Tennessee § 36-5-2607 - Contest of registration or enforcement.

§ 36-5-2607. Contest of registration or enforcement.

A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one (1) or more of the following defenses: The issuing tribunal lacked personal jurisdiction over the contesting party; The order was obtained by fraud; The order has been vacated, suspended, or modified by a later order; The issuing tribunal has stayed the order pending appeal; There is a defense under the law of this state to the remedy sought; Full or partial payment has been made; The statute of limitation under § 36-5-2604 precludes enforcement of some or all of the alleged arrearages; or The alleged controlling order is not the controlling order. If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of the registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state. If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order. Acts 2010, ch. 901, § 1. Compiler's Notes. Part 20, § 36-5-2001 (Acts 1997, ch. 551, § 2), concerning the short title for title 36, ch. 5, parts 20-29, was repealed and reenacted by Acts 2010, ch. 901, § 1, upon completion of the provisions in § 2 of the act. Acts 2010, ch. 901, § 2, as amended by Acts 2016, ch. 664, § 4, provided that: “This act shall take effect when the department of human services files a notice with the secretary of state who shall publish the notice in the Tennessee Administrative Register on the secretary of state's web site, citing the effective date, which shall occur no later than April 1, 2016, the public welfare requiring it.” The date published by the secretary of state in the Tennessee Administrative Register was March 31, 2016.