(a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

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Terms Used In Tennessee Code 36-5-3107

  • 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.
  • Court: means a juvenile, circuit, or chancery court or other court of this state with jurisdiction to enter support or custody orders. See Tennessee Code 36-5-3102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Law: includes decisional and statutory law and rules and regulations having the force of law. See Tennessee Code 36-5-2101
  • Registering court: means the court in which a support order is registered for enforcement only. See Tennessee Code 36-5-3102
(1) The registered order was obtained by fraud;
(2) The registered order has been vacated, suspended, or modified by a later order;
(3) The issuing court has stayed the registered order pending appeal; or
(4) The statement of arrears is incorrect.
(b) If a party presents evidence establishing a full or partial defense under subsection (a), the court where the order is registered may stay enforcement of the registered order until the issues have been resolved by the court that issued the order. Any uncontested portion of the registered order may be enforced by all remedies available pursuant to law.
(c) If a contesting party does not establish a defense pursuant to subsection (a) regarding the validity or enforcement of the order, the registering court shall issue an order confirming the order. An order confirming registration of the order is not required if no contest to the registration is made.
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