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State Codes and Statutes

Statutes > Connecticut > Title46b > Chap816 > Sec46b-212h

      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.