North Dakota Code 14-12.2-47.10 – (710) Foreign support agreement
1. Except as provided in subsections 3 and 4, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
Terms Used In North Dakota Code 14-12.2-47.10
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Fraud: Intentional deception resulting in injury to another.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. An application or direct request for recognition and enforcement of a foreign support agreement shall be accompanied by:
a. A complete text of the foreign support agreement; and
b. A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
3. A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
4. In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
a. Recognition and enforcement of the agreement is manifestly incompatible with public policy; b. The agreement was obtained by fraud or falsification; c. The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state; or
d. The record submitted under subsection 2 lacks authenticity or integrity.
5. A proceeding for recognition and enforcement of a foreign support agreement shall be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or foreign country.