(2) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order:
(a) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(b) The issuing tribunal lacked personal jurisdiction consistent with ORS 110.518;
(c) The order is not enforceable in the issuing country;
(d) The order was obtained by fraud in connection with a matter of procedure;
(e) A record transmitted in accordance with ORS 110.655 lacks authenticity or integrity;
(f) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(g) The order is incompatible with a more recent support order involving the same parties and having the same purpose, if the more recent support order is entitled to recognition and enforcement under this chapter in this state;
(h) Payment, to the extent alleged arrears have been paid in whole or in part;
(i) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(A) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(B) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(j) The order was made in violation of ORS 110.667.
(3) If a tribunal of this state does not recognize a Convention support order under subsection (2)(b), (d) or (i) of this section:
(a) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
(b) The Department of Justice shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under ORS 110.650. [2015 c.298 §69]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 110 - Uniform Interstate Family Support Act
Section 110.503 - Definitions.
Section 110.504 - Tribunal of state.
Section 110.505 - Remedies cumulative; limitations.
Section 110.510 - Application to certain support proceedings.
Section 110.518 - Bases for jurisdiction over nonresident; limitations.
Section 110.524 - Simultaneous proceedings in another state.
Section 110.527 - Continuing, exclusive jurisdiction.
Section 110.530 - Tribunal of state as initiating or responding tribunal.
Section 110.533 - Recognition of controlling child support order.
Section 110.540 - Spousal support proceedings.
Section 110.542 - Proceedings under this chapter.
Section 110.548 - Application of law of this state.
Section 110.549 - Duties of initiating tribunal.
Section 110.551 - Duties and powers of responding tribunal.
Section 110.563 - Duty of Attorney General; reciprocal arrangement with foreign country.
Section 110.569 - Duties of Attorney General’s office as state information agency.
Section 110.572 - Pleadings and accompanying documents.
Section 110.578 - Costs and fees.
Section 110.579 - Limited immunity of petitioner.
Section 110.584 - Special rules of evidence and procedure.
Section 110.590 - Assistance with discovery.
Section 110.592 - Authority to issue support order.
Section 110.595 - Employer’s compliance with income withholding order of another state.
Section 110.601 - Contest by obligor.
Section 110.602 - Administrative enforcement of order.
Section 110.607 - Procedure to register order for enforcement.
Section 110.608 - Effect of registration for enforcement.
Section 110.611 - Choice of law.
Section 110.614 - Notice of registration of order.
Section 110.617 - Procedure to contest validity or enforcement of registered order.
Section 110.620 - Contest of registration or enforcement.
Section 110.632 - Modification of child support order of another state.
Section 110.635 - Enforcement and recognition of order modified by another state.
Section 110.639 - Jurisdiction to modify foreign child support order.
Section 110.645 - Definitions.
Section 110.650 - Proceedings available under Convention.
Section 110.653 - Direct request for recognition and enforcement of order.
Section 110.655 - Registration of Convention support order.
Section 110.657 - Contest of registered Convention support order.
Section 110.660 - Recognition and enforcement of registered Convention support order.
Section 110.665 - Recognition and enforcement of registered foreign support agreement.
Section 110.667 - Modification of Convention support order; requirements.