Section 552.1635 - Modification of another state's child support order; finding by responding tribunal; requirements, procedures, and defenses; jurisdiction.
UNIFORM INTERSTATE FAMILY SUPPORT ACT (EXCERPT)
Act 310 of 1996
552.1635 Modification of another state's child support order; finding by responding tribunal; requirements, procedures, and defenses; jurisdiction.
Sec. 635.
(1) After another state's child support order is registered in this state, the responding tribunal of this state may modify that order only if section 231 does not apply and, after notice and hearing, the tribunal finds 1 of the following:
(a) All of 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.
(iii) The respondent is subject to the personal jurisdiction of this state's tribunal.
(b) 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 written consent in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this act, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.
(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 this state's tribunal, and the order may be enforced and satisfied in the same manner. This state's tribunal shall not modify an aspect of a child support order that cannot be modified under the issuing state's law. If 2 or more tribunals have issued child support orders for the same obligor and child, the order that controls and shall be recognized under this act establishes the aspects of the support order that are nonmodifiable.
(3) On issuance of an order modifying a child support order issued in another state, this state's tribunal becomes the tribunal of continuing, exclusive jurisdiction.
History: 1996, Act 310, Eff. June 1, 1997 ;-- Am. 1998, Act 65, Imd. Eff. Apr. 27, 1998