(a) 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:
- (1) The issuing tribunal lacked personal jurisdiction over the contesting party.
- (2) The order was obtained by fraud.
- (3) The order has been vacated, suspended, or modified by a later order.
- (4) The issuing tribunal has stayed the order pending appeal.
- (5) There is a defense under Indiana law to the remedy sought.
- (6) Full or partial payment has been made.
- (7) The statute of limitation under section 4 of this chapter precludes enforcement of some or all of the alleged arrearages.
- (8) The alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may:
- (1) stay enforcement of a registered support order;
- (2) continue the proceeding to permit production of additional relevant evidence; and
(3) issue other appropriate orders.
An uncontested part of the registered support order may be enforced by all remedies available under Indiana law.
- (c) 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.
As added by P.L.206-2015, SEC.53.