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407.5607 Contest of registration or enforcement.
(1)
(2)
(3)
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:
(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 KRS 407.5604 precludes enforcement of some
or all of the alleged arrearages; or
(h) The alleged controlling order is not the controlling order.
If a party presents evidence establishing a full or partial defense under subsection
(1) of this section, a tribunal may stay enforcement of a registered support order,
continue the proceeding to permit production of additional relevant evidence, and
issue other appropriate orders. An uncontested portion of the registered support
order may be enforced by all remedies available under the law of this state.
If the contesting party does not establish a defense under subsection (1) of this
section to the validity or enforcement of a registered support order, the registering
tribunal shall issue an order confirming the order.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 18, sec. 46, effective June 24, 2015. -- Contingent
effective date repealed 1998 Ky. Acts ch. 101, sec. 20, effective March 23, 1998. -Created 1996 Ky. Acts ch. 365, sec. 52, effective upon contingency.
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