§ 580-205 — Continuing exclusive jurisdiction to modify child support order

New York § 580-205

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 2: Jurisdiction
• Art. 5-B: Uniform Interstate Family Support Act

Text

§ 580-205. Continuing exclusive jurisdiction to modify child support\norder. (a) A tribunal of this state that has issued a child support\norder consistent with the law of this state has and shall exercise\ncontinuing, exclusive jurisdiction to modify its child support order if\nthe order is the controlling order and:\n (1) at the time of the filing of a request for modification this state\nis the residence of the obligor, the individual obligee or the child for\nwhose benefit the support order is issued; or\n (2) even if this state is not the residence of the obligor, the\nindividual obligee or the child for whose benefit the support order is\nissued, the parties consent in a record or in open court that the\ntribunal of this state may continue to exercise jurisdiction to modify\nits order.\n (b) A tribunal of this state that has issued a child support order\nconsistent with the law of this state may not exercise continuing,\nexclusive jurisdiction to modify the order if:\n (1) all of the parties who are individuals file consent in a record\nwith the tribunal of this state that a tribunal of another state that\nhas jurisdiction over at least one of the parties who is an individual\nor that is located in the state of residence of the child may modify the\norder and assume continuing, exclusive jurisdiction; or\n (2) its order is not the controlling order.\n (c) If a tribunal of another state has issued a child support order\npursuant to the Uniform Interstate Family Support Act or a law\nsubstantially similar to that act which modifies a child support order\nof a tribunal of this state, tribunals of this state shall recognize the\ncontinuing, exclusive jurisdiction of the tribunal of the other state.\n (d) A tribunal of this state that lacks continuing, exclusive\njurisdiction to modify a child support order may serve as an initiating\ntribunal to request a tribunal of another state to modify a support\norder issued in that state.\n (e) A temporary support order issued ex parte or pending resolution of\na jurisdictional conflict does not create continuing, exclusive\njurisdiction in the issuing tribunal.\n