Vermont Statutes Title 15 Sec. 1708
Terms Used In Vermont Statutes Title 15 Sec. 1708
- 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
- 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
- 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
- Convention support order: means a support order of a tribunal of a foreign country. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Foreign country: means a country, including a political subdivision thereof, other than the U. See
- 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 renders a judgment determining parentage of a child. See
- 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
- Obligee: means :
- Obligor: means an individual or the estate of a decedent that:
- 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
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U. See
- 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, 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
- 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
§ 1708. 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.
(2) The issuing tribunal lacked personal jurisdiction consistent with section 1201 of this title.
(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 section 1706 of this title 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 title in this State.
(8) The obligor has paid alleged arrears 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 section 1711 of this title.
(c) If a tribunal of this State does not recognize a Convention support order pursuant to subdivision (b)(2), (4), or (9) of this section:
(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 governmental entity 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 1704 of this title. (Added 2015, No. 16, § 2, eff. June 1, 2015.)