§ 15-23.1-611 - Modification of child support order of another state.
SECTION 15-23.1-611
§ 15-23.1-611 Modification of childsupport order of another state. – (a) If § 15-23.1-613 does not apply, except as otherwise provided in§ 15-23.1-615, upon petition a tribunal of this state may modify a childsupport order issued in another state which is registered in this state ifafter notice and hearing the tribunal finds that:
(1) The following requirements are met:
(i) Neither child, nor the obligee who is an individual, northe obligor resides in the issuing state;
(ii) A petitioner who is a nonresident of this state seeksmodification; and
(iii) The respondent is subject to the personal jurisdictionof the tribunal of this state; or
(2) This state is the state of residence of the child, or aparty who is an individual, is subject to the personal jurisdiction of thetribunal of this state and all of the parties who are individuals have filedconsent in a record in the issuing tribunal for a tribunal of this state tomodify the support order and assume continuing, exclusive jurisdiction.
(b) Modification of a registered child support order issubject to the same requirements, procedures, and defenses that apply to themodification of an order issued by a tribunal of this state and the order maybe enforced and satisfied in the same manner.
(c) Except as otherwise provided in section 15-23.1-615,tribunal of this state may not modify any aspect of a child support order thatmay not be modified under the law of the issuing state, including the durationof the obligation of support. If two (2) or more tribunals have issued childsupport orders for the same obligor and child, the order that controls and mustbe so recognized under § 15-23.1-207 establishes the aspects of thesupport order which are non-modifiable.
(d) In a proceeding to modify a child-support order, the lawof the state that is determined to have issued the initial controlling ordergoverns the duration of the obligation of support. The obligor's fulfillment ofthe duty of support established by that order precludes imposition of a furtherobligation of support by a tribunal of this state.
(e) On issuance of an order by a tribunal of this statemodifying a child support order issued in another state, the tribunal of thisstate becomes the tribunal of continuing, exclusive jurisdiction.