New Jersey Statutes 2A:4-30.190. Contest of registered convention support order
Terms Used In New Jersey Statutes 2A:4-30.190
- 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.
- Convention support order: means a support order of a tribunal of a foreign country described in paragraph (4) of subsection e. See New Jersey Statutes 2A:4-30.184
- 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.
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
a. Except as otherwise provided in this article, sections 49 through 52 of this act apply to a contest of a registered Convention support order.
b. A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest shall be filed not later than 60 days after notice of the registration.
c. If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection b., the order is enforceable.
d. A contest of a registered Convention support order may be based only on grounds set forth in section 68 of this act. The contesting party bears the burden of proof.
e. In a contest of a registered Convention support order, a tribunal of this State:
(1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) may not review the merits of the order.
f. A tribunal of this State deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
g. A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
L.2016, c.1, s.67.