Legislation
SECTION 580-611
Modification of child support order of another state
Family Court Act (FCT) CHAPTER 686, ARTICLE 5-B, PART 6, SUBPART C
§ 580-611. Modification of child support order of another state. (a)
If section 580-613 of this subpart does not apply, upon petition a
tribunal of this state may modify a child support order issued in
another state which is registered in this state if, after notice and
hearing, the tribunal finds that:
(1) the following requirements are met:
(i) neither the child, nor the obligee who is an individual, nor the
obligor resides in the issuing state;
(ii) a petitioner who is a nonresident of this state seeks
modification; and
(iii) the respondent is subject to the personal jurisdiction of the
tribunal of this state; or
(2) this state is the residence of the child, or a party who is an
individual is subject to the personal jurisdiction of the tribunal of
this state, and all of the parties who are individuals have filed
consents in a record in the issuing tribunal for a tribunal of this
state to modify the support order and assume continuing, exclusive
jurisdiction.
(b) Modification of a registered child support order is subject to the
same requirements, procedures, and defenses that apply to the
modification of an order issued by a tribunal of this state and the
order may be enforced and satisfied in the same manner.
(c) A tribunal of this state may not modify any aspect of a child
support order that may not be modified under the law of the issuing
state, including the duration of the obligation of support. If two or
more tribunals have issued child support orders for the same obligor and
same child, the order that controls and must be so recognized under
section 580-207 of this article establishes the aspects of the support
order which are nonmodifiable.
(d) In a proceeding to modify a child support order, the law of the
state that is determined to have issued the initial controlling order
governs the duration of the obligation of support. The obligor's
fulfillment of the duty of support established by that order precludes
imposition of a further obligation of support by a tribunal of this
state.
(e) On the issuance of an order by a tribunal of this state modifying
a child support order issued in another state, the tribunal of this
state becomes the tribunal having continuing, exclusive jurisdiction.
(f) Notwithstanding subdivisions (a) through (e) of this section and
subdivision (b) of section 580-201 of this article, a tribunal of this
state retains jurisdiction to modify an order issued by a tribunal of
this state if:
(1) one party resides in another state; and
(2) the other party resides outside the United States.
If section 580-613 of this subpart does not apply, upon petition a
tribunal of this state may modify a child support order issued in
another state which is registered in this state if, after notice and
hearing, the tribunal finds that:
(1) the following requirements are met:
(i) neither the child, nor the obligee who is an individual, nor the
obligor resides in the issuing state;
(ii) a petitioner who is a nonresident of this state seeks
modification; and
(iii) the respondent is subject to the personal jurisdiction of the
tribunal of this state; or
(2) this state is the residence of the child, or a party who is an
individual is subject to the personal jurisdiction of the tribunal of
this state, and all of the parties who are individuals have filed
consents in a record in the issuing tribunal for a tribunal of this
state to modify the support order and assume continuing, exclusive
jurisdiction.
(b) Modification of a registered child support order is subject to the
same requirements, procedures, and defenses that apply to the
modification of an order issued by a tribunal of this state and the
order may be enforced and satisfied in the same manner.
(c) A tribunal of this state may not modify any aspect of a child
support order that may not be modified under the law of the issuing
state, including the duration of the obligation of support. If two or
more tribunals have issued child support orders for the same obligor and
same child, the order that controls and must be so recognized under
section 580-207 of this article establishes the aspects of the support
order which are nonmodifiable.
(d) In a proceeding to modify a child support order, the law of the
state that is determined to have issued the initial controlling order
governs the duration of the obligation of support. The obligor's
fulfillment of the duty of support established by that order precludes
imposition of a further obligation of support by a tribunal of this
state.
(e) On the issuance of an order by a tribunal of this state modifying
a child support order issued in another state, the tribunal of this
state becomes the tribunal having continuing, exclusive jurisdiction.
(f) Notwithstanding subdivisions (a) through (e) of this section and
subdivision (b) of section 580-201 of this article, a tribunal of this
state retains jurisdiction to modify an order issued by a tribunal of
this state if:
(1) one party resides in another state; and
(2) the other party resides outside the United States.