LD 986
pg. 75
Page 74 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 76 of 77
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LR 467
Item 1

 
1.__Assumption of jurisdiction.__If a foreign country or
political subdivision that is a state will not or may not modify
its order pursuant to its laws, a tribunal of this State may
assume jurisdiction to modify the child support order and bind
all individuals subject to the personal jurisdiction of the
tribunal whether or not the consent to modification of a child
support order otherwise required of the individual pursuant to
section 3253 has been given or whether the individual seeking
modification is a resident of this State or of the foreign
country or political subdivision.

 
2.__Controlling order.__An order issued pursuant to this
section is the controlling order.

 
Uniform Comment

 
(This is Section 615 of the Uniform Act.)

 
The amendments of 2001 added Section 615, which expands upon
language moved from Section 611 (a)(2). A tribunal of one of
the several States may modify a support order of a foreign
country or political subdivision when a tribunal of the
foreign jurisdiction would have jurisdiction to modify its
order under the standards of UIFSA, but under the law or
procedure of that foreign jurisdiction the tribunal will not
or may not exercise that jurisdiction to modify its order. The
standard example cited for the necessity of this special rule
involves the conundrum posed to a tribunal of a foreign
country having a requirement that the parties be physically
present in order to sustain a modification of child support,
and lacking the authority to compel a party residing outside
of the borders of the country to appear. In such an instance,
a tribunal of the forum State may modify the order if it has
personal jurisdiction over both parties, including
jurisdiction over the absent party who has submitted to the
jurisdiction of the forum by making a request for modification
of the support order.

 
Sec. 44. 19-A MRSA §3301, as enacted by PL 1995, c. 694, Pt. B, §2
and affected by Pt. E, §2, is amended to read:

 
§3301. Proceeding to determine parentage

 
1. Responding court. A tribunal court of this State
authorized to determine parentage of a child may serve as an
initiating or a responding tribunal in a proceeding to
determine parentage brought under this chapter or a law
substantially similar to this chapter, the Uniform Reciprocal
Enforcement of
Support Act or the Revised Uniform Reciprocal Enforcement of
Support Act to determine that the petitioner is a parent of a


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