreign social club
     • envelope(s) addressed to the opposing political party
     • a re-create of all documents you lot are filling PLUS a Request for Hearing form for the opposing political party
   • Certified postal service: Give the clerk at the courtroom:
     • the package of forms to register a foreign order
     • envelope(s) addressed to the opposing party
     • a copy of all documents you lot are filling PLUS a Asking for Hearing class for the opposing political party
     • the filled-out mailing forms for certified post, restricted commitment, return receipt requested from the Mail Office for each of the parties listed in the certificate of distribution on the Find of Registration Order. On the green menu, fill out your return accost so you go the green bill of fare back afterward.
     • enough postage for the court to serve by certified mail, restricted delivery, render receipt requested.
   • Before coming to court, it is your responsibility to go to the Post Office and get the forms for certified mail, restricted commitment, return receipt requested, and effigy out how much it will cost to mail service the forms by this method and put the stamps on the envelope. If you don't provide the correct stamped envelope, your paperwork may be rejected.
   • Process server: Give the clerk:
     • the packet of forms to register a strange order
     • service instructions for the specific procedure server you want the court to utilize. Read the instructions near "Personal Service Past Process Server" in CIV-106 .
6. The filing fee of $250 if you lot are registering BOTH a foreign child custody gild and a strange kid or spousal support club together, or Only a child custody order. If you cannot afford $250, you tin file a Request for Exemption for Payment of Fees, TF-920 . If you are registering But a strange kid support and/or spousal support (alimony) social club, it is Free.
7. Example clarification form, CIV-125S

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Do I have to register a domestic violence protective order from another state?

You lot don't have to file special forms at the court to register the protective order from another land. But for the police force to enforce the out-of-state protective order, yous can bring a certified copy to the court for filing. At that place is no filing fee. The clerk will send a copy of the filed gild to Alaska law enforcement who will enter it into their system. The court or the police will not give the respondent a re-create of the protective order or observe that you have filed the social club with the Alaska courtroom.

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Rev. 8 April 2019 © Alaska Court Organisation www.courts.alaska.gov Contact Us

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Source: https://courts.alaska.gov/shc/family/shcforeign.htm

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