2020 Indiana Code
Title 31. Family Law and Juvenile Law
Article 18.5. Family Law: Uniform Interstate Family Support Act
Chapter 6. Registration, Enforcement, and Modification of Support Order
31-18.5-6-7. Contest of Registration or Enforcement

Universal Citation:
IN Code § 31-18.5-6-7 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

Sec. 7. (a) 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:

(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 Indiana law to the remedy sought.

(6) Full or partial payment has been made.

(7) The statute of limitation under section 4 of this chapter precludes enforcement of some or all of the alleged arrearages.

(8) The alleged controlling order is not the controlling order.

(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may:

(1) stay enforcement of a registered support order;

(2) continue the proceeding to permit production of additional relevant evidence; and

(3) issue other appropriate orders.

An uncontested part of the registered support order may be enforced by all remedies available under Indiana law.

(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.

As added by P.L.206-2015, SEC.53.

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