Maine Revised Statutes Title 19-A Sec. 3320 – Foreign support agreement
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1. Recognition. Except as provided in subsections 3 and 4, a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 3320
- 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
- Direct request: means a petition 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 Maine Revised Statutes Title 19-A Sec. 3311
- 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. 2802Foreign support agreement: includes a maintenance arrangement or authentic instrument under the Convention. See Maine Revised Statutes Title 19-A Sec. 3311 Fraud: Intentional deception resulting in injury to another. Record: 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. Requirements. An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
A. A complete text of the foreign support agreement; and [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. A record stating that the foreign support agreement is enforceable as a decision in the issuing foreign country. [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. Vacate registration. A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
4. Refusal of recognition and enforcement. In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds:
A. Recognition and enforcement of the agreement is manifestly incompatible with public policy; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. The agreement was obtained by fraud or falsification; [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
C. 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 chapter in this State; or [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
D. The record submitted under subsection 2, paragraph B lacks authenticity or integrity. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
5. Suspension of proceeding. A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
[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).