Guam § 35708 - Recognition and Enforcement of Registered Convention

§ 35708. Recognition and Enforcement of Registered Convention

Support Order.

(a) Except as otherwise provided in Subsection (b), a tribunal of

this state shall recognize and enforce a registered Convention support

order.

(b) 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:

(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 § 35201;

(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 § 35706 lacks

authenticity or integrity;

(6) 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;

(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 Act in this state;

(8) payment, to the extent alleged arrears have been paid in

whole or in part;

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(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 § 35711.

(c) If a tribunal of this state does not recognize a Convention

support order under Subsections (b)(2), (4), or (9):

(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 Child Support Enforcement Division shall take all

appropriate measures to request a child-support order for the obligee

if the application for recognition and enforcement was received

under § 35704.