§ 580-607 — Contest of registration or enforcement

New York § 580-607

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 6: Registration, Enforcement and Modification of Support Order
• Subpart B: Contest of Validity or Enforcement
• Art. 5-B: Uniform Interstate Family Support Act

Text

§ 580-607. Contest of registration or enforcement. (a) A party\ncontesting the validity or enforcement of a registered support order or\nseeking to vacate the registration has the burden of proving one or more\nof the following defenses:\n (1) the issuing tribunal lacked personal jurisdiction over the\ncontesting party;\n (2) the order was obtained by fraud;\n (3) the order has been vacated, suspended, or modified by a later\norder;\n (4) the issuing tribunal has stayed the order pending appeal;\n (5) there is a defense under the law of this state to the remedy\nsought;\n (6) full or partial payment has been made;\n (7) the statute of limitation under section 580-604 of this part\nprecludes enforcement of some or all of the alleged arrearages; or\n (8) the alleged controlling order is not the controlling order.\n (b) If a party presents evidence establishing a full or partial\ndefense under subdivision (a) of this section, a tribunal may stay\nenforcement of a registered support order, continue the proceeding to\npermit production of additional relevant evidence, and issue other\nappropriate orders. An uncontested portion of the registered support\norder may be enforced by all remedies available under the law of this\nstate.\n (c) If the contesting party does not establish a defense under\nsubdivision (a) of this section to the validity or enforcement of a\nregistered support order, the registering tribunal shall issue an order\nconfirming the order.\n