Current through P.L. 171-2024
Section 31-18.5-6-7 - Contest of registration or enforcement(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.Added by P.L. 206-2015, SEC. 53, eff. 7/1/2015.