eLaws of Florida

  SECTION 88.6071. Contest of registration or enforcement.  


Latest version.
  • 1(1) 2A 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:
    32(a) 33The issuing tribunal lacked personal jurisdiction over the contesting party;
    43(b) 44The order was obtained by fraud;
    50(c) 51The order has been vacated, suspended, or modified by a later order;
    63(d) 64The issuing tribunal has stayed the order pending appeal;
    73(e) 74There is a defense under the law of this state to the remedy sought;
    88(f) 89Full or partial payment has been made;
    96(g) 97The statute of limitation under s. 10388.6041 104precludes enforcement of some or all of the alleged arrearages; or
    115(h) 116The alleged controlling order is not the controlling order.
    125(2) 126If a party presents evidence establishing a full or partial defense under subsection (1), 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.
    186(3) 187If the contesting party does not establish a defense under subsection (1) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
History.-s. 6, ch. 96-189; s. 50, ch. 2011-92.

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