North Carolina General Statutes § 52C-6-607 Contest of registration or enforcement

(a)        A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(1)        The issuing tribunal lacked personal jurisdiction over the contesting party;

(2)        The order was obtained by fraud;

(3)        The order has been vacated, suspended, or modified by a later order;

(4)        The issuing tribunal has stayed the order pending appeal;

(5)        There is a defense under the law of this State to the remedy sought;

(6)        Full or partial payment has been made; or

(7)        The statute of limitations under G.S. 52C-6-604 precludes enforcement of some or all of the arrears.

(b)        If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this State.

(c)        If the contesting party does not establish a defense under subsection (a) of this section to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order. (1995, c. 538, s. 7(c).)

Sections:  Previous  52C-5-507  52C-6-601  52C-6-602  52C-6-603  52C-6-604  52C-6-605  52C-6-606  52C-6-607  52C-6-608  52C-6-609  52C-6-610  52C-6-611  52C-6-612  52C-6-613  52C-6-614  Next

Last modified: March 23, 2014