§ 1738B. Full faith and credit for child support orders
(a)
General Rule.—
The appropriate authorities of each State—
(b)
Definitions.—
In this section:
“child” means—
(B)
a person 18 or more years of age with respect to whom a child support order has been issued pursuant to the laws of a State.
“child’s State” means the State in which a child resides.
“child’s home State” means the State in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than 6 months old, the State in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month period.
“child support” means a payment of money, continuing support, or arrearages or the provision of a benefit (including payment of health insurance, child care, and educational expenses) for the support of a child.
“child support order”—
(A)
means a judgment, decree, or order of a court requiring the payment of child support in periodic amounts or in a lump sum; and
(B)
a State or political subdivision of a State to which the right to obtain child support has been assigned.
“court” means a court or administrative agency of a State that is authorized by State law to establish the amount of child support payable by a contestant or make a modification of a child support order.
“modification” means a change in a child support order that affects the amount, scope, or duration of the order and modifies, replaces, supersedes, or otherwise is made subsequent to the child support order.
(c)
Requirements of Child Support Orders.—
A child support order made by a court of a State is made consistently with this section if—
(d)
Continuing Jurisdiction.—
A court of a State that has made a child support order consistently with this section has continuing, exclusive jurisdiction over the order if the State is the child’s State or the residence of any individual contestant unless the court of another State, acting in accordance with subsections (e) and (f), has made a modification of the order.
(e)
Authority To Modify Orders.—
A court of a State may modify a child support order issued by a court of another State if—
(f)
Recognition of Child Support Orders.—
If 1 or more child support orders have been issued with regard to an obligor and a child, a court shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction and enforcement:
(2)
If 2 or more courts have issued child support orders for the same obligor and child, and only 1 of the courts would have continuing, exclusive jurisdiction under this section, the order of that court must be recognized.
(3)
If 2 or more courts have issued child support orders for the same obligor and child, and more than 1 of the courts would have continuing, exclusive jurisdiction under this section, an order issued by a court in the current home State of the child must be recognized, but if an order has not been issued in the current home State of the child, the order most recently issued must be recognized.
(g)
Enforcement of Modified Orders.—
A court of a State that no longer has continuing, exclusive jurisdiction of a child support order may enforce the order with respect to nonmodifiable obligations and unsatisfied obligations that accrued before the date on which a modification of the order is made under subsections (e) and (f).
(h)
Choice of Law.—
(1)
In general.—
In a proceeding to establish, modify, or enforce a child support order, the forum State’s law shall apply except as provided in paragraphs (2) and (3).
(i)
Registration for Modification.—
If there is no individual contestant or child residing in the issuing State, the party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another State shall register that order in a State with jurisdiction over the nonmovant for the purpose of modification.