Legislation
SECTION 580-205
Continuing exclusive jurisdiction to modify child support order
Family Court Act (FCT) CHAPTER 686, ARTICLE 5-B, PART 2
§ 580-205. Continuing exclusive jurisdiction to modify child support
order. (a) A tribunal of this state that has issued a child 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
substantially similar to that act 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.
order. (a) A tribunal of this state that has issued a child 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
substantially similar to that act 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.