LD 986
pg. 65
Page 64 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 66 of 77
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LR 467
Item 1

 
A.__The following requirements are met:

 
(1)__Neither the child, nor the obligee who is an
individual, nor the obligor resides in the issuing
state;

 
(2)__A petitioner, who is either a resident or a
nonresident of this State, seeks modification; and

 
(3)__The respondent is subject to the personal
jurisdiction of the tribunal of this State; or

 
B.__This State is the state of residence of the child or a
party who is an individual, the child or the party is
subject to the personal jurisdiction of the tribunal and
all of the parties who are individuals have filed consents
in a record in the issuing tribunal for a tribunal of this
State to modify the support order and assume continuing,
exclusive jurisdiction.

 
2.__Modification; enforcement and satisfaction.__
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.

 
3.__No modification.__Except as provided in section 3257, 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, including the duration of the obligation of
support.__If 2 or more tribunals have issued child support
orders for the same obligor and same child, the order that
controls and must be recognized under section 2967 establishes
the aspects of the child support order that are nonmodifiable.

 
3-A.__Issuing state's law governs.__In a proceeding to
modify a child support order, the law of the state that is
determined to have issued the initial controlling order
governs the duration of the obligation of support.__The
obligor's fulfillment of the duty of support established by
that order precludes imposition of a further obligation of
support by a tribunal of this State.

 
4.__Modification order; continuing, exclusive jurisdiction.__
Upon issuance of an order by a tribunal of this State
modifying a child support order issued in another state, the
tribunal of this State becomes the tribunal of continuing,
exclusive jurisdiction.

 
Uniform Comment


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