Title 78B Chapter 14 Section 611 (Superseded 07/01/15)

Judicial Code
Uniform Interstate Family Support Act
Section 611 (Superseded 07/01/15)
Modification of child-support order of another state.

            

78B-14-611 (Superseded 07/01/15).   Modification of child-support order of another state.

            (1) If Section 78B-14-613 does not apply, except as otherwise provided in Section 78B-14-615, upon petition a tribunal of this state may modify a child-support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:

            (a) the following requirements are met:

            (i) neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;

            (ii) a petitioner who is a nonresident of this state seeks modification; and

            (iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or

            (b) this state is the state of residence of the child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.

            (2) Modification of a registered child-support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

            (3) Except as otherwise provided in Section 78B-14-615, a tribunal of this state may not modify any aspect of a child-support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and must be so recognized under Section 78B-14-207 establishes the aspects of the support order which are nonmodifiable.

            (4) In a proceeding to modify a child-support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.

            (5) On issuance of an order by a tribunal of this state modifying a child-support order issued in another state, the tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.


Renumbered and Amended by Chapter 3, 2008 General Session