§ 15-23.1-907 - Remedies of state or political subdivision furnishing support.
SECTION 15-23.1-907
§ 15-23.1-907 Remedies of state orpolitical subdivision furnishing support. – (a) Except in cases involving fraud, misrepresentation, or false statement, ifa state or a political subdivision furnishes support to an individual obligee,it shall not have the right to initiate a proceeding under this chapter for thepurpose of securing reimbursement for support furnished. The state shall havethe right to initiate a proceeding for the purpose of:
(1) Obtaining continuing support; and/or
(2) Reimbursement in cases of fraud, misrepresentation, orfalse statement.
(b) The state shall have the right to recover all arrearagesin court ordered support payments which were ordered or agreed to forcontinuing support and not for reimbursement of aid to families with dependentchildren (AFDC).
(c) Except to the extent that support furnished was obtainedby fraud, misrepresentation or false statement, the state, through thedepartment of administration, division of taxation, child support enforcement,shall take all necessary action, including court action, to dismiss allproceedings relating to reimbursement for support furnished and to vacate anyorders relating to reimbursement for support furnished. The department shallfurther take all necessary action to discharge all liens against real estateand/or personal property which resulted from a proceeding for reimbursement forsupport furnished.
(d) No person who has paid the state any sum as a result of aproceeding for reimbursement of support furnished shall be entitled to a refundof the amount paid or a credit of the amount paid against a continuing supportobligation or an arrearage of a support obligation.