Ohio Code 3115.707 – Contest of registered convention support order
(A) Except as otherwise provided in sections 3115.701 to 3115.713 of the Revised Code, sections 3115.605 to 3115.608 of the Revised Code apply to a contest of a registered convention support order.
Terms Used In Ohio Code 3115.707
- 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 Ohio Code 3115.102
- Foreign tribunal: includes a competent authority under the convention. See Ohio Code 3115.102
- 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.
- 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 under the jurisdiction of the United States. See Ohio Code 3115.102
- 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 Ohio Code 3115.102
- United States: includes all the states. See Ohio Code 1.59
(B) A party contesting a registered convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty days after notice of the registration.
(C) If the nonregistering party fails to contest the registered convention support order by the time specified in division (B) of this section, the order is enforceable.
(D) A contest of a registered convention support order may be based only on grounds set forth in section 3115.708 of the Revised Code. The contesting party bears the burden of proof.
(E) In a contest of a registered convention support order, both of the following apply:
(1) A court of this state is bound by the findings of fact on which the foreign tribunal based its jurisdiction.
(2) A court of this state may not review the merits of the order.
(F) A court of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(G) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.