Section 580-802. Conditions of rendition

(a) Before making demand that the
  governor  of another state surrender an individual charged criminally in
  this state with having failed to provide for the support of an  obligee,
  the  governor  of  this  state may require a prosecutor of this state to
  demonstrate  that  at  least  sixty  days  previously  the  obligee  had
  initiated  proceedings  for support pursuant to this article or that the
  proceeding would be of no avail.
    (b) If, under this article or a  law  substantially  similar  to  this
  article,  the  Uniform  Reciprocal  Enforcement  of  Support Act, or the
  Revised Uniform Reciprocal Enforcement of Support Act, the  governor  of
  another  state  makes a demand that the governor of this state surrender
  an individual charged criminally in that state  with  having  failed  to
  provide for the support of a child or other individual to whom a duty of
  support  is  owed,  the governor may require a prosecutor to investigate
  the demand  and  report  whether  a  proceeding  for  support  has  been
  initiated  or  would be effective. If it appears that a proceeding would
  be effective but has not been initiated, the governor may delay honoring
  the demand  for  a  reasonable  time  to  permit  the  initiation  of  a
  proceeding.
    (c)  If a proceeding for support has been initiated and the individual
  whose rendition is demanded prevails, the governor may decline to  honor
  the  demand.    If  the  petitioner  prevails  and  the individual whose
  rendition is demanded is subject to a support order,  the  governor  may
  decline  to  honor  the  demand  if the individual is complying with the
  support order.