N.D. Cent. Code § 14-12.2-47.10

Current through 2024 Legislative Session
Section 14-12.2-47.10 - (710) Foreign support agreement
1. Except as provided in subsections 3 and 4, 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 shall 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 lacks authenticity or integrity.
5. A proceeding for recognition and enforcement of a foreign support agreement shall be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or foreign country.

N.D.C.C. § 14-12.2-47.10

Effective date amended to 7/1/2015 by S.L. 2015, ch. 126 (HB 1111),§ 13, eff. 4/15/2015.
Amended by S.L. 2015, ch. 62 (SB 2053),§ 9, eff. 8/1/2015.
Effective on the date the department of human services certifies to the legislative council that the Hague convention on the international recovery of child support and other forms of family maintenance is ratified and that the United States deposited its instrument of ratification.