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RHODE ISLAND STATUTES AND CODES

§ 15-23.1-607 - Contest of registration or enforcement.

SECTION 15-23.1-607

   § 15-23.1-607  Contest of registration orenforcement. – (a) A party contesting the validity or enforcement of a registered order orseeking to vacate the registration has the burden of proving one or more of thefollowing defenses:

   (1) The issuing tribunal lacked personal jurisdiction overthe contesting party;

   (2) The order was obtained by fraud;

   (3) The order has been vacated, suspended, or modified by alater order;

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

   (5) There is a defense under the law of this state to theremedy sought;

   (6) Full or partial payment has been made;

   (7) The statute of limitations under § 15-23.1-604(Choice of law) precludes enforcement of some or all of the arrearages; or

   (8) The alleged controlling order is not the controllingorder.

   (b) If a party presents evidence establishing a full orpartial defense under subsection (a) of this section, a tribunal may stayenforcement of the registered order, continue the proceeding to permitproduction of additional relevant evidence, and issue other appropriate orders.An uncontested 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 defenseunder subsection (a) of this section to the validity or enforcement of theorder, the registering tribunal shall issue an order confirming the order.

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