When read together, the 2001 amendments to Subsection(a) |
deleting the term "modify" and the addition of new Subsection |
(b) are designed to preclude a tribunal of the forum from |
ignoring the restrictions on modification of child-support |
orders established by UIFSA. Some courts broadly construed the |
former reference to "modify" to justify ignoring the |
requirement of Section 611 that, absent agreement of the |
parties, a petitioner for modification of a child-support |
order of an issuing State when all parties have left that |
State must be a nonresident of the forum. The 2001 amendments |
make clear that a tribunal may not apply the long-arm |
provisions of Subsection (a), or any other law of the forum, |
and thereby assert that personal jurisdiction over both |
individual parties to a support order of another State is |
sufficient to modify that order. The limitations on the |
exercise of subject matter jurisdiction provided by Sections |
611 and 615 must be observed irrespective of the existence of |
personal jurisdiction over the parties. Long-arm personal |
jurisdiction over the respondent, standing alone, is not |
sufficient to grant subject matter jurisdiction over a |
proposed modification to a tribunal of the State of residence |
of the petitioner, see LeTellier v. LeTellier, 40 S.W.3d 490, |
90 A.L.R.5th 707 (Tenn. 2001), reversing 1999 WL |
732487 (Tenn. App. 1999). |