§ 7607. Contest of registration or enforcement.
(a) Defenses.--A party contesting the validity or enforcement of a registered support order or seeking
to vacate the registration has the burden of proving any 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 the law of this State to the remedy sought.
(6) Full or partial payment has been made.
(7) The statute of limitation under section 7604 (relating to choice of law) precludes
enforcement of some or all of the arrearages.
(8) The alleged controlling order is not the controlling order.
(b) Relief.--If a party presents evidence establishing a full or partial defense under subsection
(a), 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) Affirmance.--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.
(Dec. 28, 2015, P.L.559, No.94, eff. imd.)
Cross References. Section 7607 is referred to in sections 7606, 77A07 of this title.
Notes of Decisions
Cited in
5
cases, 2001–2016 · leading case:
Simpson v. Sinclair, 788 A.2d 1016 (Pa. Super. Ct. 2001).
Simpson v. Sinclair, 788 A.2d 1016 (Pa. Super. Ct. 2001).
“23 Pa.C.S. § 7607(c) provides that “if the contesting party does not establish a defense under subsection (a) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.”
Worley, P. v. Effler, K., 101 A.3d 798 (Pa. Super. Ct. 2014).
“23 Pa.C.S. § 7607(a),(b). By attempting to challenge her identity as Kelly Lynn Effler, Webster was attempting to assert a challenge under § 7607(a)(1); she was claiming that North Carolina had no personal jurisdiction over her because she is not nor was she ever Kelly Lynn…”
Thompson v. Santiago, 57 Pa. D. & C.4th 170 (2001).
· cites it 4× “” 23 Pa.C.S. §7607. Compare, Barr v. Barr, 749 A.”
J.A.R. v. R.L.M. (Pa. Super. Ct. 2016).
· cites it 2× “” 23 Pa.C.S. § 7607(a)(1). Section 7607 further provides: “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.”
S.S. v. B.S., 46 Pa. D. & C.5th 173 (2015).
“210), which violated the defendant’s due process rights under the Fourteenth Amendment and denied defendant’s contest of registration or enforcement *182 pursuant to 23 Pa.C.S. § 7607. See statement of errors complained of on appeal pursuant to Pa.”
— 23 Pa. Cons. Stat. § 7607(a) — 1 case
Worley, P. v. Effler, K., 101 A.3d 798 (Pa. Super. Ct. 2014).
“23 Pa.C.S. § 7607(a),(b). By attempting to challenge her identity as Kelly Lynn Effler, Webster was attempting to assert a challenge under § 7607(a)(1); she was claiming that North Carolina had no personal jurisdiction over her because she is not nor was she ever Kelly Lynn…”
— 23 Pa. Cons. Stat. § 7607(a)(1) — 2 cases
Thompson v. Santiago, 57 Pa. D. & C.4th 170 (2001).
“” 23 Pa.C.S. §7607. Compare, Barr v. Barr, 749 A.”
J.A.R. v. R.L.M. (Pa. Super. Ct. 2016).
“” 23 Pa.C.S. § 7607(a)(1). Section 7607 further provides: “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.”
— 23 Pa. Cons. Stat. § 7607(a)(l) — 1 case
Thompson v. Santiago, 57 Pa. D. & C.4th 170 (2001).
“” 23 Pa.C.S. §7607. Compare, Barr v. Barr, 749 A.”
— 23 Pa. Cons. Stat. § 7607(c) — 1 case
Simpson v. Sinclair, 788 A.2d 1016 (Pa. Super. Ct. 2001).
“23 Pa.C.S. § 7607(c) provides that “if the contesting party does not establish a defense under subsection (a) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.”
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