Title 110 · ORS Chapter 110

110.669, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in ORS 110.605 to 110.641. �

Citation: ORS 110.669

Section: 110.669

110.669, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in ORS 110.605 to 110.641.

����� (2) Notwithstanding ORS 110.572 and 110.607 (1), a request for registration of a Convention support order must be accompanied by:

����� (a) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;

����� (b) A record stating that the support order is enforceable in the issuing country;

����� (c) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;

����� (d) A record showing the amount of arrears, if any, and the date the amount was calculated;

����� (e) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and

����� (f) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.

����� (3) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.

����� (4) A tribunal of this state may vacate the registration of a Convention support order without the filing of a contest under ORS 110.657 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.

����� (5) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order. [2015 c.298 �67]

����� 110.657 Contest of registered Convention support order. (1) Except as otherwise provided in ORS 110.645 to 110.669, ORS 110.614 to 110.623 apply to a contest of a registered Convention support order.

����� (2) 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.

����� (3) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (2) of this section, the order is enforceable.

����� (4) A contest of a registered Convention support order may be based only on grounds set forth in ORS 110.660. The contesting party bears the burden of proof.

����� (5) In a contest of a registered Convention support order, a tribunal of this state:

����� (a) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

����� (b) May not review the merits of the order.

����� (6) A tribunal of this state deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.

����� (7) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances. [2015 c.298 �68]

����� 110.660 Recognition and enforcement of registered Convention support order. (1) Except as otherwise provided in subsection (2) of this section, a tribunal of this state shall recognize and enforce a registered Convention support order.

����� (2) 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:

����� (a) 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;

����� (b) The issuing tribunal lacked personal jurisdiction consistent with ORS 110.518;

����� (c) The order is not enforceable in the issuing country;

����� (d) The order was obtained by fraud in connection with a matter of procedure;

����� (e) A record transmitted in accordance with ORS 110.655 lacks authenticity or integrity;

����� (f) 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;

����� (g) 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;

����� (h) Payment, to the extent alleged arrears have been paid in whole or in part;

����� (i) 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

����� (j) The order was made in violation of ORS 110.667.

����� (3) If a tribunal of this state does not recognize a Convention support order under subsection (2)(b), (d) or (i) of this section:

����� (a) 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

����� (b) The Department of Justice shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under ORS 110.650. [2015 c.298 �69]

����� 110.662 Partial recognition and enforcement of Convention support order. If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, the tribunal shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order. [2015 c.298 �70]

����� 110.665 Recognition and enforcement of registered foreign support agreement. (1) Except as otherwise provided in subsections (3) and (4) of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.

����� (2) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:

����� (a) A complete text of the foreign support agreement; and

����� (b) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

����� (3) 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.

����� (4) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:

����� (a) Recognition and enforcement of the agreement is manifestly incompatible with public policy;

����� (b) The agreement was obtained by fraud or falsification;

����� (c) 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; or

����� (d) The record submitted under subsection (2) of this section lacks authenticity or integrity.

����� (5) 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. [2015 c.298 �71]

����� 110.667 Modification of Convention support order; requirements. (1) A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:

����� (a) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or

����� (b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

����� (2) If a tribunal of this state does not modify a Convention child support order because the order is not recognized in this state, ORS 110.660 (3) applies. [2015 c.298 �72]

����� 110.668 Personal information; use. Personal information gathered or transmitted under ORS 110.645 to 110.669 may be used only for the purposes for which it was gathered or transmitted. [2015 c.298 �73]

����� 110.669 Language of filed record. A record filed with a tribunal of this state under ORS 110.645 to 110.669 must be in the original language and, if not in English, must be accompanied by an English translation. [2015 c.298 �74]

INTERSTATE RENDITION

����� 110.670 Grounds for rendition. (1) For purposes of this section and ORS 110.673, �governor� includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.

����� (2) The Governor of this state may:

����� (a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

����� (b) On the demand of the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

����� (3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. [2015 c.298 �75]

����� 110.673 Conditions of rendition. (1) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.

����� (2) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor of this state may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor of this state may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

����� (3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor of this state may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor of this state may decline to honor the demand if the individual is complying with the support order. [2015 c.298 �76]

MISCELLANEOUS PROVISIONS

����� 110.675 Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Uniform Interstate Family Support Act. [2015 c.298 �77; 2017 c.17 �4]

����� 110.677 Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [2015 c.298 �79]

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