Delaware Code § 13-6-708

Recognition and enforcement of registered Convention support order
Open in Lexace · Ask the AI about this section
(a) Except as otherwise provided in subsection (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 § 6-201 of this title;
(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 § 6-706 of this title 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 chapter 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;
a. 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
b. 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 § 6-711 of this title.
(c) If a tribunal of this State does not recognize a Convention support order under paragraphs (b)(2), (4), or (9) 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 Division of Child Support Services shall take all appropriate measures to request a child-support order for the obligee if the
application for recognition and enforcement was received under § 6-704 of this title.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.