LD 986
pg. 64
Page 63 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 65 of 77
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LR 467
Item 1

 
Moreno, 903 S.W.2d 119 (Tex. App.--Austin 1995). Proof of
arrearages must result in enforcement; under the Bradley
Amendment, 42 U.S.C. Section 666(a)(10), all States are required
to treat child support payments as final judgments as they come
due (or lose federal funding). Therefore, such arrearages are
not subject to retroactive modification.

 
Subsection (c) provides that failure to successfully contest a
registered order requires the tribunal to confirm the validity
of the registered order. Although the statute is silent on the
subject, it seems likely that res judicata requires that both
the registering and nonregistering party who fail to register
the "true" controlling order will be estopped from
subsequently collaterally attacking the confirmed order on the
basis that the unmentioned "true order should have been
confirmed instead."

 
Sec. 40. 19-A MRSA §3252, as enacted by PL 1995, c. 694, Pt. B, §2
and affected by Pt. E, §2, is amended to read:

 
§3252. 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 3253, 3255 or 3257 have been
met.

 
Uniform Comment

 
(This is Section 610 of the Uniform Act.)

 
An order registered for purposes of modification may be
enforced in the same manner as an order registered for
purposes of enforcement. But, the power of the forum tribunal
to modify a child-support order of another tribunal is limited
by the specific factual preconditions set forth in Sections
611, 613, and 615.

 
Sec. 41. 19-A MRSA §3253, as amended by PL 1997, c. 669, §22, is
repealed and the following enacted in its place:

 
§3253.__Modification of child support order of another state

 
1.__Modification of order issued in another state.__If
section 3255 does not apply, except as otherwise provided in
section 3257, a tribunal of this State upon petition may
modify a child support order issued in another state that has
been registered
in this State if, after notice and hearing, the tribunal finds
that:


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