(a) Except as otherwise provided in paragraph (b), 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 518C.201;
(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 518C.706 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 this chapter 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:
(i) 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
(ii) 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 518C.711.
(c) If a tribunal of this state does not recognize a convention support order under paragraph (b), clause (2), (4), or (9):
(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 Department of Human Services 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 518C.704.
2014 c 189 s 62,73; 2015 c 71 art 1 s 119
Structure Minnesota Statutes
Chapters 517 - 519A — Domestic Relations
Chapter 518C — Uniform Interstate Family Support Act
Section 518C.101 — Definitions.
Section 518C.102 — State Tribunal And Support Enforcement Agency.
Section 518C.103 — Remedies Cumulative.
Section 518C.201 — Bases For Jurisdiction Over Nonresident.
Section 518C.202 — Duration Of Personal Jurisdiction.
Section 518C.203 — Initiating And Responding Tribunal Of This State.
Section 518C.204 — Simultaneous Proceedings In Another State Or Foreign Country.
Section 518C.205 — Continuing, Exclusive Jurisdiction To Modify Child Support Order.
Section 518C.206 — Continuing Jurisdiction To Enforce Child Support Order.
Section 518C.207 — Determination Of Controlling Child Support Order.
Section 518C.208 — Child Support Orders For Two Or More Obligees.
Section 518C.209 — Credit For Payments.
Section 518C.210 — Application To Nonresident Subject To Personal Jurisdiction.
Section 518C.211 — Continuing, Exclusive Jurisdiction To Modify Spousal Support Order.
Section 518C.301 — Proceedings Under This Chapter.
Section 518C.302 — Action By Minor Parent.
Section 518C.303 — Application Of Law Of This State.
Section 518C.304 — Duties Of Initiating Tribunal.
Section 518C.305 — Duties And Powers Of Responding Tribunal.
Section 518C.306 — Inappropriate Tribunal.
Section 518C.307 — Duties Of Support Enforcement Agency.
Section 518C.308 — Duty Of Attorney General.
Section 518C.309 — Private Counsel.
Section 518C.310 — Duties Of State Information Agency.
Section 518C.311 — Pleadings And Accompanying Documents.
Section 518C.312 — Nondisclosure Of Information In Exceptional Circumstances.
Section 518C.313 — Costs And Fees.
Section 518C.314 — Limited Immunity Of Petitioner.
Section 518C.315 — Nonparentage As Defense.
Section 518C.316 — Special Rules Of Evidence And Procedure.
Section 518C.317 — Communications Between Tribunals.
Section 518C.318 — Assistance With Discovery.
Section 518C.319 — Receipt And Disbursement Of Payments.
Section 518C.401 — Establishment Of Support Order.
Section 518C.402 — Proceeding To Determine Parentage.
Section 518C.501 — Employer's Receipt Of Income-withholding Order Of Another State.
Section 518C.502 — Employer's Compliance With Income-withholding Order Of Another State.
Section 518C.503 — Employer's Compliance With Two Or More Income-withholding Orders.
Section 518C.504 — Immunity From Civil Liability.
Section 518C.505 — Penalties For Noncompliance.
Section 518C.506 — Contest By Obligor.
Section 518C.507 — Administrative Enforcement Of Orders.
Section 518C.601 — Registration Of Order For Enforcement.
Section 518C.602 — Procedure To Register Order For Enforcement.
Section 518C.603 — Effect Of Registration For Enforcement.
Section 518C.604 — Choice Of Law.
Section 518C.605 — Notice Of Registration Of Order.
Section 518C.606 — Procedure To Contest Validity Or Enforcement Of Registered Support Order.
Section 518C.607 — Contest Of Registration Or Enforcement.
Section 518C.608 — Confirmed Order.
Section 518C.609 — Procedure To Register Child Support Order Of Another State For Modification.
Section 518C.610 — Effect Of Registration For Modification.
Section 518C.611 — Modification Of Child Support Order Of Another State.
Section 518C.612 — Recognition Of Order Modified In Another State.
Section 518C.614 — Notice To Issuing Tribunal Of Modification.
Section 518C.615 — Jurisdiction To Modify Child Support Order Of Foreign Country.
Section 518C.616 — Procedure To Register Child Support Order Of Foreign Country For Modification.
Section 518C.701 — Definitions.
Section 518C.702 — Applicability.
Section 518C.703 — Relationship Of Department Of Human Services To United States Central Authority.
Section 518C.705 — Direct Request.
Section 518C.706 — Registration Of Convention Support Order.
Section 518C.707 — Contest Of Registered Convention Support Order.
Section 518C.708 — Recognition And Enforcement Of Registered Convention Support Order.
Section 518C.709 — Partial Enforcement.
Section 518C.710 — Foreign Support Agreement.
Section 518C.711 — Modification Of Convention Child Support Order.
Section 518C.712 — Personal Information; Limit On Use.
Section 518C.713 — Record In Original Language; English Translation.
Section 518C.801 — Grounds For Rendition.
Section 518C.802 — Conditions Of Rendition.
Section 518C.901 — Uniformity Of Application And Construction.