454.963. Burden of proof, contest by nonregistering party. - Missouri Statutes

Burden of proof, contest by nonregistering party.

454.963. (a) A party contesting the validity or enforcement of aregistered order or seeking to vacate the registration has the burden ofproving one or more of the following defenses:

(1) the issuing tribunal lacked personal jurisdiction over thecontesting party;

(2) the order was obtained by fraud;

(3) the order has been vacated, suspended, or modified by a laterorder;

(4) the issuing tribunal has stayed the order pending appeal;

(5) there is a defense under the law of this state to the remedysought;

(6) full or partial payment has been made; or

(7) the statute of limitation under section 454.956 precludesenforcement of some or all of the arrearages.

(b) If a party presents evidence establishing a full or partialdefense under subsection (a), a tribunal may stay enforcement of theregistered order, continue the proceeding to permit production ofadditional relevant evidence, and issue other appropriate orders. Anuncontested portion of the registered order may be enforced by all remediesavailable under the law of this state.

(c) If the contesting party does not establish a defense undersubsection (a) to the validity or enforcement of the order, the registeringtribunal shall issue an order confirming the order.

(L. 1997 S.B. 361)

Effective 7-1-97