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through the enactment of UIFSA by all States, which empowers a | | modifying tribunal to assume continuing, exclusive jurisdiction | | from the original issuing State and requires an issuing State to | | recognize such an assumption of jurisdiction. This explains why | | the U.S. Congress took the extraordinary measure in PRWORA of | | mandating universal passage of UIFSA 1996, as amended, see | | Prefatory Note. |
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| | | The original issuing tribunal retains authority post- | | modification to take remedial actions directly connected to | | its now-modified order. |
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| | | Sec. 43. 19-A MRSA §§3255 to 3257 are enacted to read: |
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| | | §3255.__Jurisdiction to modify child support order of another |
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| | | state when individual parties reside in State |
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| | | 1.__Jurisdiction to modify.__If all of the parties who are | | individuals reside in this State and the child does not reside | | in the issuing state, a tribunal of this State has | | jurisdiction to enforce and to modify the issuing state's | | child support order in a proceeding to register that order. |
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| | | 2.__Application of laws.__A tribunal of this State | | exercising jurisdiction under this section shall apply the | | provisions of subchapters 1 and 2-A, this subchapter and the | | procedural and substantive law of this State to the proceeding | | for enforcement or modification. Subchapters 3, 4, 5, 7 and 8 | | do not apply. |
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| | | (This is Section 613 of the Uniform Act.) |
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| | | A 1996 amendment explicitly dealt with the possibility that | | the parties and the child subject to a child-support order no | | longer reside in the issuing State and that the individual | | parties have moved to the same new State. This section makes | | it clear that, when the issuing State no longer has | | continuing, exclusive jurisdiction to modify its order, a | | tribunal of the State of mutual residence of the individual | | parties has jurisdiction to modify the child-support order and | | assume continuing, exclusive jurisdiction. Although the | | individual parties must reside in the forum State, there is no | | requirement that the child must also reside in the forum State | | (although the child must have moved from the issuing State). |
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| | | Finally, because modification of the child-support order when | | all parties reside in the forum is essentially an intrastate | | matter, Subsection (b) withdraws authority to apply most of | | the |
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