LD 986
pg. 74
Page 73 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 75 of 77
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LR 467
Item 1

 
substantive and procedural provisions of UIFSA, i.e., those
found in the Act other than in Articles 1, 2, and 6. Note,
however, that the provision in Section 611(c) forbidding
modification of nonmodifiable aspects of the controlling order
applies. For example, the duration of the support obligation
remains fixed by the original controlling order despite the
subsequent residence of all parties in a new State. The fact
that the State of the new controlling order has a different
duration of for child support is specifically declared to be
irrelevant by UIFSA, see Section 611, supra. Note that the even-
handed approach of the Act is sustained; neither an increase nor
a decrease in the duration in the obligation of child support is
permitted.

 
§3256.__Notice to issuing tribunal of modification

 
Within 30 days after issuance of a modified child-support
order, the party obtaining the modification shall file a
certified copy of the order with the issuing tribunal that had
continuing, exclusive jurisdiction over the earlier order, and
in each tribunal in which the party knows the earlier order
has been registered. A party who obtains the order and fails
to file a certified copy is subject to appropriate sanctions
by a tribunal in which the issue of failure to file arises.
The failure to file does not affect the validity or
enforceability of the modified order of the new tribunal
having continuing, exclusive jurisdiction.

 
Uniform Comment

 
(This is Section 614 of the Uniform Act.)

 
This stand-alone provision is designed to clarify the
organization of the Act; it states the crucial proposition
that the prevailing party must inform the original issuing
tribunal about its loss of continuing, exclusive jurisdiction
over its child-support order. Thereafter, the original
tribunal may not modify, or review and adjust, the amount of
child support. Notice to the issuing tribunal and other
affected tribunals that the continuing, exclusive jurisdiction
of the former controlling order has been modified is crucial
to avoid the confusion and chaos of the multiple-order system
UIFSA is designed to replace.

 
Additionally, the tribunal has authority to impose sanctions
on a party who fails to comply with the requirement to give
notice of a modification to all interested tribunals. Note,
however, that failure to notify a displaced tribunal of a
modification
of its order does not affect the validity of the modified
order.

 
§3257.__Jurisdiction to modify child support order of foreign

 
country or political subdivision


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