LD 986
pg. 63
Page 62 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 64 of 77
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LR 467
Item 1

 
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.

 
Relettered Subsection (d) states the obvious; the obligor's
employer must also be notified if income is to be withheld.

 
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:

 
F. Full or partial payment has been made; or

 
G. The statute of limitation under section 3153 precludes
enforcement of some or all of the alleged arrearages.; or

 
Sec. 39. 19-A MRSA §3203, sub-§1, ¶H is enacted to read:

 
H.__The alleged controlling order is not the controlling
order.

 
Uniform Comment

 
(This is Section 607 of the Uniform Act.)

 
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.

 
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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