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explicitly state in its order that it is assuming responsibility | | for the controlling child-support order. Neither the parties nor | | other tribunals should be required to speculate about the effect | | of the action taken by the tribunal under this section. |
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| | | Sec. 42. 19-A MRSA §3254, as enacted by PL 1995, c. 694, Pt. B, §2 | | and affected by Pt. E, §2, is amended to read: |
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| | | §3254. Recognition of order modified in another state |
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| | | A If a child support order issued by a tribunal of this | State shall recognize a modification of its earlier child | support order is modified by a tribunal of another state that | assumed jurisdiction pursuant to a law substantially similar | to this chapter and, upon request, except as otherwise | provided in this chapter, shall the Uniform Interstate Family | | Support Act, a tribunal of the State: |
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| | | 1. Enforce amounts accruing before modification. Enforce | May enforce the order that was modified only as to amounts | | arrears and interest accruing before the modification; |
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| | | 2. Enforce nonmodifiable aspects. Enforce only | nonmodifiable aspects of that order; |
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| | | 3. Relief for violations before modification. Provide | other May provide appropriate relief only for violations of | that its order that occurred before the effective date of the | | modification; and |
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| | | 4. Recognize modifying order. Recognize Shall recognize | | the modifying order of the other state, upon registration, for | | the purpose of enforcement. |
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| | | (This is Section 612 of the Uniform Act.) |
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| | | A key aspect of UIFSA is the deference to the controlling | | child-support order of a sister State demanded from a tribunal | | of the forum State. This applies not just to the original | | order, but also to a modified child-support order issued by a | | second State under the standards established by Section 611, | | 613, and 615. For the Act to function properly, the original | | issuing State must recognize and accept the modified order as | | controlling, and must regard its prior order as prospectively | | inoperative. Because the UIFSA system is based on an | | interlocking series of | | state laws, it is fundamental that a modifying tribunal of one | | State lacks the authority to direct the original issuing State | | to release its continuing, exclusive jurisdiction. That result | | is accomplished |
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