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.)