A. Except as provided in subsections C and D of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
Terms Used In Arizona Laws 25-1340
- 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.
- 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.
- 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. An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by both of the following:
1. A complete text of the foreign support agreement.
2. A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
C. A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
D. In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds any of the following:
1. Recognition and enforcement of the agreement is manifestly incompatible with public policy.
2. The agreement was obtained by fraud or falsification.
3. The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this state.
4. The record submitted under subsection B of this section lacks authenticity or integrity.
E. A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.