Family Court Law
New York State Consolidated Laws
A comprehensive on-line digest of NY's FCA code
Sub Part B - Part 6 - Article 5B - Family Court
CONTEST OF VALIDITY OR ENFORCEMENT
||Notice of registration of order.
||Procedure to contest validity or enforcement of registered support order.
||Contest of registration or enforcement.
S 580-605. Notice of registration of order. (a) When a support order
or income withholding order issued in another state or a foreign support
order is registered, the registering tribunal of this state shall notify
the nonregistering party. The notice must be accompanied by a copy of
the registered order and the documents and relevant information
accompanying the order.
(b) A notice must inform the nonregistering party:
(1) that a registered support order is enforceable as of the date of
registration in the same manner as an order issued by a tribunal of this
(2) that a hearing to contest the validity or enforcement of the
registered order must be requested within twenty days after notice
unless the registered order is under section 580-707 of this article;
(3) that failure to contest the validity or enforcement of the
registered order in a timely manner will result in confirmation of the
order and enforcement of the order and the alleged arrearages; and
(4) of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders are in
effect, a notice must also:
(1) identify the two or more orders and the order alleged by the
registering party to be the controlling order and the consolidated
arrears, if any;
(2) notify the nonregistering party of the right to a determination of
which is the controlling order;
(3) state that the procedures provided in subdivision (b) of this
section apply to the determination of which is the controlling order;
(4) state that failure to contest the validity or enforcement of the
order alleged to be the controlling order in a timely manner may result
in confirmation that the order is the controlling order.
(d) Upon registration of an income withholding order for enforcement,
the support enforcement agency or the registering tribunal shall notify
the obligor's employer pursuant to section five thousand two hundred
forty-one or five thousand two hundred forty-two of the civil practice
law and rules.
S 580-606. Procedure to contest validity or enforcement of registered
support order. (a) A nonregistering party seeking to contest the
validity or enforcement of a registered support order in this state
shall request a hearing within the time required by section 580-605 of
this subpart. The nonregistering party may seek to vacate the
registration, to assert any defense to an allegation of noncompliance
with the registered order, or to contest the remedies being sought or
the amount of any alleged arrearages pursuant to section 580-607 of this
(b) If the nonregistering party fails to contest the validity or
enforcement of the registered support order in a timely manner, the
order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the
validity or enforcement of the registered support order, the registering
tribunal shall schedule the matter for hearing and give notice to the
parties of the date, time, and place of the hearing.
S 580-607. 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 later
(4) the issuing tribunal has stayed the order pending appeal;
(5) there is a defense under the law of this state to the remedy
(6) full or partial payment has been made;
(7) the statute of limitation under section 580-604 of this part
precludes enforcement of some or all of the alleged arrearages; or
(8) the alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial
defense under subdivision (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
(c) If the contesting party does not establish a defense under
subdivision (a) of this section to the validity or enforcement of a
registered support order, the registering tribunal shall issue an order
confirming the order.
S 580-608. Confirmed order. Confirmation of a registered support
order, whether by operation of law or after notice and hearing,
precludes further contest of the order with respect to any matter that
could have been asserted at the time of registration.
Top of Page
- A comprehensive on-line digest of New York's criminal code.