North Carolina General Statutes 52C-7-708. Recognition and enforcement of registered Convention support order
(a) Except as otherwise provided in subsection (b) of this section, a tribunal of this State shall recognize and enforce a registered Convention support order.
(b) 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:
(1) 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.
Terms Used In North Carolina General Statutes 52C-7-708
- 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 North Carolina General Statutes 52C-7-701
- Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See North Carolina General Statutes 52C-1-101
- Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See North Carolina General Statutes 52C-1-101
- 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 North Carolina General Statutes 52C-1-101
- Convention support order: means a support order of a tribunal of a foreign country described in N. See North Carolina General Statutes 52C-7-701
- Department: means the North Carolina Department of Health and Human Services, Division of Social Services. See North Carolina General Statutes 52C-1-101
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Foreign country: means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
- Fraud: 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 North Carolina General Statutes 52C-1-101
- 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 North Carolina General Statutes 52C-1-101
- Obligee: means :
- 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 North Carolina General Statutes 52C-1-101
- 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 under the jurisdiction of the United States. See North Carolina General Statutes 52C-1-101
- Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or a foreign country for the benefit of a child, a spouse, or a former spouse, which 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 North Carolina General Statutes 52C-1-101
- 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 North Carolina General Statutes 52C-1-101
(2) The issuing tribunal lacked personal jurisdiction consistent with N.C. Gen. Stat. § 52C-2-201.
(3) The order is not enforceable in the issuing country.
(4) The order was obtained by fraud in connection with a matter of procedure.
(5) A record transmitted in accordance with N.C. Gen. Stat. § 52C-7-706 lacks authenticity or integrity.
(6) 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.
(7) 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.
(8) Payment, to the extent alleged arrears have been paid in whole or in part.
(9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
a. 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
b. 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.
(10) The order was made in violation of N.C. Gen. Stat. § 52C-7-711.
(c) If a tribunal of this State does not recognize a Convention support order under subdivision (b)(2), (4), or (9) of this section, then:
(1) 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
(2) The Department and the county child support agency shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under N.C. Gen. Stat. § 52C-7-704. (2015-117, s. 1.)