LD 986
pg. 70
Page 69 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 71 of 77
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LR 467
Item 1

 
order remains fully enforceable until a tribunal with
modification jurisdiction issues a new order in conformance with
this article.

 
The degree to which the new standards of one tribunal with
continuing, exclusive jurisdiction has been accepted is
illustrated by comparing UIFSA to the UNIFORM CHILD CUSTODY
JURISDICTION ACT, Sections 12-14, and UNIFORM CHILD CUSTODY
JURISDICTION AND ENFORCEMENT ACT Sections 201-202. The UCCJA
provides general principles for the judicial determination of
an appropriate fact situation for subsequent modification of
an existing custody order by another court. In contrast, UIFSA
establishes a set of "bright line" rules which must be met
before a tribunal may modify an existing child-support order.
The intent is to eliminate multiple support orders to the
maximum extent possible consistent with the principle of
continuing, exclusive jurisdiction that pervades the Act. The
UCCJEA borrows heavily, but not identically, from UIFSA. Both
UIFSA and UCCJEA seek a world in which there is but one-order-
at-a-time for child support and custody and visitation. Both
have similar restrictions on the ability of a tribunal to
modify the existing order. The major difference between the
two acts results from the fact that the basic jurisdictional
nexus of each is founded on different consideration. UIFSA has
its focus on the personal jurisdiction necessary to bind the
obligor to payment of a child-support order. UCCJEA places its
focus on the factual circumstances of the child, primarily the
"home State" of the child; personal jurisdiction over a parent
in order to bind that parent to the custody decree is not
required. An example of the disparate consequences of this
difference is the fact that a return to the decree State does
"not reestablish" continuing jurisdiction under the custody
jurisdiction Act, see comment to UCCJEA Section 202. But,
under UIFSA similar facts permit the issuing State to exercise
continuing, exclusive jurisdiction to modify its child-support
order if at the time the proceeding is filed the issuing State
"is the residence" of one of the individual parties or the
child, see Section 205(a), supra.

 
Subsection (b) states that when the forum has assumed
modification jurisdiction because the issuing State has lost
continuing, exclusive jurisdiction, the proceedings will
generally follow local law with regard to modification of
child-support orders.

 
The 2001 amendment to Subsection (c) and the addition of
Subsection (d) are designed to eliminate scattered attempts to
subvert a significant policy decision made when UIFSA was
first promulgated. Prior to 1993, American case law was
thoroughly in chaos regarding modification of the duration of
a child-support obligation when an obligor or obligee moved
from one State to


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