§ 31-18.5-7-8 — Recognition and enforcement of registered support order

Indiana § 31-18.5-7-8

• Jurisdiction: Indiana
• Art. 18.5: FAMILY LAW: UNIFORM INTERSTATE
• Ch. 7: Support Proceeding Under Convention

Text

(a) Except as otherwise provided in
subsection (b), an Indiana tribunal shall recognize and enforce a
registered Convention support order.
(b) The following grounds are the only grounds on which an Indiana
tribunal may refuse recognition and enforcement of a registered
Convention support order:
(1) Recognition and enforcement of the order is manifestly
incompatible with public policy, including the failure of the
issuing tribunal to observe minimum standards of due process,
which include notice and an opportunity to be heard.
(2) The issuing tribunal lacked personal jurisdiction consistent
with IC 31-18.5-2-1.
(3) The order is not enforceable in the issuing country.
(4) The order was obtained by fraud in connection with a matter
of procedure.
(5) A record transmitted in accordance with section 6 of this
chapter lacks authenticity or integrity.
(6) A proceeding between the same parties and having the same
purpose is pending before an Indiana tribunal and that proceeding
was the first to be filed.
(7) The order is incompatible with a more recent support order
involving the same parties and having the same purpose if the
more recent support order is entitled to recognition and
enforcement under this article in Indiana.
(8) Payment, to the extent alleged arrears have been paid in whole
or in part.
(9) In a case in which the respondent neither appeared nor was
represented in the proceeding in the issuing foreign country:
(A) if the law of that country provides for prior notice of
proceedings, the respondent did not have proper notice of the
proceedings and an opportunity to be heard; or
(B) if the law of that country does not provide for prior notice
of the proceedings, the respondent did not have proper notice
of the order and an opportunity to be heard in a challenge or
appeal on fact or law before a tribunal.
(10) The order was made in violation of section 11 of this chapter.
(c) If an Indiana tribunal does not recognize a Convention support
order under subsection (b)(2), (b)(4), or (b)(9):
(1) the tribunal may not dismiss the proceeding without allowing
a reasonable time for a party to request the establishment of a new
Convention support order; and
(2) the support enforcement agency shall take all appropriate
measures to request a child support order for the obligee if the
application for recognition and enforcement was received under
section 4 of this chapter.

Legislative History

As added by P.L.206-2015, SEC.53.