§ 580-611 — Modification of child support order of another state

New York § 580-611

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 6: Registration, Enforcement and Modification of Support Order
• Subpart C: Registration and Modification of Child Support Order of Another State
• Art. 5-B: Uniform Interstate Family Support Act

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§ 580-611. Modification of child support order of another state. (a)\nIf section 580-613 of this subpart does not apply, upon petition a\ntribunal of this state may modify a child support order issued in\nanother state which is registered in this state if, after notice and\nhearing, the tribunal finds that:\n (1) the following requirements are met:\n (i) neither the child, nor the obligee who is an individual, nor the\nobligor resides in the issuing state;\n (ii) a petitioner who is a nonresident of this state seeks\nmodification; and\n (iii) the respondent is subject to the personal jurisdiction of the\ntribunal of this state; or\n (2) this state is the residence of the child, or a party who is an\nindividual is subject to the personal jurisdiction of the tribunal of\nthis state, and all of the parties who are individuals have filed\nconsents in a record in the issuing tribunal for a tribunal of this\nstate to modify the support order and assume continuing, exclusive\njurisdiction.\n (b) Modification of a registered child support order is subject to the\nsame requirements, procedures, and defenses that apply to the\nmodification of an order issued by a tribunal of this state and the\norder may be enforced and satisfied in the same manner.\n (c) A tribunal of this state may not modify any aspect of a child\nsupport order that may not be modified under the law of the issuing\nstate, including the duration of the obligation of support. If two or\nmore tribunals have issued child support orders for the same obligor and\nsame child, the order that controls and must be so recognized under\nsection 580-207 of this article establishes the aspects of the support\norder which are nonmodifiable.\n (d) In a proceeding to modify a child support order, the law of the\nstate that is determined to have issued the initial controlling order\ngoverns the duration of the obligation of support. The obligor's\nfulfillment of the duty of support established by that order precludes\nimposition of a further obligation of support by a tribunal of this\nstate.\n (e) On the issuance of an order by a tribunal of this state modifying\na child support order issued in another state, the tribunal of this\nstate becomes the tribunal having continuing, exclusive jurisdiction.\n (f) Notwithstanding subdivisions (a) through (e) of this section and\nsubdivision (b) of section 580-201 of this article, a tribunal of this\nstate retains jurisdiction to modify an order issued by a tribunal of\nthis state if:\n (1) one party resides in another state; and\n (2) the other party resides outside the United States.\n