Section 454.973

Title XXX DOMESTIC RELATIONS

Chapter 454

Effective - 01 Jul 1997, 2 histories, see footnote   (history) 

  *454.973.  Modification of an order issued in a foreign tribunal permitted, when. — (a)  After a child support order issued in another state has been registered in this state, unless the provisions of section 454.978 apply, the responding tribunal of this state may modify that order only if, after notice and hearing, it finds that:

  (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; or

  (2)  an individual party or the child is subject to the personal jurisdiction of the tribunal and all of the individual parties have filed a written consent in the issuing tribunal providing that a tribunal of this state may modify the support order and assume continuing, exclusive jurisdiction over the order.  However, if the issuing state is a foreign jurisdiction which has not enacted the Uniform Interstate Family Support Act, as amended, the written consent of the individual party residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.

  (b)  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)  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.  If two or more tribunals have issued child support orders for the same obligor and child, the order that is controlling and must be recognized under the provisions of section 454.871 establishes the nonmodifiable aspects of the support order.

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

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(L. 1997 S.B. 361)

Effective 7-01-97

*Repealed L. 2011 H.B. 260, see § 454.849 for contingent effective date