§576B-206 - Enforcement and modification of support order by tribunal having continuing jurisdiction.
[§576B-206] Enforcement and modification of
support order by tribunal having continuing jurisdiction. (a) A tribunal
of this State may serve as an initiating tribunal to request a tribunal of
another state to enforce or modify a support order issued in that state.
(b) A tribunal of this State that has
continuing, exclusive jurisdiction over a support order may act as a responding
tribunal to enforce or modify the order. If a party subject to the continuing,
exclusive jurisdiction of the tribunal no longer resides in the issuing state,
in subsequent proceedings the tribunal may apply section 576B-316 to receive
evidence from another state and section 576B-318 to obtain discovery through a
tribunal of another state.
(c) A tribunal of this State which lacks
continuing, exclusive jurisdiction over a spousal support order may not serve
as a responding tribunal to modify a spousal support order of another state. [L
1997, c 295, pt of §1]
Case Notes
Where New Mexico had continuing, exclusive jurisdiction over
its spousal support order, New Mexico could act as a responding tribunal to
enforce or modify its order; husband and wife were subject to the continuing,
exclusive jurisdiction of New Mexico notwithstanding the fact that neither
resided in New Mexico; because Hawaii lacked continuing, exclusive jurisdiction
over New Mexico's spousal support order, Hawaii could not serve as a responding
tribunal to modify New Mexico's spousal support order, but could enforce it.
111 H. 51 (App.), 137 P.3d 365.