407.5607 Contest of registration or enforcement.
225 words·~1 min read·
/ky/chapter-407/407-5607A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)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:
(a)The issuing tribunal lacked personal jurisdiction over the contesting party;
(b)The order was obtained by fraud;
(c)The order has been vacated, suspended, or modified by a later order;
(d)The issuing tribunal has stayed the order pending appeal;
(e)There is a defense under the law of this state to the remedy sought;
(f)Full or partial payment has been made;
(g)The statute of limitation under KRS 407.5604 precludes enforcement of some
or all of the alleged arrearages; or
(h)The alleged controlling order is not the controlling order.
(2)If a party presents evidence establishing a full or partial defense under subsection
(1)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.
(3)If the contesting party does not establish a defense under subsection
(1)of this
section to the validity or enforcement of a registered support order, the registering
tribunal shall issue an order confirming the order.