Which state would a Modification of Child Support need to be filed in?
Full Question:
Answer:
The first state to impose a support order retains "continuing exclusive jurisdiction" as long as one of the parties continues to reside in that state or if both parties agree to transfer jurisdiction to another state.
In modification proceedings, it will be the law of the "continuing exclusive jurisdiction" state which will govern whether or not the nonresident has a duty of support. Note, however, that for enforcement purposes, it will be the law of the enforcing state that will govern enforcement proceedings.
The Uniform Interstate Family Support Act (UIFSA) allows the fifty (50) states and various foreign nations to initiate a support action. The custodial parent files a petition on the local court which is then forwarded to the country and/or state in which the obligor is located. UIFSA may be used to establish a support obligation, enforce an existing order of support, or be used to assist in parent location.
Once issued, an support order may be sent to any other UIFSA state for registration. allowing that state's authorities to enforce the order. Registration does not give the enforcing state any authority to modify the order. The initiating state maintains continuing exclusive jurisdiction even though the debtor lives, or the order is being enforced, elsewhere. A motion to modify a support order may be made when there is a significant change in circumstances.
