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The 189th General Court of the Commonwealth of Massachusetts

Section 6-607: Contest of registration or enforcement

[ Text of section effective until March 31, 2016. For text effective March 31, 2016, see below.]

  Section 6-607. Contest of registration or enforcement.

  (a) A party contesting the validity or enforcement of a registered 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 the commonwealth to the remedy sought;

  (6) full or partial payment has been made; or

  (7) the statute of limitation under Section 6-604 (Choice of Law) precludes enforcement of some or all of the arrearages.

  (b) If a party presents evidence establishing a full or partial defense under 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 registered order may be enforced by all remedies available under the law of the commonwealth.

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

Chapter 209D: Section 6-607. Contest of registration or enforcement

[ Text of section as recodified by 2016, 53, Sec. 1 effective March 31, 2016 applicable as provided by 2016, 53, Sec. 2. See 2016, 53, Sec. 3. For text effective until March 31, 2016, see above.]

  Section 6-607. 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 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 the law of the commonwealth to the remedy sought;

  (6) full or partial payment has been made;

  (7) the statute of limitation under section 6-604 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 subsection (a), 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 the commonwealth.

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