19-A §3317. Contest of registered Convention support order (WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2009, c. 95, §87)
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 7-A: SUPPORT PROCEEDINGS SUBJECT TO CONVENTION
§3317. Contest of registered Convention support order
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE ON CONTINGENCY: See PL 2009, c. 95, §87)
1. General requirements. Except as otherwise provided in this subchapter, sections 3201 to 3204 apply to a contest of a registered Convention support order.
[ 2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF) .]
2. Additional requirements. A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, except that if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
[ 2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF) .]
3. Enforceable by operation of law. If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection 2, the order is enforceable.
[ 2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF) .]
4. Basis. A contest of a registered convention support order may be based only on grounds set forth in section 3318. The contesting party bears the burden of proof.
[ 2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF) .]
5. Limitations. In a contest of a registered Convention support order, a tribunal of this State:
A. Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and [2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF).]
B. May not review the merits of the support order. [2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF).]
[ 2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF) .]
6. Notice of decision. A tribunal of this State deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
[ 2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF) .]
7. No stay on appeal. A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
[ 2009, c. 95, §83 (NEW); 2009, c. 95, §87 (AFF) .]
SECTION HISTORY
2009, c. 95, §83 (NEW). 2009, c. 95, §87 (AFF).