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§2965. Continuing, exclusive jurisdiction to modify child support order


Published: 2015

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§2965. Continuing, exclusive jurisdiction to modify child support order








1. Tribunal has continuing, exclusive jurisdiction. 
A tribunal of this State that has issued a support order consistent with the laws
of this State has and shall exercise continuing, exclusive jurisdiction to modify
its child support order if the order is the controlling order and:





A. 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 [2003, c. 436, §10 (NEW).]










B. 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. [2003, c. 436, §10 (NEW).]







[
2003, c. 436, §10 (NEW)
.]








2. Tribunal may not exercise continuing, exclusive jurisdiction. 
A tribunal of this State that has issued a child support order consistent with the
laws of this State may not exercise its continuing, exclusive jurisdiction to modify
the order if:





A. 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 [2003, c. 436, §10 (NEW).]










B. The tribunal's order is not the controlling order. [2003, c. 436, §10 (NEW).]







[
2003, c. 436, §10 (NEW)
.]








3. Recognition of jurisdiction of another state's tribunal. 
If a tribunal of another state that has issued a child support order pursuant to
the Uniform Interstate Family Support Act or a law substantially similar to this chapter
that 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.


[
2003, c. 436, §10 (NEW)
.]








4. Initiating tribunal to request modification. 
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.


[
2003, c. 436, §10 (NEW)
.]








5. Temporary support order. 
A temporary support order issued ex parte or pending resolution of a jurisdictional
conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.


[
2003, c. 436, §10 (NEW)
.]





SECTION HISTORY

2003, c. 436, §10 (NEW).