Oregon Statutes 110.657 – Contest of registered Convention support order
(1) Except as otherwise provided in ORS § 110.645 to 110.669, ORS § 110.614 to 110.623 apply to a contest of a registered Convention support order.
Terms Used In Oregon Statutes 110.657
- 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 Oregon Statutes 110.503
- Foreign tribunal: includes a competent authority under the Convention. See Oregon Statutes 110.503
- 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, any territory or insular possession under the jurisdiction of the United States or an Indian nation or tribe. See Oregon Statutes 110.503
- 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 Oregon Statutes 110.503
- 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 Oregon Statutes 110.503
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(2) A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
(3) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (2) of this section, the order is enforceable.
(4) A contest of a registered Convention support order may be based only on grounds set forth in ORS § 110.660. The contesting party bears the burden of proof.
(5) In a contest of a registered Convention support order, a tribunal of this state:
(a) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(b) May not review the merits of the order.
(6) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(7) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances. [2015 c.298 § 68]