N.Y. Family Court Act § 580-708: Recognition and enforcement of registered Convention support order

§ 580-708. Recognition and enforcement of registered Convention

support order. (a) Except as otherwise provided in subdivision (b) of

this section, a tribunal of this state shall recognize and enforce 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 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;

(2) the issuing tribunal lacked personal jurisdiction consistent with

section 580-201 of this article;

(3) the order is not enforceable in the issuing country;

(4) the order was obtained by fraud in connection with a matter of

procedure;

(5) a record transmitted in accordance with section 580-706 of this

part lacks authenticity or integrity;

(6) a proceeding 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 support order

involving the same parties and having the same purpose if the more

recent support order is entitled to recognition and enforcement under

this article in this state;

(8) payment, to the extent alleged arrears have been paid in whole or

in part;

(9) in a case in which the respondent neither appeared nor was

represented in the proceeding in the issuing foreign country:

(i) 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

(ii) 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

(10) the order was made in violation of section 580-711 of this part.

(c) If a tribunal of this state does not recognize a Convention

support order under paragraph two, four or nine of subdivision (b) of

this section:

(1) 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

(2) the state child support agency shall take all appropriate measures

to request a child support order for the obligee if the application for

recognition and enforcement was received under section 580-704 of this

part.