- Consolidated Laws - Family Court
Part 6. C. Registration and modification of child support order.
S 580-609. Procedure to register child support order of another state
for modification. A party or support enforcement agency seeking to
modify, or to modify and enforce, a child support order issued in
another state shall register that order in this state in the same manner
provided in part six-A if the order has not been registered. A petition
for modification may be filed at the same time as a request for
registration, or later. The pleading must specify the grounds for
modification.
S 580-610. Effect of registration for modification. A tribunal of
this state may enforce a child support order of another state registered
for purposes of modification, in the same manner as if the order had
been issued by a tribunal of this state, but the registered order may be
modified only if the requirements of section 580-611 (modification of
child support order of another state) have been met.
S 580-611. Modification of child support order of another state. (a)
After a child support order issued in another state has been registered
in this state, the responding tribunal of this state may modify that
order only if section 580-613 does not apply and after notice and
hearing it finds that:
(1) the following requirements are met:
(i) the child, the individual obligee, and the obligor do not reside
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) 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 written consents in the issuing
tribunal for a tribunal of this state to modify the support order and
assume continuing, exclusive jurisdiction over the order. However, if
the issuing state is a foreign jurisdiction that has not enacted a law
or established procedures substantially similar to the procedures under
this article, the consent otherwise required of an individual residing
in this state is not required for the tribunal to assume jurisdiction to
modify the child support order.
(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. If two or more tribunals have issued child support orders for
the same obligor and child, the order that controls and must be so
recognized under section 580-207 establishes the aspects of the support
order which are nonmodifiable.
(d) On issuance of an order modifying a child support order issued in
another state, a tribunal of this state becomes the tribunal having
continuing, exclusive jurisdiction.
S 580-612. Recognition of order modified in another state. A tribunal
of this state shall recognize a modification of its earlier
child-support order by a tribunal of another state which assumed
jurisdiction pursuant to UIFSA or a law substantially similar to UIFSA,
and, upon request, except as otherwise provided in this article, shall:
(1) enforce the order that was modified only as to amounts accruing
before the modification;
(2) enforce only nonmodifiable aspects of that order;
(3) provide other appropriate relief only for violations of that order
which occurred before the effective date of the modification; and
(4) recognize the modifying order of the other state, upon
registration, for the purpose of enforcement.
S 580-613. Jurisdiction to modify child-support order of another state
when individual parties reside in this state. (a) If all of the parties
who are individuals reside in this state and the child does not reside
in the issuing state, a tribunal of this state has jurisdiction to
enforce and to modify the issuing state`s child support order in a
proceeding to register that order.
(b) A tribunal of this state exercising jurisdiction under this
section shall apply the provisions of parts one and two, this part, and
the procedural and substantive law of this state to the proceeding for
enforcement or modification. Parts three, four, five, seven and eight of
this article do not apply.
S 580-614. Notice to issuing tribunal of modification. Within thirty
days after issuance of a modified child support order, the party
obtaining the modification shall file a certified copy of the order with
the issuing tribunal that had continuing, exclusive jurisdiction over
the earlier order, and in each tribunal in which the party knows the
earlier order has been registered. A party who obtains the order and
fails to file a certified copy is subject to appropriate sanctions by a
tribunal in which the issue of failure to file arises. The failure to
file does not affect the validity or enforceability of the modified
order of the new tribunal having continuing, exclusive jurisdiction.
