SEC. 93-12-7. Prima facie proof of valid order; procedure at hearing; testimony of out-of-state witnesses.

(1) At any hearing contesting a proposed order for withholding based on a support order entered pursuant to Sections 93-12-1 et seq., the entered order, accompanying sworn or certified statement, and a certified copy of the order for withholding, if any, 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 an order for withholding under the law of the jurisdiction which issued the support order.

(2) Once a prima facie case has been established, the obligor may only contest the order because of mistakes of fact that make the withholding improper or the amount of the withholding incorrect.

(3) If the obligor presents evidence which constitutes a full or partial defense, the court shall continue the case to permit further evidence relative to the defense to be adduced by either party. However, if the obligor acknowledges liability for the child support at issue, the court shall enter an order for withholding for the payment of current support and for so much of any arrearages as are not in dispute. The case shall be continued only with respect to those matters remaining in dispute. The court shall determine those matters as soon as possible and if appropriate shall modify the order for withholding to conform to that resolution.

(4) In addition to other procedural devices available to a party, any party to the proceeding may adduce testimony of witnesses in another state, including the parties and any of the children, by deposition or written discovery.

(5) A court of this state may request the appropriate court of another state to hold a hearing to adduce evidence, to permit a deposition to be taken before the court, 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.

SOURCES: Laws, 1988, ch. 480, Sec. 4, eff from and after July 1, 1988.

1997 Amendment:

Repealed.

SOURCE: 1997 Laws, Chapter 588, Sec. 131, SB2164, Effective July 1, 1997.