Q: I want to contest the validity or enforcement of a "notice of regristration" what written request should I fill out?
I was serve on Friday 01-17-2020 with a notice of registration of foreign support order.
It states if i want to contest the validity or enforcement of the order, I must file a written request for hearing asking the court to vacate the order. Which forms do I have to fill out? I live in the state of NC but child support was issued in the state of IL.
A: There are no forms for that. You need to hire a lawyer to draft the motion, which has to be based on the legal grounds that the Illinois order is invalid in Illinois, incorrect, or not the current order. So your NC lawyer would either need to consult with an Illinois lawyer (and get an opinion letter that the Illinois order is invalid) so the NC lawyer can then ask NC to not recognize it or you could hire a lawyer in Illinois to contest the underlying order there. In either event, its a short deadline of 20 days to contest the registration, so you need to act quickly.
A: to attack the validity of the judgement you would need to file that in Illinois. the only basis to contest the registration in NC is to contend and show that the order from Illinois is invalid, meaning it has been stricken or set aside or is on appeal. Disagreeing with the out of state order does not create invalidity.
Presumably it is being registered here in NC for enforcement purposes. As such any modification of the order would also have to be done in Illinois.
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