KRS 407.5708: Recognition and enforcement of registered Convention support order.

(1) Except as otherwise provided in subsection (2) of this section, a tribunal of this

state shall recognize and enforce a registered Convention support order.

(2) 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:

(a) Recognition and enforcement of the order is manifestly incompatible with

public policy, including the failure of the issuing tribunal to observe minimum

standards of due process, which include notice and an opportunity to be heard;

(b) The issuing tribunal lacked personal jurisdiction consistent with KRS

407.5201;

(c) The order is not enforceable in the issuing country;

(d) The order was obtained by fraud in connection with a matter of procedure;

(e) A record transmitted in accordance with KRS 407.5706 lacks authenticity or

integrity;

(f) A proceeding between the same parties and having the same pu rpose is

pending before a tribunal of this state and that proceeding was the first to be

filed;

(g) The order is incompatible with a more recent support order involving the

same parties and having the same purpose if the more recent support order is

entitled to recognition and enforcement under KRS 407.5101 to 407.5902;

(h) Payment, to the extent alleged arrears have been paid in whole or in part;

(i) In a case in which the respondent neither appeared nor was represented in the

proceeding in the issuing foreign country:

1. If the law of that country provides for prior notice of proceedings, the

respondent did not have proper notice of the proceedings a nd an

opportunity to be heard; or

2. 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 appeal on fact or law before

a tribunal; or

(j) The order was made in violation of KRS 407.5711.

(3) If a tribunal of this state does not recognize a Convention support order under

paragraph (b), (d), or (i) of subsection (2) of this section:

(a) The tribunal may not dismiss the proceeding without allowing a reasonable

time for a party to request the establishment of a new Convention support

order; and

(b) The Office of the Attorney General shall take all appropriate measures to

request a child support order for the obligee if the applicati on for recognition

and enforcement was received under KRS 407.5704.