Section 552.1625 - Burden of proof; defenses; actions by tribunal; further contest of order precluded. - Michigan Statutes

UNIFORM INTERSTATE FAMILY SUPPORT ACT (EXCERPT)
Act 310 of 1996

552.1625 Burden of proof; defenses; actions by tribunal; further contest of order precluded.

Sec. 625.

(1) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving 1 or more of the following defenses:

(a) The issuing tribunal lacked personal jurisdiction over the contesting party.

(b) The order was obtained by fraud.

(c) The order has been vacated, suspended, or modified by a later order.

(d) The issuing tribunal has stayed the order pending appeal.

(e) There is a defense under this state's law to the remedy sought.

(f) Full or partial payment has been made.

(g) The statute of limitations as prescribed by section 605 precludes enforcement of some or all of the arrearages.

(2) If a party presents evidence establishing a full or partial defense under subsection (1), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, or issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under this state's law. If the contesting party does not establish a defense under subsection (1) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the registered order.

(3) Whether by operation of law or after notice and hearing, a registered order's confirmation precludes further contest of the order with respect to a matter that could have been asserted at the time of registration.

History: 1996, Act 310, Eff. June 1, 1997