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1、本文格式为Word版，下载可任意编辑高级法学英语1 restatement (Second) of Conflict of Laws section 98 holds that a foreign judgment States so far as the immediate parties and the underlying claim are concerned. As with a judgment from another state, a foreign court judgment may be challenged on grounds, such as the absence
2、 of personal or subject matter jurisdiction in the original forum, lack of reasonable notice, or fraud. In the international context, where there is no requirement of full faith and credit, courts have discretion to deny comity when there is a strong public policy objection to the foreign judgment.
3、4 In order to give effect to the property or support aspects of foreign country divorce or separation decrees, a state court must be satisfied that the foreign court acquired personal jurisdiction over the respondent spouse. This is tested under the standards applied to cases in the United States. I
4、n addition, the respondent spouse must have received adequate notice and an opportunity to be heard. When these conditions are met, even a foreign default judgment may be recognized on the basis of comity. (2) Uniform Foreign Money judgments recognition Act 5 The Uniform Foreign Money Judgments Reco
5、gnition Act (UFMJRA), and its successor, the Uniform Foreign Country Money Judgments Recognition Act (UFCMJRA), codified common law comity principles to allow enforcement of foreign country judgments in state courts on the same terms as judgments of other states. By its terms, the UFMJRA does not ap
6、ply to for support in matrimonial or family matters,%under the UIFSA. In some states, the UFMJRA has been applied to other types of money judgments in divorce cases, such as property division orders, and some states have enacted nonuniform versions of the statute extending to all types of matrimonia
7、l claims, including spousal support.168 The more recent UFCMJRA has a broader exclusion for any rendered in connection with domestic relations. Both versions of the act reaffirm that matrimonial judgments may be recognized based on comity or other legal principles. 41 6 In the small group of jurisdi
8、ctions in which the original UFMJRA may offer a basis for recognition of foreign divorce money judgments, section three of the act provides that the judgment sister state that is entitled to full faith and credit.grounds for nonrecognition of a foreign country judgment, including lack of personal or
9、 subject matter jurisdiction in the issuing court or a finding that rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law.(3) Uniform Interstate Family Support Act (UIFSA) 7 UIFSA establishes a procedure through which
10、a state tribunal may register and enforce a spousal support order entered in another state. The same procedure is available for support orders entered in certain foreign countries. In cases that include both child and spousal support orders, the spousal support creditor may be eligible for free serv
11、ices from the local child support recovery unit, established in each state under federal law. These services are available in both interstate and international cases. 8 The version of UIFSA adopted in 2022 allows registration and enforcement of a foreign spousal support order if the order was entere
12、d by a court in a country that meets the definition of four categories: countries that have been declared to be reciprocating countrieswith a particular state, countries that have law or established procedures for the issuance and enforcement of support orders which are substantially similar to the
13、procedures under UIFSA,in force with respect to the United States. Foreign country spousal support orders that meet the statutory definition in UIFSA section 102( 5), and which are registered for enforcement under UIFSA section 601, are forceable in the same manner and subject to the same procedures
14、 The law of the issuing tribunal governs most questions, including the extent, amount, and duration of current paymentspayment of arrearages and interest. 42 9 UIFSA generally applies the same procedures to both spousal and child support proceedings, but it draws a distinction between the jurisdicti
15、on needed to modify the two types of support orders. Under UIFSA section 211(a), the court that enters a spousal support order maintains order throughout its existence. Any proceeding to modify or terminate spousal support must therefore be brought in the original forum, even if neither of the parti
16、es continues to live in that jurisdiction. In international cases, the rule of continuing jurisdiction presented difficulties if the foreign tribunal that issued an initial spousal support order considered its jurisdiction to terminate after all parties had left the forum. In this circumstance, there was no forum with jurisdiction to modify within the parameters of UIFSA. As amended in 2022,
