State Codes and Statutes
Statutes > Connecticut > Title46b > Chap816 > Sec46b-213qSec. 46b-213q. Modification of child support order of another state. (a) Except as provided in subsection (b) of section 46b-213r, in any matter where the Family Support Magistrate Division does not have jurisdiction pursuant to subsection (f) of this section, upon petition a family support magistrate may modify a child support order issued in another state which is registered in this state if, after notice and hearing, such magistrate finds that: (1) The following requirements are met: (A) Neither the child, nor the obligee who is an individual nor the obligor resides in the issuing state; (B) a petitioner who is a nonresident of this state seeks modification; and (C) the respondent is subject to the personal jurisdiction of the Family Support Magistrate Division; or (2) this state is the state of residence the child or a party who is an individual is subject to the personal jurisdiction of the Family Support Magistrate Division and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a family support magistrate to modify the support order and assume continuing exclusive jurisdiction.
(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 the Family Support Magistrate Division and the order may be enforced and satisfied in the same manner.
(c) Except as provided in subsection (b) of section 46b-213r, a family support magistrate may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and shall be so recognized under section 46b-212j establishes the aspects of the support order which are nonmodifiable.
(d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
(e) On issuance of an order by the Family Support Magistrate Division modifying a child support order issued in another state, the Family Support Magistrate Division becomes the tribunal having continuing exclusive jurisdiction.
(f) (1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, the Family Support Magistrate Division has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
(2) The Family Support Magistrate Division exercising jurisdiction under this subsection shall apply the provisions of sections 46b-212a to 46b-212l, inclusive, and 46b-213g to 46b-213r, inclusive, and the procedural and substantive law of this state to the proceeding for enforcement or modification. Sections 46b-212m to 46b-213f, inclusive, 46b-213s to 46b-213u, inclusive, and 46b-213w shall not apply to such proceeding.
(g) The family support magistrate shall order the party obtaining the modification of a child support order to file, within thirty days after issuance of such modification order, a certified copy of such order with each tribunal that issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file such orders pursuant to this subsection shall not affect the validity or enforceability of the modified order of the new tribunal having continuing exclusive jurisdiction.
(June 18 Sp. Sess. P.A. 97-1, S. 45, 75; P.A. 99-193, S. 9, 16; P.A. 07-247, S. 50.)
History: June 18 Sp. Sess. P.A. 97-1 effective January 1, 1998; P.A. 99-193 amended Subsec. (a) by adding reference to applicability of Subsec. (e) and making a technical change, amended Subsec. (b) by deleting provision re orders issued by two or more tribunals, added new Subsec. (e) re jurisdiction of the Family Support Magistrate Division where all parties reside in this state and the child does not reside in the issuing state, and redesignated existing Subsec. (e) as Subsec. (f), effective June 23, 1999; P.A. 07-247 amended Subsec. (a) by specifying that "Except as provided in subsection (b) of section 46b-213r, in any matter where the Family Support Magistrate Division does not have jurisdiction pursuant to subsection (f) of this section, upon petition a family support magistrate may modify" a child support order issued in another state, deleting provision that referenced "only if subsection (e) does not apply", changing "individual obligee" to "obligee who is an individual", adding "this state is the state of residence" re child or party who is an individual, changing "written consents" to "consents in a record", deleting provision re consent not being required if issuing state is a foreign jurisdiction that has not enacted laws or established procedures similar to Secs. 46b-212 to 46b-213v and making technical changes, amended Subsec. (c) by specifying that "Except as provided in subsection (b) of section 46b-213r" re authority of family support magistrate to modify certain orders, providing that prohibition on modifications extends to "the duration of the obligation of support", and making a technical change, added new Subsec. (d) re initial controlling order governing duration of support obligation, redesignated existing Subsecs. (d) to (f) as Subsecs. (e) to (g), amended redesignated Subsec. (e) by adding "by the Family Support Magistrate Division" and making a technical change, and amended redesignated Subsec. (g) by providing that "party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of the failure to file arises", changing "controlling order" to "modified order" and adding that failure to file order shall not affect validity or enforceability of the modified order "of the new tribunal having continuing exclusive jurisdiction", effective January 1, 2008.
In action to modify child support order originally decided by a Massachusetts court, Connecticut court had jurisdiction to modify the order pursuant to Subsec. (a) and later had continuing exclusive jurisdiction pursuant to Subsec. (d) of section. 83 CA 398.
