2015 Kentucky Revised Statutes CHAPTER 407 - INTERSTATE SUPPORT ENFORCEMENT 407.5708 Recognition and enforcement of registered Convention support order.
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407.5708 Recognition and enforcement of registered Convention support order.
(1)
(2)
(3)
Except as otherwise provided in subsection (2) of this section, a tribunal of this state
shall recognize and enforce a registered Convention support order.
The following grounds are the only grounds on which a tribunal of this state may
refuse recognition and enforcement of a registered Convention support order:
(a) Recognition and enforcement of the order is manifestly incompatible with
public policy, including the failure of the issuing tribunal to observe minimum
standards of due process, which include notice and an opportunity to be heard;
(b) The issuing tribunal lacked personal jurisdiction consistent with KRS
407.5201;
(c) The order is not enforceable in the issuing country;
(d) The order was obtained by fraud in connection with a matter of procedure;
(e) A record transmitted in accordance with KRS 407.5706 lacks authenticity or
integrity;
(f) A proceeding between the same parties and having the same purpose is
pending before a tribunal of this state and that proceeding was the first to be
filed;
(g) The order is incompatible with a more recent support order involving the same
parties and having the same purpose if the more recent support order is
entitled to recognition and enforcement under KRS 407.5101 to 407.5902;
(h) Payment, to the extent alleged arrears have been paid in whole or in part;
(i) In a case in which the respondent neither appeared nor was represented in the
proceeding in the issuing foreign country:
1.
If the law of that country provides for prior notice of proceedings, the
respondent did not have proper notice of the proceedings and an
opportunity to be heard; or
2.
If the law of that country does not provide for prior notice of the
proceedings, the respondent did not have proper notice of the order and
an opportunity to be heard in a challenge or appeal on fact or law before
a tribunal; or
(j) The order was made in violation of KRS 407.5711.
If a tribunal of this state does not recognize a Convention support order under
paragraph (b), (d), or (i) of subsection (2) of this section:
(a) The tribunal may not dismiss the proceeding without allowing a reasonable
time for a party to request the establishment of a new Convention support
order; and
(b) The Cabinet for Health and Family Services shall take all appropriate
measures to request a child support order for the obligee if the application for
recognition and enforcement was received under KRS 407.5704.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 18, sec. 62, effective June 24, 2015.
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