Arizona Laws 25-1337. Contest of registered convention support order
A. Except as otherwise provided in this article, sections 25-1305, 25-1306, 25-1307 and 25-1308 apply to a contest of a registered convention support order.
Terms Used In Arizona Laws 25-1337
- 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: means the convention on the international recovery of child support and other forms of family maintenance, concluded at the Hague on November 23, 2007. See Arizona Laws 25-1202
- Foreign tribunal: means a court, administrative agency or quasi-judicial entity of a foreign country that is authorized to establish, enforce or modify support orders or to determine parentage of a child. See Arizona Laws 25-1202
- 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: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 25-1202
- Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See Arizona Laws 25-1202
- Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child. See Arizona Laws 25-1202
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
B. A party contesting a registered convention support order shall file a contest not later than thirty days after the date of mailing or personal service of the notice of the registration, but if the contesting party does not reside in the United States, the contesting party shall file the contest not later than sixty days after the date of mailing or personal service of the notice of the registration.
C. If the nonregistering party fails to contest the registered convention support order by the time specified in subsection B of this section, the order is enforceable.
D. A contest of a registered convention support order may be based only on grounds set forth in section 25-1338. 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.
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.