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Sec. 46b-212h. Continuing, exclusive jurisdiction of Family Support Magistrate Division or Superior Court, when.

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Sec. 46b-212h. Continuing, exclusive jurisdiction of Family Support Magistrate Division or Superior Court, when. (a) The Family Support Magistrate Division or the Superior Court that has issued a support order consistent with the law of this state has and shall exercise continuing exclusive jurisdiction to modify its child support order if such order is the controlling support order and: (1) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or (2) if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the Family Support Magistrate Division or the Superior Court may continue to exercise jurisdiction to modify its order. (b) The Family Support Magistrate Division or the Superior Court that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if: (1) All of the parties who are individuals file consent in a record with the Family Support Magistrate Division or the Superior Court that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or (2) Its order is not the controlling order. (c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to said act, which modifies a child support order of the Family Support Magistrate Division or Superior Court, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state. (d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state. (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing exclusive jurisdiction in the issuing tribunal. (f) (1) The Family Support Magistrate Division or Superior Court issuing a spousal support order consistent with the law of this state has continuing exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (2) The Family Support Magistrate Division and the Superior Court may not modify a spousal support order issued by a tribunal of another state having continuing exclusive jurisdiction over that order under the law of that state. (3) The Family Support Magistrate Division or Superior Court that has continuing exclusive jurisdiction over a spousal support order may serve as: (A) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or (B) a responding tribunal to enforce or modify its own spousal support order. (June 18 Sp. Sess. P.A. 97-1, S. 9, 75; P.A. 07-247, S. 21.) History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsec. (a) re conditions for Family Support Magistrate Division or Superior Court to exercise continuing exclusive jurisdiction to modify child support order, amended Subsec. (b) re circumstances under which Family Support Magistrate Division or Superior Court may not exercise continuing exclusive jurisdiction to modify child support order, deleted former Subsec. (c), redesignated existing Subsec. (d) as Subsec. (c) and amended same to provide that Family Support Magistrate Division or Superior Court shall recognize continuing, exclusive jurisdiction of tribunal of another state that has issued a child support order pursuant to Uniform Interstate Family Support Act or a substantially similar law, added new Subsec. (d) re authority of tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order to serve as initiating tribunal, and amended Subsec. (f) by adding Subpara. designators (1) to (3) and specifying in Subsec. (f)(3) that Family Support Magistrate Division or Superior Court exercising continuing exclusive jurisdiction may serve as initiating or responding tribunal, effective January 1, 2008.
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  •       Sec. 46b-212h. Continuing, exclusive jurisdiction of Family Support Magistrate Division or Superior Court, when. (a) The Family Support Magistrate Division or the Superior Court that has issued a support order consistent with the law of this state has and shall exercise continuing exclusive jurisdiction to modify its child support order if such order is the controlling support order and: (1) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or (2) if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the Family Support Magistrate Division or the Superior Court may continue to exercise jurisdiction to modify its order.

          (b) The Family Support Magistrate Division or the Superior Court that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:

          (1) All of the parties who are individuals file consent in a record with the Family Support Magistrate Division or the Superior Court that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or

          (2) Its order is not the controlling order.

          (c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to said act, which modifies a child support order of the Family Support Magistrate Division or Superior Court, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

          (d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

          (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing exclusive jurisdiction in the issuing tribunal.

          (f) (1) The Family Support Magistrate Division or Superior Court issuing a spousal support order consistent with the law of this state has continuing exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (2) The Family Support Magistrate Division and the Superior Court may not modify a spousal support order issued by a tribunal of another state having continuing exclusive jurisdiction over that order under the law of that state. (3) The Family Support Magistrate Division or Superior Court that has continuing exclusive jurisdiction over a spousal support order may serve as: (A) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or (B) a responding tribunal to enforce or modify its own spousal support order.

          (June 18 Sp. Sess. P.A. 97-1, S. 9, 75; P.A. 07-247, S. 21.)

          History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 07-247 amended Subsec. (a) re conditions for Family Support Magistrate Division or Superior Court to exercise continuing exclusive jurisdiction to modify child support order, amended Subsec. (b) re circumstances under which Family Support Magistrate Division or Superior Court may not exercise continuing exclusive jurisdiction to modify child support order, deleted former Subsec. (c), redesignated existing Subsec. (d) as Subsec. (c) and amended same to provide that Family Support Magistrate Division or Superior Court shall recognize continuing, exclusive jurisdiction of tribunal of another state that has issued a child support order pursuant to Uniform Interstate Family Support Act or a substantially similar law, added new Subsec. (d) re authority of tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order to serve as initiating tribunal, and amended Subsec. (f) by adding Subpara. designators (1) to (3) and specifying in Subsec. (f)(3) that Family Support Magistrate Division or Superior Court exercising continuing exclusive jurisdiction may serve as initiating or responding tribunal, effective January 1, 2008.

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