Recognition and enforcement of registered convention support order
When a foreign country's support order (like a child support order) is registered in Missouri, Missouri courts must follow and enforce it. But a court can refuse to enforce it if there are specific problems — like the order goes against basic fairness rules, the person was never properly notified, the order was gotten through fraud, it has already been paid, or a newer valid order exists. If the court refuses for certain reasons, it cannot just drop the case — it must give the parties a chance to set up a new support order instead.
454.1701. of . — (a) Except as otherwise provided in (b), a of this state shall recognize and 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 is , including the failure of the to observe minimum standards of , which include notice and an opportunity to be heard;
(2) the issuing tribunal lacked consistent with section 454.1515;
(3) the order is not in the issuing country;
(4) the order was obtained by in connection with a matter of procedure;
(5) a transmitted in accordance with section 454.1695 lacks ;
(6) a 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 involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under sections 454.1500 to 454.1728 in this state;
(8) payment, to the extent alleged have been paid in whole or in part;
(9) in a case in which the 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 on fact or law before a tribunal; or
(10) the order was made in violation of section 454.1710.
(c) If a tribunal of this state does not recognize a under subsection (b)(2), (4), or (9):
(1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a to request the of a new Convention support order; and
(2) the shall take all measures to request a for the if the for recognition and enforcement was received under section 454.1689.
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Source & history notes
(L. 2011 H.B. 260) Effective 6-15-16, see § 454.1728
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.