§ 77A07 — Contest of registered convention support order

Pennsylvania § 77A07

• Jurisdiction: Pennsylvania
• Title 23: DOMESTIC RELATIONS
• Part: PART VIII
• Ch. 77A: SUPPORT PROCEEDING UNDER CONVENTION

Text

(a) Applicability.--Except as otherwise provided in this chapter, sections 7605 (relating to notice of registration of order), 7606 (relating to procedure to contest validity or enforcement of registered support order), 7607 (relating to contest of registration or enforcement) and 7608 (relating to confirmed order) apply to a contest of a registered convention support order.

(b) Time.--A party contesting a registered convention support order must file a contest:

(1) Not later than 30 days after notice of the registration if the contesting party resides in the United States.

(2) Not later than 60 days after notice of the registration if the contesting party does not reside in the United States.

(c) Failure to contest.--If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (b), the order is enforceable.

(d) Basis of contest.--A contest of a registered convention support order may be based only on grounds set forth in section 77A08 (relating to recognition and enforcement of registered convention support order). The contesting party shall bear the burden of proof.

(e) Tribunal duties.--In a contest of a registered convention support order, a tribunal of this State:

(1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

(2) may not review the merits of the order.

(f) Notification of decision.--A tribunal of this State deciding a contest of a registered convention support order shall promptly notify the parties of its decision.

(g) Appeals.--A challenge or appeal does not stay the enforcement of a convention support order unless there are exceptional circumstances.

Legislative History

Cross References.Section 77A07 is referred to in sections 7605, 77A05, 77A06 of this title.