§ 14-5-611 — Modification of child support order of another state

(a) If section
14-5-613 does not apply, upon petition a tribunal of this state may modify a child
support order issued in another state which order is registered in this state if, after
notice and hearing, the tribunal finds that:

(1) The following requirements are met:

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

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

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

(2) This state is the 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.

(b) 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.

(c) 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 14-5-207 establishes the aspects of the support order
which are nonmodifiable.

(d) 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.

(e) 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 having continuing, exclusive jurisdiction.

(f) Notwithstanding subsections (a) through (e) of this section and section 14-5-201 (b), a tribunal of this state retains jurisdiction to modify an order issued by a
tribunal of this state if:

(1) One party resides in another state; and

(2) The other party resides outside the United States.

Legislative History

Source: L. 93: Entire article R&RE, p. 1599, � 1, effective January 1, 1995. L. 97: Entire section amended, p. 541, � 14, effective July 1. L. 2003: Entire section amended, p. 1260, � 40, effective July 1, 2004. L. 2015: Entire part amended, (HB 15-1198), ch. 173, p. 559, � 31, effective July 1.