- Consolidated Laws - Family Court
Part 2. B. Proceedings involving two or more states.
S 580-203. Initiating and responding tribunal of state. Under this
article, a tribunal of this state may serve as an initiating tribunal to
forward proceedings to another state and as a responding tribunal for
proceedings initiated in another state.
S 580-204. Simultaneous proceedings in another state. (a) A tribunal
of this state may exercise jurisdiction to establish a support order if
the petition or comparable pleading is filed after a pleading is filed
in another state only if:
(1) the petition or comparable pleading in this state is filed before
the expiration of the time allowed in the other state for filing a
responsive pleading challenging the exercise of jurisdiction by the
other state;
(2) the contesting party timely challenges the exercise of
jurisdiction in the other state; and
(3) if relevant, this state is the home state of the child.
(b) A tribunal of this state may not exercise jurisdiction to
establish a support order if the petition or comparable pleading is
filed before a petition or comparable pleading is filed in another state
if:
(1) the petition or comparable pleading in the other state is filed
before the expiration of the time allowed in this state for filing a
responsive pleading challenging the exercise of jurisdiction by this
state;
(2) the contesting party timely challenges the exercise of
jurisdiction in this state; and
(3) if relevant, the other state is the home state of the child.
S 580-205. Continuing, exclusive jurisdiction. (a) A tribunal of this
state issuing a support order consistent with the law of this state has
continuing, exclusive jurisdiction over a child support order:
(1) as long as this state remains the residence of the obligor, the
individual obligee, or the child for whose benefit the support order is
issued; or
(2) until all of the parties who are individuals have filed written
consents with the tribunal of this state for a tribunal of another state
to modify the order and assume continuing, exclusive jurisdiction.
(b) A tribunal of this state issuing a child-support order consistent
with the law of this state may not exercise its continuing jurisdiction
to modify the order if the order has been modified by a tribunal of
another state pursuant to the Uniform Interstate Family Support Act
(UIFSA) or a law substantially similar to UIFSA.
(c) If a child-support order of this state is modified by a tribunal
of another state pursuant to UIFSA or a law substantially similar to
UIFSA, a tribunal of this state loses its continuing, exclusive
jurisdiction with regard to prospective enforcement of the order issued
in this state, and may only:
(1) enforce the order that was modified as to amounts accruing before
the modification;
(2) enforce nonmodifiable aspects of that order; and
(3) provide other appropriate relief for violations of that order
which occurred before the effective date of the modification.
(d) A tribunal of this state shall recognize the continuing, exclusive
jurisdiction of a tribunal of another state which has issued a child
support order pursuant to UIFSA or a law substantially similar to UIFSA.
(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.
(f) A tribunal of this state issuing a support order consistent with
the law of this state has continuing, exclusive jurisdiction over a
spousal support order throughout the existence of the support
obligation. A tribunal of this state may not modify a spousal support
order issued by a tribunal of another state having continuing, exclusive
jurisdiction over that order under the law of that state.
S 580-206. Enforcement and modification of support order by tribunal
having continuing jurisdiction. (a) A tribunal of this state may serve
as an initiating tribunal to request a tribunal of another state to
enforce or modify a support order issued in that state.
(b) A tribunal of this state having continuing, exclusive jurisdiction
over a support order may act as a responding tribunal to enforce or
modify the order. If a party subject to the continuing, exclusive
jurisdiction of the tribunal no longer resides in the issuing state, in
subsequent proceedings the tribunal may apply section 580-316 (special
rules of evidence and procedure) to receive evidence from another state
and section 580-318 (assistance with discovery) to obtain discovery
through a tribunal of another state.
(c) A tribunal of this state which lacks continuing, exclusive
jurisdiction over a spousal support order may not serve as a responding
tribunal to modify a spousal support order of another state.
