Contest of registered convention support order

(a) Except as otherwise provided in this part, Code Sections 19-11164 through 19-11-167 apply to a contest of a registered convention support order. (b) A party contesting a registered convention support order shall file a contest not later than 30 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 60 days after notice of the registration. (c) If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (b) of this Code section, the order is enforceable. (d) A contest of a registered convention support order may be based only on grounds set forth in Code Section 19-11-184.3. The contesting party bears the burden of proof. 1247 19-11-184.2 DOMESTIC RELATIONS 19-11-184.3 (e) In a contest of a registered convention support order, a tribunal of Georgia: (1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and (2) May not review the merits of the order. (f) A tribunal of Georgia 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. History. Code 1981, § 19-11-184.2, enacted by Ga. L. 2013, p. 705, § 1/SB 193. 19-11-184.3. Grounds for refusal of recognition and enforcement of registered convention support order. (a) Except as otherwise provided in subsection (b) of this Code section, a tribunal of Georgia shall recognize and enforce a registered convention support order. (b) The following grounds are the only grounds on which a tribunal of Georgia 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 Code Section 19-11-110; (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 in accordance with Code Section 19-11184.1 lacks authenticity or integrity; (6) A proceeding between the same parties and having the same purpose is pending before a tribunal of Georgia 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 article in Georgia; 1248 19-11-184.3 ENFORCEMENT OF DUTY OF SUPPORT 19-11-184.5 (8) Payment, to the extent alleged arrears have been paid in whole or in part; (9) In a case in which the respondent neither appeared nor was 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; or (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; or (10) The order was made in violation of Code Section 19-11-184.6. (c) If a tribunal of Georgia does not recognize a convention support order under paragraph (2), (4), or (9) of subsection (b) of this Code 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; and (2) The Department of Human Services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under Code Section 19-11-183. History. Code 1981, § 19-11-184.3, enacted by Ga. L. 2013, p. 705, § 1/SB 193. 19-11-184.4. Option to enforce portions of convention support order. If a tribunal of Georgia does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order. History. Code 1981, § 19-11-184.4, enacted by Ga. L. 2013, p. 705, § 1/SB 193. 19-11-184.5. Recognition and enforcement of foreign support agreement. (a) Except as otherwise provided in subsections (c) and (d) of this Code section, a tribunal of Georgia shall recognize and enforce a foreign support agreement registered in this state. 1249 19-11-184.5 DOMESTIC RELATIONS 19-11-184.6 (b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: (1) A complete text of the foreign support agreement; and (2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country. (c) A tribunal of Georgia 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 Georgia may refuse recognition and enforcement of the agreement if it finds: (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 article in Georgia; or (4) The record submitted under subsection (b) of this Code 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. History. Code 1981, § 19-11-184.5, enacted by Ga. L. 2013, p. 705, § 1/SB 193. 19-11-184.6. Modification of convention child support order.