PART II. CONTEST OF VALIDITY OR ENFORCEMENT

Note

  Part heading reenacted by L 2015, c 77, pt of §1.

     §576B-605  Notice of registration of order.  (a)  When a support order or income withholding order issued in another state or a foreign support order is registered, the registering tribunal of this State shall notify the nonregistering party.  The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

     (b)  A notice shall inform the nonregistering party:

     (1)  That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this State;

     (2)  That a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after notice unless the registered order is under section 576B-707;

     (3)  That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and

     (4)  Of the amount of any alleged arrearages.

     (c)  If the registering party asserts that two or more orders are in effect, a notice shall also:

     (1)  Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;

     (2)  Notify the nonregistering party of the right to a determination of which is the controlling order;

     (3)  State that the procedures provided in subsection (b) apply to the determination of which is the controlling order; and

     (4)  State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

     (d)  Upon registration of an income withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to sections 571-52, 571-52.2, 571-52.3, 576D-14, and 576E-16.

     (e)  For the purposes of this section, service of the notice shall be by personal service or certified mail, return receipt requested.  After initial service is effected, additional service upon a party shall be satisfied by regular mail to the party's last known address.  In any child support enforcement proceedings subsequent to an order, upon a showing that diligent effort has been made to ascertain the location of a party, notice of service of process shall be presumed to be satisfied upon delivery of written notice to the most recent residential or employer address on file with the state case registry. [L 1997, c 295, pt of §1; am L 1998, c 270, §2; am L 2015, c 77, pt of §1]