25-1225

25-1225. Continuing, exclusive jurisdiction to
modify child support order

A. A tribunal of this state 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 the order is the controlling order and either:

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.

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 tribunal of this state may continue to exercise jurisdiction to
modify its order.

B. A tribunal of this state that has issued a child support order consistent with
the law of this state shall not exercise continuing, exclusive jurisdiction to modify the
order if either:

1. All of the parties who are individuals file consent in a record with the
tribunal of this state 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.

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 that act and that
modifies a child support order of a tribunal of this state, 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.