1. A party contesting the validity or enforcement of a registered order or seeking
to vacate the registration has the burden of proving one or more of the following
a. The issuing tribunal lacked personal jurisdiction over the contesting party;
b. The order was obtained by fraud;
c. The order has been vacated, suspended, or modified by a later order;
d. The issuing tribunal has stayed the order pending appeal;
e. There is a defense under the law of this state to the remedy sought;
f. Full or partial payment has been made;
g. The statute of limitation under section 14-12.2-38 precludes enforcement of some or all of the alleged arrearages; or
h. The alleged controlling order is not the controlling order.
2. If a party presents evidence establishing a full or partial defense under subsection
1, 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 registered order may be enforced by all remedies available
under the law of this state.
3. If the contesting party does not establish a defense under subsection 1 to the
validity or enforcement of the order, the registering tribunal shall issue an order
confirming the order.
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 or via Westlaw before relying on it for your legal needs.
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