§3317. Contest of registered Convention support order
1. General requirements. Except as otherwise provided in this subchapter, sections 3201 to 3204 apply to a contest of a registered Convention support order.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
2. Additional requirements. A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, except that if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
3. Enforceable by operation of law. If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection 2, the order is enforceable.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
4. Basis. A contest of a registered convention support order may be based only on grounds set forth in section 3318. The contesting party bears the burden of proof.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
5. Limitations. In a contest of a registered Convention support order, a tribunal of this State:
A. Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. May not review the merits of the support order. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
6. Notice of decision. A tribunal of this State deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
7. No stay on appeal. A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).
Structure Maine Revised Statutes
TITLE 19-A: DOMESTIC RELATIONS
Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT
Subchapter 7-A: SUPPORT PROCEEDINGS SUBJECT TO CONVENTION
19-A §3313. Relationship of the department to United States central authority
19-A §3314. Initiation by department of support proceedings
19-A §3316. Registration of Convention support order
19-A §3317. Contest of registered Convention support order
19-A §3318. Recognition and enforcement of registered Convention support order
19-A §3319. Partial enforcement
19-A §3320. Foreign support agreement
19-A §3321. Modification of child support order subject to Convention
19-A §3322. Personal information; limit on use
19-A §3323. Record in original language; English translation