23-9,607. Contest of registration or enforcement.

23-9,607

Chapter 23.--DOMESTIC RELATIONS Part 6.--ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION Article 9.--UNIFORM INTERSTATE FAMILY SUPPORT ACT

      23-9,607.   Contest of registration or enforcement.(a) A party contesting the validity or enforcement of aregisteredorder or seeking to vacate the registration has the burden of proving one ormore of the following defenses:

      (1)   The issuing tribunal lacked personal jurisdiction over the contestingparty;

      (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 limitations under K.S.A. 23-9,604 and amendmentsthereto (choice oflaw)precludes enforcement of some or all of the arrearages.

      (b)   If a party presents evidence establishing a full or partial defenseunder subsection (a), a tribunal may stay enforcement of the registered order,continue the proceeding to permit production of additional relevant evidence,and issue other appropriate orders. An uncontested portion of the registeredorder 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) to the validity or enforcement of the order, the registering tribunal shallissue an order confirming the order.

      History:   L. 1994, ch. 301, § 72;L. 1997, ch. 182, § 53; July 3.