LD 986
pg. 73
Page 72 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 74 of 77
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LR 467
Item 1

 
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.

 
The original issuing tribunal retains authority post-
modification to take remedial actions directly connected to
its now-modified order.

 
Sec. 43. 19-A MRSA §§3255 to 3257 are enacted to read:

 
§3255.__Jurisdiction to modify child support order of another

 
state when individual parties reside in State

 
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.

 
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.

 
Uniform Comment

 
(This is Section 613 of the Uniform Act.)

 
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).

 
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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