New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

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Sub Part B - Part 6 - Article 5B - Family Court

CONTEST OF VALIDITY OR ENFORCEMENT

Section Description
580-605 Notice of registration of order.
580-606 Procedure to contest validity or enforcement of registered support order.
580-607 Contest of registration or enforcement.
580-608 Confirmed order.
  S 580-605. Notice of registration of order. (a) When a support order
  or income withholding order issued in another state or a foreign support
  order is registered, the registering tribunal of this state shall notify
  the nonregistering party. The notice must be accompanied by  a  copy  of
  the   registered  order  and  the  documents  and  relevant  information
  accompanying the order.
    (b) A notice must inform the nonregistering party:
    (1) that a registered support order is enforceable as of the  date  of
  registration in the same manner as an order issued by a tribunal of this
  state;
    (2)  that  a  hearing  to  contest  the validity or enforcement of the
  registered order must be  requested  within  twenty  days  after  notice
  unless the registered order is under section 580-707 of this article;
    (3)  that  failure  to  contest  the  validity  or  enforcement of the
  registered order in a timely manner will result in confirmation  of  the
  order and enforcement of the order and the alleged arrearages; and
    (4) of the amount of any alleged arrearages.
    (c)  If  the  registering party asserts that two or more orders are in
  effect, a notice must also:
    (1) identify the two or more orders  and  the  order  alleged  by  the
  registering  party  to  be  the  controlling  order and the consolidated
  arrears, if any;
    (2) notify the nonregistering party of the right to a determination of
  which is the controlling order;
    (3) state that the procedures provided  in  subdivision  (b)  of  this
  section  apply  to  the determination of which is the controlling order;
  and
    (4) state that failure to contest the validity or enforcement  of  the
  order  alleged to be the controlling order in a timely manner may result
  in confirmation that the order is the controlling order.
    (d) Upon registration of an income withholding order for  enforcement,
  the  support enforcement agency or the registering tribunal shall notify
  the obligor's employer pursuant to section  five  thousand  two  hundred
  forty-one  or  five thousand two hundred forty-two of the civil practice
  law and rules.

  S 580-606. Procedure to contest validity or enforcement of registered
  support order.  (a)  A  nonregistering  party  seeking  to  contest  the
  validity  or  enforcement  of  a  registered support order in this state
  shall request a hearing within the time required by section  580-605  of
  this   subpart.   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 580-607 of this
  subpart.
    (b) If the nonregistering party  fails  to  contest  the  validity  or
  enforcement  of  the  registered  support  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 support 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.

  S 580-607. 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 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;
    (7) the statute of limitation  under  section  580-604  of  this  part
  precludes enforcement of some or all of the alleged arrearages; or
    (8) the alleged controlling order is not the controlling order.
    (b)  If  a  party  presents  evidence  establishing  a full or partial
  defense under subdivision (a) of  this  section,  a  tribunal  may  stay
  enforcement  of  a  registered support order, continue the proceeding to
  permit production of  additional  relevant  evidence,  and  issue  other
  appropriate  orders.  An  uncontested  portion of the registered support
  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
  subdivision (a) of this section to the  validity  or  enforcement  of  a
  registered  support order, the registering tribunal shall issue an order
  confirming the order.

  S 580-608. Confirmed  order.  Confirmation  of  a  registered  support
  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.

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