5B Volume 3 Flashcards
580-601 Registration of order for enforcement
A support order or income withholding from another states tribunal may be registered here in this state for ___________
enforcement
580-602 Procedure to register order for enforcement
A support order or income withholding order from another state is registered here by sending the following documents to the tribunal here:
- A letter of transmittal sent here requesting registration and enforcement
*2. ____________ including __________ certified of all orders to be registered - A sworn statement by the party seeking registration
- The name, address and social security number of the obligor
- The name and address of the obligors employer
- A description and location of obligor’s property not exempt from execution
- The name and address of the obligee and where payments are to be Sent
TWO (2) COPIES……… ONE (1)
580-602 Procedure to register order for enforcement
The registering tribunal upon receipt shall cause the order to be filed as __________ together with a copy of the documents
a foreign judgment
580-603 Effect of registration for enforcement
When an order is __________ that was issued by another state it has the same force and effect as if issued here.
The tribunal here can enforce, but not modify such registered order if the issuing tribunal still has jurisdiction
registered
580-604 Choice of law
It is the law of the_________ that governs the nature, extent, amount and duration of payments.
In a proceeding for arrearages the statute of limitation under this state or the issuing state will apply, whichever is ________
issuing state ….. longer
580-605 Notice of registration of order
*The registering tribunal when registering an out of state order shall notify the non registering party by sending a copy of the order and a notice stating:
- That a registered order has the same effect as an order issued here
2. That a hearing to contest the validity must be requested within ____________
- That failure to contest the validity will result in confirmation of the order
- The amount of any alleged arrears
TWENTY (20) DAYS
580-606 Procedure to contest validity or enforcement of registered support order
*A non registering party seeking to contest the validity of a registered order in this state, shall request a hearing within ____________ after notice of the registration. The registering tribunal will notify the parties of the date, time and place for a hearing on the matter
TWENTY (20) DAYS
580-607 Contest of registration or enforcement
A party contesting the validity of a registered order has the burden of proving one or more of the following defenses:
- The issuing tribunal lacked_______
- The order was obtained by _________
- The order was vacated, suspended or modified
- The order is ________ pending appeal
- There is a defense under the law of this state
- _________ has been made
- ___________________ has expired
jurisdiction…. fraud…….stayed…..Payment…Statute of limitations
580-608 Confirmed order
Confirmation of a registered order __________ further contest of the order
precludes
580-609 Procedure to register child support order of another state for modification
A party or support enforcement agency seeking to __________ a child support order issued in another state shall register that order in this state. A petition for modification may be filed at the same time
*Remember it this way: “while an order can be enforced without registering it, to modify it, it must be registered”
Modify
*Remember it this way: “while an order can be enforced without registering it, to modify it, it must be registered”
580-610 Effect of registration for modification
If an order has been registered for modification purposes it may also be _________ as well
enforced
580-611 Modification of child support order of another state
If a child support order from another tribunal has been properly registered here, the responding tribunal of this state may only modify that order if:
1. The child, obligee and obligor do not reside in the issuing state
2. A petitioner who is a non resident of this state seeks modification
3. The respondent is subject to the personal jurisdiction of this state
There can also be written consent giving the tribunal of this state continuing exclusive jurisdiction
580-611 Modification of child support order of another state
If a child support order from another tribunal has been properly registered here, the responding tribunal of this state may only modify that order if:
1. The child, obligee and obligor do not reside in the issuing state
2. A petitioner who is a non resident of this state seeks modification
3. The respondent is subject to the personal jurisdiction of this state
There can also be written consent giving the tribunal of this state continuing exclusive jurisdiction
580-612 Recognition of order modified in another state
A tribunal of this state shall recognize ___________ of an order if previously issued by another state which assumed jurisdiction
modification
580-613 Jurisdiction to modify child support order of another state when individual parties reside in this state
A tribunal of this state may modify or enforce a child support order of another state if all the individuals reside in this state but the __________ does not
child
580-614 Notice to issuing tribunal of modification
Within ____________ after the issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal who had continuing, exclusive jurisdiction over the earlier order. Failure to file does not affect the validity of the order
THIRTY (30) DAYS
