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§ 10-346. Contest of registration or enforcement

West's Annotated Code of MarylandFamily LawEffective: July 1, 2015

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 10. Support in General (Refs & Annos)
Subtitle 3. Maryland Uniform Interstate Family Support Act (Refs & Annos)
Part VI. Registration, Enforcement, and Modification of Support Order (Refs & Annos)
Subpart B. Contest of Validity or Enforcement (Refs & Annos)
Effective: July 1, 2015
MD Code, Family Law, § 10-346
§ 10-346. Contest of registration or enforcement
Defenses to vacate registration
(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) the issuing tribunal lacked personal jurisdiction over the contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or modified by a later order;
(4) the issuing tribunal has stayed the order pending appeal;
(5) there is a defense under the law of this State to the remedy sought;
(6) full or partial payment has been made;
(7) the statute of limitation under § 10-343 of this subtitle precludes enforcement of some or all of the alleged arrearages; or
(8) the alleged controlling order is not the controlling order.
Powers of tribunal
(b) If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this State.
Order confirming the order
(c) If the contesting party does not establish a defense under subsection (a) of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.

Credits

Added as Family Law § 10-337 by Acts 1996, c. 667, § 2, eff. Jan. 1, 1997. Renumbered as Family Law § 10-346 by Acts 1997, c. 609, § 1, eff. July 1, 1997. Amended by Acts 1997, c. 609, § 1, eff. July 1, 1997; Acts 2008, c. 522, § 1, eff. Oct. 1, 2008; Acts 2015, c. 308, § 2, eff. July 1, 2015.
MD Code, Family Law, § 10-346, MD FAMILY § 10-346
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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