(a) Except as otherwise provided in subsection (b) of this section, a tribunal of this state shall recognize and enforce a registered Convention support order.
(b) 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: (1) 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; (2) the issuing tribunal lacked personal jurisdiction consistent with section 46b-311; (3) the order is not enforceable in the issuing country; (4) the order was obtained by fraud in connection with a matter of procedure; (5) a record transmitted in accordance with section 46b-403 lacks authenticity or integrity; (6) 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; (7) 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 sections 46b-301 to 46b-425, inclusive, in this state; (8) payment, to the extent alleged arrears have been paid in whole or in part; (9) 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 (10) the order was made in violation of section 46b-408.
(c) If a tribunal of this state does not recognize a Convention support order under subdivision (2), (4) or (9) of subsection (b) of this section (1) 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 (2) the IV-D agency shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 46b-401.
(P.A. 15-71, S. 68; P.A. 16-193, S. 27.)
History: P.A. 15-71 effective July 1, 2015; P.A. 16-193 made technical changes in Subsec. (b).
Structure Connecticut General Statutes
Chapter 817 - Uniform Interstate Family Support Act
Section 46b-301. - Short title.
Section 46b-302. - Definitions.
Section 46b-303. - State tribunal and support enforcement agency.
Section 46b-304. - Remedies cumulative.
Section 46b-305. - Application of act to resident of foreign country and foreign support proceeding.
Section 46b-311. - Bases for jurisdiction over nonresident.
Section 46b-312. - Duration of personal jurisdiction.
Section 46b-313. - Initiating and responding tribunal of state.
Section 46b-314. - Simultaneous proceedings.
Section 46b-315. - Continuing, exclusive jurisdiction to modify child support order.
Section 46b-316. - Continuing jurisdiction to enforce child support order.
Section 46b-317. - Determination of controlling child support order.
Section 46b-318. - Child support orders for two or more obligees.
Section 46b-319. - Credit for payments.
Section 46b-320. - Application of act to nonresident subject to personal jurisdiction.
Section 46b-321. - Continuing, exclusive jurisdiction to modify spousal support order.
Section 46b-327. - Proceedings under act.
Section 46b-328. - Proceeding by minor parent.
Section 46b-329. - Application of law of state.
Section 46b-330. - Duties of initiating tribunal.
Section 46b-331. - Duties and powers of responding tribunal.
Section 46b-332. - Inappropriate tribunal.
Section 46b-333. - Duties of support enforcement agency.
Section 46b-334. - Duty of commissioner and Chief Court Administrator.
Section 46b-335. - Private counsel.
Section 46b-336. - Duties of state information agency.
Section 46b-337. - Pleadings and accompanying documents.
Section 46b-338. - Nondisclosure of information in exceptional circumstances.
Section 46b-339. - Costs and fees.
Section 46b-340. - Limited immunity of petitioner.
Section 46b-341. - Nonparentage as defense.
Section 46b-342. - Special rules of evidence and procedure.
Section 46b-343. - Communications between tribunals.
Section 46b-344. - Assistance with discovery.
Section 46b-345. - Receipt and disbursement of payments.
Section 46b-351. - Establishment of support order.
Section 46b-352. - Proceeding to determine parentage.
Section 46b-358. - Employer's receipt of income-withholding order of another state.
Section 46b-359. - Employer's compliance with income-withholding order of another state.
Section 46b-360. - Employer's compliance with two or more income-withholding orders.
Section 46b-361. - Immunity from civil liability.
Section 46b-362. - Penalties for noncompliance.
Section 46b-363. - Contest by obligor.
Section 46b-364. - Administrative enforcement of orders.
Section 46b-370. - Registration of order for enforcement.
Section 46b-371. - Procedure to register order for enforcement.
Section 46b-372. - Effect of registration for enforcement.
Section 46b-373. - Choice of law.
Section 46b-377. - Notice of registration of order.
Section 46b-378. - Procedure to contest validity or enforcement of registered support order.
Section 46b-379. - Contest of registration or enforcement.
Section 46b-380. - Confirmed order.
Section 46b-384. - Procedure to register child support order of another state for modification.
Section 46b-385. - Effect of registration for modification.
Section 46b-386. - Modification of child support order of another state.
Section 46b-387. - Recognition of order modified in another state.
Section 46b-389. - Notice to issuing tribunal of modification.
Section 46b-393. - Jurisdiction to modify child support order of foreign country.
Section 46b-394. - Procedure to register child support order of foreign country for modification.
Section 46b-398. - Definitions.
Section 46b-399. - Applicability.
Section 46b-400. - Relationship of IV-D agency to United States central authority.
Section 46b-401. - Initiation by IV-D agency of support proceeding under Convention.
Section 46b-402. - Direct request.
Section 46b-403. - Registration of Convention support order.
Section 46b-404. - Contest of registered Convention support order.
Section 46b-405. - Recognition and enforcement of registered Convention support order.
Section 46b-406. - Partial enforcement.
Section 46b-407. - Foreign support agreement.
Section 46b-408. - Modification of Convention child support order.
Section 46b-409. - Personal information; limit on use.
Section 46b-410. - Record in original language; English translation.
Section 46b-416. - Grounds for rendition.
Section 46b-417. - Conditions of rendition.
Section 46b-423. - Uniformity of application and construction.