WVC 48 - 16 - 607
§48-16-607. Contest of registration or enforcement.
(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 or more of the following defenses:
(1) The issuing tribunal lacked personal jurisdiction over the
(2) The order was obtained by fraud;
(3) The order has been vacated, suspended or modified by a
(4) The issuing tribunal has stayed the order pending appeal;
(5) There is a defense under the law of this state to the
(6) Full or partial payment has been made;
(7) The statute of limitation under section 16-604 [§48-16-
604] precludes enforcement of some or all of the alleged
(8) The alleged controlling order is not the controlling
(b) If a party presents evidence establishing a full or
partial defense under subsection (a) of this section, a tribunal
may stay enforcement of a registered support order, continue the
proceeding to permit production of additional relevant evidence and
issue other appropriate orders. An uncontested portion of the
registered support order may be enforced by all remedies available
under the law of this state.
(c) If the contesting party does not establish a defense under
subsection (a) of this section to the validity or enforcement of a
registered support order, the registering tribunal shall issue an
order confirming the order.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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