407.5607 Contest of registration or enforcement. (1) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one (1) or more of the following defenses: (a) The issuing tribunal lacked personal jurisdiction over the contestin g party; (b) The order was obtained by fraud; (c) The order has been vacated, suspended, or modified by a later order; (d) The issuing tribunal has stayed the order pending appeal; (e) There is a defense under the law of this state to the remedy sought; (f) Full or partial payment has been made; (g) The statute of limitation under KRS 407.5604 precludes enforcement of some or all of the alleged arrearages; or (h) The alleged controlling order is not the controlling order. (2) If a party presents evidence es tablishing a full or partial defense under subsection (1) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An u ncontested portion of the registered support order may be enforced by all remedies available under the law of this production of additional relevant evidence, and issue other appropriate orders. An u ncontested portion of the registered support order may be enforced by all remedies available under the law of this state. (3) If the contesting party does not establish a defense under subsection (1) of this section to the validity or enforcement of a regi stered support order, the registering tribunal shall issue an order confirming the order. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 18, sec. 46, effective June 24, 2015. -- Contingent effective date repealed 1998 Ky. Acts ch. 101, sec. 20, effective March 23, 1998. -- Created 1996 Ky. Acts ch. 365, sec. 52, effective upon contingency.
Kentucky Legal Code