Maine Revised Statutes Title 19-A Sec. 3318 – Recognition and enforcement of registered Convention support order
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1. Recognition and enforcement. Except as otherwise provided in subsection 2, a tribunal of this State shall recognize and enforce a registered Convention support order.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 3318
- 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 Maine Revised Statutes Title 19-A Sec. 3311
- Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501
- 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 Maine Revised Statutes Title 19-A Sec. 2802
- Convention support order: means a support order of a tribunal of a foreign country described in section 2802, subsection 3?A. See Maine Revised Statutes Title 19-A Sec. 3311
- Department: means the Department of Health and Human Services and its agents and authorized representatives. See Maine Revised Statutes Title 19-A Sec. 101
- Foreign country: means a country, including a political subdivision thereof, other than the United States, that under its law authorizes the issuance of support orders and:
A. See Maine Revised Statutes Title 19-A Sec. 2802Fraud: Intentional deception resulting in injury to another. Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Maine Revised Statutes Title 19-A Sec. 2802 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. Law: includes decisional and statutory law and rules and regulations having the force of law. See Maine Revised Statutes Title 19-A Sec. 2802 Obligee: means :
A. See Maine Revised Statutes Title 19-A Sec. 2802Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 19-A Sec. 2802 state: includes an Indian nation or tribe. See Maine Revised Statutes Title 19-A Sec. 2802 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 Maine Revised Statutes Title 19-A Sec. 2802 Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage. See Maine Revised Statutes Title 19-A Sec. 2802 tribunal of this State: means the District Court or the Department of Health and Human Services. See Maine Revised Statutes Title 19-A Sec. 2802
2. Exceptions. 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; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. The issuing tribunal lacked personal jurisdiction consistent with section 2961; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
C. The order is not enforceable in the issuing country; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
D. The order was obtained by fraud in connection with a matter of procedure; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
E. A record transmitted in accordance with section 3316 lacks authenticity or integrity; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
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; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
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; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
H. The payment of arrears, to the extent alleged arrears have been paid in whole or in part; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
I. In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(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; or
(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; or [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
J. The order was made in violation of section 3321. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
3. Convention support orders not recognized. If a tribunal of this State does not recognize a Convention support order under subsection 2, paragraph B, D, F 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; and [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. The department 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 3314. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).