407.5706 Registration of Convention support order.

333 words·~2 min read·/ky/chapter-407/407-5706

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as otherwise provided in this Article, a party who is an individual or a

support enforcement agency seeking recognition of a Convention support order

shall register the order in this state as provided in Article 6 of this chapter.

(2)Notwithstanding KRS 407.5311 and 407.5602(1), a request for registration of a

Convention support order shall be accompanied by:

(a)A complete text of the support order or an abstract or extract of the support

order drawn up by the issuing foreign tribunal, which may be in the form

recommended by the Hague Conference on Private International Law;

(b)A record stating that the support order is enforceable in the issuing country;

(c)If the respondent did not appear and was not represented in the proceedings in

the issuing country, a record attesting, as appropriate, either that the

respondent had proper notice of the proceedings and an opportunity to be

heard or that the respondent had proper notice of the support order and an

opportunity to be heard in a challenge or appeal on fact or law before a

tribunal;

(d)A record showing the amount of arrears, if any, and the date the amount was

calculated;

(e)A record showing a requirement for automatic adjustment of the amount of

support, if any, and the information necessary to make the appropriate

calculations; and

(f)If necessary, a record showing the extent to which the applicant received free

legal assistance in the issuing country.

(3)A request for registration of a Convention support order may seek recognition and

partial enforcement of the order.

(4)A tribunal of this state may vacate the registration of a Convention support order

without the filing of a contest under KRS 407.5707 only if, acting on its own

motion, the tribunal finds that recognition and enforcement of the order would be

manifestly incompatible with public policy.

(5)The tribunal shall promptly notify the parties of the registration or the order

vacating the registration of a Convention support order.