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§ 601-607. Contest of registration or enforcement

Oklahoma Statutes AnnotatedTitle 43. Marriage and Family

Oklahoma Statutes Annotated
Title 43. Marriage and Family (Refs & Annos)
Uniform Interstate Family Support Act (Refs & Annos)
Article 6. Enforcement and Modification of Support Order After Registration
Part B. Contest of Validity or Enforcement
43 Okl.St.Ann. § 601-607
§ 601-607. Contest of registration or enforcement
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 Section 601-604 of this title precludes enforcement of some or all of the alleged arrearages; or
8. The alleged controlling order is not the controlling order.
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.
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

Laws 1994, c. 160, § 42, eff. Sept. 1, 1994; Laws 2004, c. 367, § 36, eff. Nov. 1, 2004; Laws 2015, c. 104, § 43, eff. Nov. 1, 2015; Laws 2016, c. 148, § 20, eff. Nov. 1, 2016.
43 Okl. St. Ann. § 601-607, OK ST T. 43 § 601-607
Current with emergency effective legislation through Chapter 106 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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