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§15-23.1-205  Continuing, exclusive jurisdiction to modify child support order. –


Published: 2015

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TITLE 15

Domestic Relations

CHAPTER 15-23.1

Uniform Interstate Family Support Act

ARTICLE 15-23.1-201

Jurisdiction

SECTION 15-23.1-205



   § 15-23.1-205  Continuing, exclusive

jurisdiction to modify child support order. –

(a) A tribunal of this state that has issued a support order consistent with

the law of this state has and shall exercise continuing, exclusive jurisdiction

to modify its child support order if the order is the controlling order, and:



   (1) At the time of the filing of a request for modification

this state is the residence of the obligor, the individual obligee, or the

child for whose benefit the support order is issued; or



   (2) Even if this state is not the residence of the obligor,

the individual obligee, or the child for whose benefit the support order is

issued, the parties consent in a record or in open court that the tribunal of

this state may continue to exercise jurisdiction to modify its order.



   (b) A tribunal of this state that has issued a child support

order consistent with the law of this state may not exercise continuing,

exclusive jurisdiction to modify the order if:



   (1) All of the parties who are individuals file consent in a

record with the tribunal of this state that a tribunal of another state that

has jurisdiction over at least one of the parties who is an individual or that

is located in the state of residence of the child may modify the order and

assume continuing, exclusive jurisdiction; or



   (2) Its order is not the controlling order.



   (c) If a tribunal of another state has issued a child support

order pursuant to the Uniform Interstate Family Support Act or a law similar to

this chapter which modifies a child-support order of a tribunal of this state,

tribunals of this state shall recognize the continuing, exclusive jurisdiction

of the tribunal of the other state.



   (d) A tribunal of this state that lacks continuing, exclusive

jurisdiction to modify a child-support order may serve as an initiating

tribunal to request a tribunal of another state to modify a support order

issued in that state.



   (e) A temporary support order issued ex parte or pending

resolution of a jurisdictional conflict does not create continuing, exclusive

jurisdiction in the issuing tribunal.



History of Section.

(P.L. 1997, ch. 170, § 15; P.L. 2006, ch. 69, § 2; P.L. 2006, ch. 76,

§ 2.)