Texas § FA.159.708 - The contesting party bears the burden of proof

§ FA.159.708. The contesting party bears the burden of proof

The contesting party bears the burden of proof. (e) In a contest of a registered Convention support order, a tribunal of this state: (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 this state 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. Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538 ), Sec. 58, eff. July 1, 2015. Sec. 159.708. 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 Section 159.201; (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 Section 159.706 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 chapter in this state; (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 Section 159.711. (c) If a tribunal of this state does not recognize a Convention support order under Subsection (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 office of the attorney general shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under Section 159.704. Added by Acts 2015, 84th Leg., R.S., Ch. 368 (H.B. 3538 ), Sec. 58, eff. July 1, 2015.