19-A §3203. Contest of registration or enforcement (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2009, c. 95, §87) - Maine Statutes

Title 19-A: DOMESTIC RELATIONS HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)

Part 3: PARENTS AND CHILDREN HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)

Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)

Subchapter 6: REGISTRATION, ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF); 2003, C. 436, §35 (RPR)

Article 2: CONTEST OF VALIDITY OR ENFORCEMENT HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)

§3203. Contest of registration or enforcement

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2009, c. 95, §87)

1. Defenses to contest validity or enforcement. 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:

A. The issuing tribunal lacked personal jurisdiction over the contesting party; [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]

B. The order was obtained by fraud; [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]

C. The order has been vacated, suspended or modified by a later order; [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]

D. The issuing tribunal has stayed the order pending appeal; [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]

E. There is a defense under the laws of this State to the remedy sought; [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]

F. Full or partial payment has been made; [2003, c. 436, §40 (AMD).]

G. The statute of limitation under section 3153 precludes enforcement of some or all of the alleged arrearages; or [2003, c. 436, §40 (AMD).]

H. The alleged controlling order is not the controlling order. [2003, c. 436, §41 (NEW).]

[ 2009, c. 95, §72 (AMD); 2009, c. 95, §87 (AFF) .]

2. Full or partial defense. If a party presents evidence establishing a full or partial defense under subsection 1, a tribunal may stay enforcement of the 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 laws of this State.

[ 2009, c. 95, §72 (AMD); 2009, c. 95, §87 (AFF) .]

3. Confirmation of order. If the contesting party does not establish a defense under subsection 1 to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.

[ 2009, c. 95, §72 (AMD); 2009, c. 95, §87 (AFF) .]

SECTION HISTORY

1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF). 2003, c. 436, §§40,41 (AMD). 2009, c. 95, §72 (AMD). 2009, c. 95, §87 (AFF).