A. Except as provided in subsection B of this section, a tribunal of this state shall recognize and enforce a registered convention support order.
Terms Used In Arizona Laws 25-1338
- 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.
- 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 Arizona Laws 25-1202
- 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 country: means a country, including a political subdivision of a country, other than the United States, that authorizes the issuance of support orders and to which any of the following applies:
(a) It has been declared under the law of the United States to be a foreign reciprocating country. See Arizona Laws 25-1202
- Fraud: Intentional deception resulting in injury to another.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Arizona Laws 25-1202
- 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 Arizona Laws 25-1202
- Obligee: means any of the following:
(a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued. See Arizona Laws 25-1202
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- 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
- 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 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. 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 25-1221.
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 under section 25-1336 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 chapter in this state.
8. Payment, to the extent alleged arrears have been paid in whole or in part.
9. In a case in which the respondent did not appear or was not 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.
(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 25-1341.
C. If a tribunal of this state does not recognize a convention support order under subsection B, paragraph 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.
2. The department of economic security 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 25-1334.