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42.0421 Failure or uselessness of action by obligee as prerequisite to demand.

Cite as [A.S.C.A. § 42.0421]

(a) Before making the demand on the governor of any state for the surrender of a person charged in this territory with the crime of failing to provide for the support of any person, the Governor of this territory may require the Attorney General of this territory, or his assistant, to satisfy him that at least 60 days prior thereto the obligee brought an action for the support under this chapter, or that the bringing of an action would be of no avail.

(1) When, under this or a substantially similar law, a demand is made upon the Governor of this territory by the governor of a state for the surrender of a person charged in the state with the crime of failing to provide support, the Governor may require the Attorney General or his assistant to investigate or assist in investigating the demand, and to report to him whether any action for support has been brought under this chapter or would be effective.

(c) If an action for support would be effective and no action has been brought, the Governor may delay honoring the demand for a reasonable time to permit prosecution of an action for support.

(d) If an action for support has been brought and the person demanded has prevailed in that action, the Governor may decline to honor the demand.

(e) If an action for support has been brought and pursuant thereto the person demanded is subject to a support order, the Governor may decline to honor the demand so long as the person demanded is complying with the support order.

History: 1965, PL 9-20.