(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 201 [§48-16-201];
(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 706 [§48-16-706] 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 article 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 711 [§48-16-711].
(c) If a tribunal of this state does not recognize a convention support order under subsection (b)(2) [§48-16-708 (b)(2)], (4) [§48-16-708(b)(4)], or (9) [§48-16-708(b)(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 Bureau for Child Support Enforcement 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 704 [§48-16-704].
Structure West Virginia Code
Chapter 48. Domestic Relations
Article 16. Uniform Interstate Family Support Act
§48-16-103. State Tribunal and Support Enforcement Agency
§48-16-104. Remedies Cumulative
§48-16-105. Application of Article to Resident of Foreign Country and Foreign Support Proceeding
§48-16-201. Bases for Jurisdiction Over Nonresident
§48-16-202. Duration of Personal Jurisdiction
§48-16-203. Initiating and Responding Tribunal of State
§48-16-204. Simultaneous Proceedings
§48-16-205. Continuing, Exclusive Jurisdiction to Modify Child Support Order
§48-16-206. Continuing Jurisdiction to Enforce Child Support Order
§48-16-207. Determination of Controlling Child Support Order
§48-16-208. Child Support Orders for Two or More Obligees
§48-16-209. Credit for Payments
§48-16-210. Application of Article to Nonresident Subject to Personal Jurisdiction
§48-16-211. Continuing, Exclusive Jurisdiction to Modify Spousal Support Order
§48-16-301. Proceeding Under Article
§48-16-302. Proceeding by Minor Parent
§48-16-303. Application of Law of State
§48-16-304. Duties of Initiating Tribunal
§48-16-305. Duties and Powers of Responding Tribunal
§48-16-306. Inappropriate Tribunal
§48-16-307. Duties of Support Enforcement Agency
§48-16-310. Duties of State Information Agency
§48-16-311. Pleadings and Accompanying Documents
§48-16-312. Nondisclosure of Information in Exceptional Circumstances
§48-16-314.Limited. Immunity of Petitioner
§48-16-315. Nonparentage as Defense
§48-16-316. Special Rules of Evidence and Procedure
§48-16-317. Communications Between Tribunals
§48-16-318. Assistance With Discovery
§48-16-319. Receipt and Disbursement of Payments
§48-16-401. Petition to Establish Support Order
§48-16-402. Proceeding to Determine Parentage
§48-16-501. Employer's Receipt of Income Withholding Order of Another State
§48-16-502. Employer's Compliance With Income Withholding Order of Another State
§48-16-503. Employer's Compliance With Two or More Income Withholding Orders
§48-16-504. Immunity From Civil Liability
§48-16-505. Penalties for Noncompliance
§48-16-506. Contest by Obligor
§48-16-507. Administrative Enforcement of Orders
§48-16-601. Registration of Order for Enforcement
§48-16-602. Procedure to Register Order for Enforcement
§48-16-603. Effect of Registration for Enforcement
§48-16-605. Notice of Registration of Order
§48-16-606. Procedure to Contest Validity or Enforcement of Registered Support Order
§48-16-607. Contest of Registration or Enforcement
§48-16-609. Procedure to Register Child Support Order of Another State for Modification
§48-16-610. Effect of Registration for Modification
§48-16-611. Modification of Child Support Order of Another State
§48-16-612. Recognition of Order Modified in Another State
§48-16-614. Notice to Issuing Tribunal of Modification
§48-16-615. Jurisdiction to Modify Child Support Order of Foreign Country
§48-16-616. Procedure to Register Child Support Order of Foreign Country for Modification
§48-16-703. Relationship of Bureau for Child Support Enforcement to United States Central Authority
§48-16-704. Initiation by Bureau for Child Support Enforcement Proceeding Under Convention
§48-16-706. Registration of Convention Support Order
§48-16-707. Contest of Registered Convention Support Order
§48-16-708. Recognition and Enforcement of Registered Convention Support Order
§48-16-709. Partial Enforcement
§48-16-710. Foreign Support Agreement
§48-16-711. Modification of Convention Child Support Order
§48-16-712. Personal Information: Limit on Use
§48-16-713. Record Original Language: English Translation
§48-16-801. Grounds for Rendition
§48-16-802. Conditions of Rendition
§48-16-901. Uniformity of Application and Construction