September 2014 | 217 P.3d 1010, 42 Kan.App.2d 847 (Kan.App. 2009)

Dia v. Oakley (Kansas 2009)

The Uniform Interstate Family Support Act, known as UIFSA, which was adopted in Kansas in 1994 by K.S.A. 23-9,101 et seq., allows support orders entered in other states and some foreign countries to be registered and enforced in Kansas. Registration is a two-step process in which the order is first registered and then is subject to confirmation. A party ordered to pay support in a registered UIFSA order may seek a hearing before that order is confirmed. At that hearing, the party may raise various defenses as specifically listed in K.S.A. 23-9,607. If the contesting party does not establish one of those defenses to the validity or enforcement of the order, the district court must issue an order confirming the support order. After the out-of-state or foreign support order has been registered and confirmed in Kansas, the responding party may no longer challenge the order in Kansas based on any of the defenses specifically listed in K.S.A. 23-9,607. After confirmation, under K.S.A. 23-9,608, those defenses may be pursued only in the state or country in which the order was initially entered. A foreign country’s order may be recognized under UIFSA if that country has procedures for the issuance and enforcement of support orders that are substantially similar to the procedures under UIFSA or its predecessor statute, the Uniform Reciprocal Enforcement of Support Act, known as URESA.

Dia v. Oakley.pdf

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