A. Except as otherwise provided in this article, a party who is an individual or that is a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in article 6 of this chapter.
Terms Used In Arizona Laws 25-1336
- 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 Arizona Laws 25-1202
- Foreign tribunal: means a court, administrative agency or quasi-judicial entity of a foreign country that is authorized to establish, enforce or modify support orders or to determine parentage of a child. See Arizona Laws 25-1202
- Law: includes decisional and statutory law and rules and regulations having the force of law. See Arizona Laws 25-1202
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form. See Arizona Laws 25-1202
- Register: means to file in a tribunal in this state a support order or judgment that determines parentage of a child and that is issued in another state or a foreign country. See Arizona Laws 25-1202
- 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 subject to the jurisdiction of the United States. See Arizona Laws 25-1202
- Support enforcement agency: means a public official, governmental entity or private agency authorized to do any of the following:
(a) Seek the enforcement of support orders or laws relating to the duty of support. See Arizona Laws 25-1202
- 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 Arizona Laws 25-1202
- 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 Arizona Laws 25-1202
B. Notwithstanding section 25-1251 and section 25-1302, subsection A, a request for registration of a convention support order must be accompanied by all of the following:
1. A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague conference on private international law.
2. A record stating that the support order is enforceable in the issuing country.
3. If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.
4. A record showing the amount of arrears, if any, and the date the amount was calculated.
5. A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations.
6. If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
C. A request for registration of a convention support order may seek recognition and partial enforcement of the order.
D. A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under section 25-1337 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
E. The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.