LD 986
pg. 20
Page 19 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 21 of 77
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LR 467
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assertions of long-arm jurisdiction have been dealt with
satisfactorily on a case-by-case basis using due process
constitutional or forum non conveniens grounds. Rains v. Dept.
of Social & Health Serv., 989 P.2d 558 (Wash. App. 1998);
Phillips v. Fallen, 6 S.W.3d 862 (Mo.1999), reversing 1999 WL
50159 (Mo. App. W.D.,1999); Abu-Dalbouh v. Abu-Dalbouh, 547
N.W.2d 700 (Minn. App.1996).

 
§2962.__Duration of personal jurisdiction

 
Personal jurisdiction acquired by a tribunal of this State
in a proceeding under this chapter or other law of this State
relating to a support order continues as long as a tribunal of
this State has continuing, exclusive jurisdiction to modify
its order or continuing jurisdiction to enforce its order as
provided by sections 2965, 2966 and 2971.

 
Uniform Comment

 
(This is Section 202 of the Uniform Act.)

 
This section can be said to state a legal truism, albeit a
useful one. That is, once a tribunal issues a support order
binding on the parties, which must be based on personal
jurisdiction by virtue of Kulko v. Superior Court, 436 U.S. 84
(1978) and Vanderbilt v. Vanderbilt, 354 U.S. 416 (1957),
jurisdiction in personam continues absent the statutorily
specified reasons for its termination. The rule established by
UIFSA is that the personal jurisdiction necessary to sustain
enforcement or modification of an order of child support or
spousal support persists as long as the order is in force and
effect, even as to arrears, see Sections 205-207, 211, infra.
This is true irrespective of the context in which the support
order arose, e.g., divorce, UIFSA support establishment,
parentage establishment, modification of prior controlling
order, etc. Insofar as a child-support order is concerned,
depending on specific factual circumstances a distinction is
made between continuing, exclusive jurisdiction to modify an
order and continuing jurisdiction to enforce an order, see
Sections 205 and 206, infra. Authority to modify a spousal
support order is permanently reserved to the issuing tribunal,
Section 211, infra.

 
§2963.__Initiating and responding tribunal of this State

 
Under this chapter, 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.

 
Uniform Comment


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