(a) The physical presence of a nonresident party who is an individual in a tribunal
of this state is not required for the establishment, enforcement or modification of
a support order or the rendition of a judgment determining parentage of a child.
(b) An affidavit, a document substantially complying with federally mandated forms,
or a document incorporated by reference in any of them, which would not be excluded
under the hearsay rule if given in person, is admissible in evidence if given under
penalty of perjury by a party or witness residing outside this state.
(c) A copy of the record of child support payments certified as a true copy of the
original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether
payments were made.
(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal
health care of the mother and child, furnished to the adverse party at least 10 days
before trial, are admissible in evidence to prove the amount of the charges billed
and that the charges were reasonable, necessary and customary.
(e) Documentary evidence transmitted from outside this state to a tribunal of this
state by telephone, telecopier or other electronic means that do not provide an original
record may not be excluded from evidence on an objection based on the means of transmission.
(f) In a proceeding under this act, a tribunal of this state shall permit a party
or witness residing outside this state to be deposed or to testify under penalty of
perjury by telephone, audiovisual means or other electronic means at a designated
tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an
appropriate location for the deposition or testimony.
(g) If a party called to testify at a civil hearing refuses to answer on the ground
that the testimony may be self-incriminating, the trier of fact may draw an adverse
inference from the refusal.
(h) A privilege against disclosure of communications between spouses does not apply
in a proceeding under this act.
(i) The defense of immunity based on the relationship of husband and wife or parent
and child does not apply in a proceeding under this act.
(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible
to establish parentage of the child.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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