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407.5706 Registration of Convention support order.
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(2)
(3)
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(5)
Except as otherwise provided in this Article, a party who is an individual or a
support enforcement agency seeking recognition of a Convention support order
shall register the order in this state as provided in Article 6 of this chapter.
Notwithstanding KRS 407.5311 and 407.5602(1), a request for registration of a
Convention support order shall be accompanied by:
(a) A complete text of the support order or an abstract or extract of the support
order drawn up by the issuing foreign tribunal, which may be in the form
recommended by the Hague Conference on Private International Law;
(b) A record stating that the support order is enforceable in the issuing country;
(c) If the respondent did not appear and was not represented in the proceedings in
the issuing country, a record attesting, as appropriate, either that the
respondent had proper notice of the proceedings and an opportunity to be
heard or that the respondent had proper notice of the support order and an
opportunity to be heard in a challenge or appeal on fact or law before a
tribunal;
(d) A record showing the amount of arrears, if any, and the date the amount was
calculated;
(e) A record showing a requirement for automatic adjustment of the amount of
support, if any, and the information necessary to make the appropriate
calculations; and
(f) If necessary, a record showing the extent to which the applicant received free
legal assistance in the issuing country.
A request for registration of a Convention support order may seek recognition and
partial enforcement of the order.
A tribunal of this state may vacate the registration of a Convention support order
without the filing of a contest under KRS 407.5707 only if, acting on its own
motion, the tribunal finds that recognition and enforcement of the order would be
manifestly incompatible with public policy.
The tribunal shall promptly notify the parties of the registration or the order
vacating the registration of a Convention support order.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 18, sec. 60, effective June 24, 2015.
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