- Consolidated Laws - Family Court
Part 6. B. Contest of validity or enforcement.
S 580-605. Notice of registration of order. (a) When a support order
or income-withholding order issued in another state is registered, the
registering tribunal shall notify the nonregistering party. The notice
must be accompanied by a copy of the registered order and the documents
and relevant information accompanying the order.
(b) The notice must inform the nonregistering party:
(1) that a registered order is enforceable as of the date of
registration in the same manner as an order issued by a tribunal of this
state;
(2) that a hearing to contest the validity or enforcement of the
registered order must be requested within twenty days after notice;
(3) that failure to contest the validity or enforcement of the
registered order in a timely manner will result in confirmation of the
order and enforcement of the order and the alleged arrearages and
precludes further contest of that order with respect to any matter that
could have been asserted; and
(4) of the amount of any alleged arrearages.
(c) Upon registration of an income-withholding order for enforcement,
the registering tribunal shall notify the obligor`s employer pursuant to
section five thousand two hundred forty-one or section five thousand two
hundred forty-two of the civil practice law and rules.
S 580-606. Procedure to contest validity or enforcement of registered
order. (a) A nonregistering party seeking to contest the validity or
enforcement of a registered order in this state shall request a hearing
within twenty days after notice of the registration. The nonregistering
party may seek to vacate the registration, to assert any defense to an
allegation of noncompliance with the registered order, or to contest the
remedies being sought or the amount of any alleged arrearages pursuant
to section 580-607 (contest of registration or enforcement).
(b) If the nonregistering party fails to contest the validity or
enforcement of the registered order in a timely manner, the order is
confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the
validity or enforcement of the registered order, the registering
tribunal shall schedule the matter for hearing and give notice to the
parties of the date, time, and place of the hearing.
S 580-607. Contest of registration or enforcement. (a) 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 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 the law of this state to the remedy
sought;
(6) full or partial payment has been made; or
(7) the statute of limitation under section 580-604 (choice of law)
precludes enforcement of some or all of the arrearages.
(b) If a party presents evidence establishing a full or partial
defense under subdivision (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 registered order may be enforced by all
remedies available under the law of this state.
(c) If the contesting party does not establish a defense under
subdivision (a) of this section to the validity or enforcement of the
order, the registering tribunal shall issue an order confirming the
order.
S 580-608. Confirmed order. Confirmation of a registered order,
whether by operation of law or after notice and hearing, precludes
further contest of the order with respect to any matter that could have
been asserted at the time of registration.
