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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 7. (a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one (1) or more of the following defenses:
(1) The issuing tribunal lacked personal jurisdiction over the contesting party.
(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 Indiana law to the remedy sought.
(6) Full or partial payment has been made.
(7) The statute of limitation under section 4 of this chapter precludes enforcement of some or all of the alleged arrearages.
(8) The alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may:
(1) stay enforcement of a registered support order;
(2) continue the proceeding to permit production of additional relevant evidence; and
(3) issue other appropriate orders.
An uncontested part of the registered support order may be enforced by all remedies available under Indiana law.
(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
Cite this article: FindLaw.com - Indiana Code Title 31. Family Law and Juvenile Law § 31-18.5-6-7 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-18-5-6-7/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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