| | | Subsection (c), with new text in 2001, is the correlative to | | Section 602(d) and (e) regarding the notice to be given to the | | nonregistering party if a controlling order determination must | | be made because of the existence of two or more child-support | | orders. The petitioner requesting this affirmative relief is | | directed to identify the order alleged to be controlling under | | Section 207, supra. If the nonregistering party does not | | contest this allegation, either by default or agreement, the | | order identified as controlling will be confirmed by operation | | of law by the following section. |
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| | | Relettered Subsection (d) states the obvious; the obligor's | | employer must also be notified if income is to be withheld. |
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| | | Sec. 38. 19-A MRSA §3203, sub-§1, ¶¶F and G, as enacted by PL 1995, c. | | 694, Pt. B, §2 and affected by Pt. E, §2, are amended to read: |
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| | F. Full or partial payment has been made; or |
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| | | G. The statute of limitation under section 3153 precludes | enforcement of some or all of the alleged arrearages.; or |
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| | | Sec. 39. 19-A MRSA §3203, sub-§1, ¶H is enacted to read: |
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| | | H.__The alleged controlling order is not the controlling | | order. |
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| | | (This is Section 607 of the Uniform Act.) |
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| | | Subsection (a) places the burden on the nonregistering party | | to assert narrowly defined defenses to registration of a | | support order. The 2001 amendment added an obvious defense | | that was inadvertently omitted from the original list of | | defenses. In a multiple order situation, if the nonregistering | | party contests the allegation regarding the controlling order, | | either because it allegedly has not been registered or because | | another order has been misidentified as such, the | | nonregistering party may defend against enforcement of another | | order by asserting the existence of a controlling order. | | Presumably the defense must be substantiated by registration | | of the other alleged controlling order to be effective. |
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| | | If the obligor is liable for current support, in the absence | | of a valid defense under Subsection (b) the registering | | tribunal must enter an order to enforce that obligation. State | | Dept. of Revenue ex rel. Rochell v. Morris, 736 So. 2d 41 | | (Fla. App. | | 1999); Welsher v. Rager, 491 S.E.2d 661 (N.C. App. 1997); | | Cowan v. |
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