New Jersey Statutes 2A:4-30.193. Foreign support agreement
Terms Used In New Jersey Statutes 2A:4-30.193
- 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.
- Application: means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See New Jersey Statutes 2A:4-30.184
- Direct request: means an application filed by an individual in a tribunal of this State in a proceeding involving an obligee, obligor, or child residing outside the United States. See New Jersey Statutes 2A:4-30.184
- Fraud: Intentional deception resulting in injury to another.
- 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 subsections c. and d., a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.
b. An application or direct request for recognition and enforcement of a foreign support agreement shall be accompanied by:
(1) a complete text of the foreign support agreement; and
(2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
c. 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.
d. In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds:
(1) recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2) the agreement was obtained by fraud or falsification;
(3) 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 act in this State; or
(4) the record submitted under subsection b. lacks authenticity or integrity.
e. 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 a foreign country.
L.2016, c.1, s.70.