Legislation
SECTION 580-607
Contest of registration or enforcement
Family Court Act (FCT) CHAPTER 686, ARTICLE 5-B, PART 6, SUBPART B
§ 580-607. Contest of registration or enforcement. (a) A party
contesting the validity or enforcement of a registered support order or
seeking to vacate the registration has the burden of proving one or more
of the following defenses:
(1) the issuing tribunal lacked personal jurisdiction over the
contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or modified by a later
order;
(4) the issuing tribunal has stayed the order pending appeal;
(5) there is a defense under the law of this state to the remedy
sought;
(6) full or partial payment has been made;
(7) the statute of limitation under section 580-604 of this part
precludes enforcement of some or all of the alleged arrearages; or
(8) the alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial
defense under subdivision (a) of this section, a tribunal may stay
enforcement of a registered support order, continue the proceeding to
permit production of additional relevant evidence, and issue other
appropriate orders. An uncontested portion of the registered support
order may be enforced by all remedies available under the law of this
state.
(c) If the contesting party does not establish a defense under
subdivision (a) of this section to the validity or enforcement of a
registered support order, the registering tribunal shall issue an order
confirming the order.
contesting the validity or enforcement of a registered support order or
seeking to vacate the registration has the burden of proving one or more
of the following defenses:
(1) the issuing tribunal lacked personal jurisdiction over the
contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or modified by a later
order;
(4) the issuing tribunal has stayed the order pending appeal;
(5) there is a defense under the law of this state to the remedy
sought;
(6) full or partial payment has been made;
(7) the statute of limitation under section 580-604 of this part
precludes enforcement of some or all of the alleged arrearages; or
(8) the alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial
defense under subdivision (a) of this section, a tribunal may stay
enforcement of a registered support order, continue the proceeding to
permit production of additional relevant evidence, and issue other
appropriate orders. An uncontested portion of the registered support
order may be enforced by all remedies available under the law of this
state.
(c) If the contesting party does not establish a defense under
subdivision (a) of this section to the validity or enforcement of a
registered support order, the registering tribunal shall issue an order
confirming the order.