§ 7611 — Modification of child support order of another state

Pennsylvania § 7611

• Jurisdiction: Pennsylvania
• Title 23: DOMESTIC RELATIONS
• Part: PART VIII
• Ch. 76: REGISTRATION, ENFORCEMENT AND MODIFICATION
• Subch.: REGISTRATION AND MODIFICATION

Text

(a) Authority.--After a child support order issued in another state has been registered in this State, the responding tribunal of this State may modify that order, upon petition, only if section 7613 (relating to jurisdiction to modify child support order of another state when individual parties reside in this State) does not apply and after notice and hearing it finds one of the following:

(1) The following requirements are met:

(i) the child, the individual obligee and the obligor do not reside 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.

(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 over the order.

(b) General rule.--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) Restriction.--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 child, the order that controls and must be so recognized under section 7207 (relating to determination of controlling child support order) establishes the aspects of the support order which are not modifiable.

(c.1) Modification.--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.

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

(e) Filing.--(Deleted by amendment).

(f) Retained jurisdiction.--Notwithstanding subsection (a), (b), (c) or (d) or section 7201(b) (relating to bases for jurisdiction over nonresident), a tribunal of this State retains jurisdiction to modify an order issued by a tribunal of this State if the following are met:

(1) One party resides in another state.

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

Legislative History

(Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Dec. 28, 2015, P.L.559, No.94, eff. imd.) 1997 Amendment.Act 58 of 1997 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies for collection of past due and overdue support. Cross References.Section 7611 is referred to in sections 7201, 7610, 7615 of this title.