§ 580-708 — Recognition and enforcement of registered Convention support order

New York § 580-708

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 7: Support Proceedings Under Convention
• Art. 5-B: Uniform Interstate Family Support Act

Text

§ 580-708. Recognition and enforcement of registered Convention\nsupport order. (a) Except as otherwise provided in subdivision (b) of\nthis section, a tribunal of this state shall recognize and enforce a\nregistered Convention support order.\n (b) The following grounds are the only grounds on which a tribunal of\nthis state may refuse recognition and enforcement of a registered\nConvention support order:\n (1) recognition and enforcement of the order is manifestly\nincompatible with public policy, including the failure of the issuing\ntribunal to observe minimum standards of due process, which include\nnotice and an opportunity to be heard;\n (2) the issuing tribunal lacked personal jurisdiction consistent with\nsection 580-201 of this article;\n (3) the order is not enforceable in the issuing country;\n (4) the order was obtained by fraud in connection with a matter of\nprocedure;\n (5) a record transmitted in accordance with section 580-706 of this\npart lacks authenticity or integrity;\n (6) a proceeding between the same parties and having the same purpose\nis pending before a tribunal of this state and that proceeding was the\nfirst to be filed;\n (7) the order is incompatible with a more recent support order\ninvolving the same parties and having the same purpose if the more\nrecent support order is entitled to recognition and enforcement under\nthis article in this state;\n (8) payment, to the extent alleged arrears have been paid in whole or\nin part;\n (9) in a case in which the respondent neither appeared nor was\nrepresented in the proceeding in the issuing foreign country:\n (i) if the law of that country provides for prior notice of\nproceedings, the respondent did not have proper notice of the\nproceedings and an opportunity to be heard; or\n (ii) if the law of that country does not provide for prior notice of\nthe proceedings, the respondent did not have proper notice of the order\nand an opportunity to be heard in a challenge or appeal on fact or law\nbefore a tribunal; or\n (10) the order was made in violation of section 580-711 of this part.\n (c) If a tribunal of this state does not recognize a Convention\nsupport order under paragraph two, four or nine of subdivision (b) of\nthis section:\n (1) the tribunal may not dismiss the proceeding without allowing a\nreasonable time for a party to request the establishment of a new\nConvention support order; and\n (2) the state child support agency shall take all appropriate measures\nto request a child support order for the obligee if the application for\nrecognition and enforcement was received under section 580-704 of this\npart.\n