LD 986
pg. 69
Page 68 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 70 of 77
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LR 467
Item 1

 
also is applicable if the individual parties and the child no
longer reside in the issuing State, but agree to submit the
modification issue to a tribunal in the petitioner's State of
residence. Also implicit in a shift of jurisdiction over the
child-support order is that the agreed-upon tribunal must have
subject matter jurisdiction and personal jurisdiction over at
least one of the parties or the child, and that the other party
submits to the personal jurisdiction of that forum. In short,
UIFSA does not contemplate that absent parties can agree to
confer jurisdiction on a tribunal without a nexus to the parties
or the child. But if the other party agrees, either the obligor
or the obligee may seek assertion of jurisdiction to modify by a
tribunal of the State of residence of either party.

 
The requirements of Subsection (a) are demonstrated to the
tribunal being asked to assume continuing, exclusive
jurisdiction. No action to transfer, surrender, or otherwise
participate is required or anticipated by the original order-
issuing tribunal. The Act does not grant discretion to refuse
to yield jurisdiction to the issuing tribunal; nor does it
extend discretion to refuse to accept jurisdiction to the
assuming tribunal when the statutory requisites are met.
However, there is a distinction between the processes involved
under Subsection (a)(1) and (a)(2). Once the requirements of
(a)(1) or Section 613 have been met for assumption of
jurisdiction, the assuming jurisdiction acts on the
modification and then notifies the tribunal whose order has
been replaced by the order of the assuming tribunal, see
Section 614, infra. In contrast, for a tribunal of another
State to assume modification jurisdiction under Subsection
(a)(2) it is necessary that the individual parties first agree
in a record to submit modification of child support to that
tribunal and file their agreement with the issuing tribunal.
Thereafter they may then proceed to petition the assuming
tribunal to take jurisdiction.

 
Modification of child support under Subsections (a)(1) and
(a)(2) is distinct from custody modification under the federal
Parental Kidnapping Prevention Act, 42 U.S.C. Section 1738A,
which provides that the court of continuing, exclusive
jurisdiction may "decline jurisdiction." Similar provisions
are found in the UCCJA, Section 14. In those statutes the
methodology for the declination of jurisdiction is not spelled
out, but rather is left to the discretion of possibly
competing courts for case-by-case determination. The privilege
of declining jurisdiction, thereby creating the potential for
a vacuum, is not authorized under UIFSA, see Rosen v. Lantos,
938 P.2d 729, 734 (N.M. App. 1997). Once a controlling initial
child-support order is established under UIFSA, at all times
thereafter there is an existing order in effect to be
enforced. Even if the issuing tribunal no longer has
continuing, exclusive jurisdiction, its


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