20-88.72 - Contest of registration or enforcement. - Virginia Statutes

§ 20-88.72. Contest of registration or enforcement.

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 ofthe following defenses:

1. The issuing tribunal lacked personal jurisdiction over the contestingparty;

2. The order was obtained by fraud;

3. The order has been vacated, suspended, or modified by a later order;

4. The issuing tribunal has stayed the order pending appeal;

5. There is a defense under the law of the Commonwealth to the remedy sought;

6. Full or partial payment has been made;

7. The statute of limitations under § 20-88.69 precludes enforcement of someor all of the alleged arrearages; or

8. The alleged controlling order is not the controlling order.

B. If a party presents evidence establishing a full or partial defense undersubsection A, a tribunal may stay enforcement of the registered order,continue the proceeding to permit production of additional relevant evidence,and issue other appropriate orders. An uncontested portion of the registeredorder may be enforced by all remedies available under the law of theCommonwealth.

C. If the contesting party does not establish a defense under subsection A tothe validity or enforcement of the order, the registering tribunal shallissue an order confirming the order.

(1994, c. 673; 2005, c. 754.)