Iowa Code 252K.708 – Recognition and enforcement of registered convention support order
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1. Except as otherwise provided in subsection 2, a tribunal of this state shall recognize and enforce a registered convention support order.
Terms Used In Iowa Code 252K.708
- 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.
- Child: includes but shall not be limited to a stepchild, foster child, or legally adopted child and means a child actually or apparently under eighteen years of age, and a dependent person eighteen years of age or over who is unable to maintain the person's self and is likely to become a public charge. See Iowa Code 252A.2
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Party: means a petitioner, a respondent, or a person who intervenes in a proceeding instituted under this chapter. See Iowa Code 252A.2
- Respondent: includes each person against whom a proceeding is instituted pursuant to this chapter. See Iowa Code 252A.2
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. 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:
a. 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.
b. The issuing tribunal lacked personal jurisdiction consistent with section 252K.201.
c. The order is not enforceable in the issuing country.
d. The order was obtained by fraud in connection with a matter of procedure.
e. A record transmitted in accordance with section 252K.706 lacks authenticity or integrity.
f. 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.
g. 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 chapter in this state.
h. Payment, to the extent alleged arrears have been paid in whole or in part.
i. In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country, any of the following is applicable:
(1) 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.
(2) 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.
j. The order was made in violation of section 252K.711.
3. If a tribunal of this state does not recognize a convention support order under subsection 2, paragraph “b”, “d”, or “i”:
a. 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.
b. Child support services 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 252K.704.