Section 30-3-94

(Repealed effective January 1, 2000) Petition for enforcement of another state's support order - Prima facie case; defenses; evidence; choice of laws.

(a) At any hearing contesting adoption of the support order of another jurisdiction and entry of an income withholding order, the other state's order, accompanying sworn or certified statement, and a certified copy of an income withholding order or notice of the other state, if any, which is still in effect shall constitute prima facie proof, without further proof or foundation, that the support order is valid, that the amount of current support payments and arrearages is as stated, and that the obligee would be entitled to income withholding under the law of the jurisdiction which issued the support order.

(b) Once a prima facie case has been established, the obligor may raise only the following:

(1) That withholding is not proper because of a mistake of fact that is not res judicata concerning such matters as an error in the amount of current support owed or arrearage that has accrued, mistaken identity of the obligor or error in the amount of income to be withheld;

(2) That the court or agency which issued the support order which has been filed under this section lacked personal jurisdiction over the obligor and that such issue is being raised and is currently pending in the appropriate court of the other jurisdiction;

(3) That the support order filed under this section was obtained by fraud and that such issue is being raised and is currently pending in the appropriate court of the other jurisdiction; or

(4) That the statute of limitations provided under subsection (d) of this section precludes enforcement of all or part of the arrearages.

The burden shall be on the obligor to establish these defenses. If the obligor presents evidence which constitutes a full or partial defense, the court shall, on the request of the obligee, continue the case to permit further evidence relative to the defense to be adduced by either party. Provided, however, that if the obligor acknowledges liability sufficient to entitle the obligee to adoption of the support order and income withholding, the court shall require income withholding for the payment of current support payments under the support order and of so much of any arrearage as is not in dispute, while continuing the case with respect to those matters still in dispute. The court shall determine those matters still in dispute as soon as possible, and if appropriate shall modify the income withholding order to conform to that resolution.

(c) In addition to other procedural devices available to a party, any party to the proceeding or a guardian ad litem or other representative of the child may adduce testimony of witnesses in another state, including the parties and any of the children, by deposition, by written discovery, by photographic discovery such as videotaped depositions or by personal appearance before the court by telephone or photographic means. The court on its own motion may direct that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony shall be taken. A court of this state may request the appropriate court or agency of another jurisdiction to hold a hearing to adduce evidence, to permit a deposition to be taken before the court or agency, to order a party to produce or give evidence under other procedures of that state and to forward to the court of this state certified copies of the evidence adduced in compliance with the request.

(d) Except with respect to when withholding must be implemented which is controlled by the state where the support order was entered, the law and procedures of the state in which the absent parent is employed shall apply.

The court shall apply the statute of limitations for maintaining an action on arrearages of support payments of either the local law of this state or of the state which issued the support order adopted under this article, whichever is longer.

(Acts 1985, 2nd Ex. Sess., No. 85-992, p. 348, §3; Acts 1991, No. 91-559, p. 1030, §3; Acts 1997, No. 97-245, p. 398, §1.)