2A:4-30.109 Contesting validity, enforcement of registered order, procedure.


2A:4-30.109  Contesting validity, enforcement of registered order, procedure.

      45.  a.  A nonregistering party seeking to contest the validity or enforcement of a registered order in this State shall request a hearing within 20 days after the date of mailing or personal service of 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 46 of this act.

      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.

      L.1998,c.2,s.45.
 
2A:4-30.110  Grounds for contesting validity, enforcement, vacating registration.

      46.  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 43 of this act precludes enforcement of some or all of the arrearages.

      b.      If a party presents evidence establishing a full or partial defense under subsection a. of this section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, or 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 subsection a. of this section to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.

      L.1998,c.2,s.46.
 
2A:4-30.111  Confirmation of registered order precludes further contest.

      47.      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.

      L.1998,c.2,s.47.