78B-14-205 - Continuing, exclusive jurisdiction. - Utah Statutes

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Statutes > Utah > Title-78b > Chapter-14 > 78b-14-205

78B-14-205. Continuing, exclusive jurisdiction.
(1) A tribunal of this state that has issued a child-support order consistent with the law ofthis state has and shall exercise continuing, exclusive jurisdiction to modify its child-supportorder if the order is the controlling order, and:
(a) at the time of the filing of a request for modification, this state is the residence of theobligor, the individual obligee, or the child for whose benefit the support order is issued; or
(b) even if this state is not the residence of the obligor, the individual obligee, or thechild for whose benefit the support order is issued, the parties consent in a record or in opencourt that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(2) A tribunal of this state that has issued a child-support order consistent with the law ofthis state may not exercise continuing, exclusive jurisdiction to modify the order if:
(a) all of the parties who are individuals file consent in a record with the tribunal of thisstate that a tribunal of another state that has jurisdiction over at least one of the parties who is anindividual or that is located in the state of residence of the child may modify the order andassume continuing, exclusive jurisdiction; or
(b) its order is not the controlling order.
(3) If a tribunal of another state has issued a child-support order pursuant to this chapteror a law substantially similar to this chapter which modifies a child-support order of a tribunal ofthis state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of thetribunal of the other state.
(4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify achild-support order may serve as an initiating tribunal to request a tribunal or another state tomodify a support order issued in that state.
(5) A temporary support order issued ex parte or pending resolution of a jurisdictionalconflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-14 > 78b-14-205

78B-14-205. Continuing, exclusive jurisdiction.
(1) A tribunal of this state that has issued a child-support order consistent with the law ofthis state has and shall exercise continuing, exclusive jurisdiction to modify its child-supportorder if the order is the controlling order, and:
(a) at the time of the filing of a request for modification, this state is the residence of theobligor, the individual obligee, or the child for whose benefit the support order is issued; or
(b) even if this state is not the residence of the obligor, the individual obligee, or thechild for whose benefit the support order is issued, the parties consent in a record or in opencourt that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(2) A tribunal of this state that has issued a child-support order consistent with the law ofthis state may not exercise continuing, exclusive jurisdiction to modify the order if:
(a) all of the parties who are individuals file consent in a record with the tribunal of thisstate that a tribunal of another state that has jurisdiction over at least one of the parties who is anindividual or that is located in the state of residence of the child may modify the order andassume continuing, exclusive jurisdiction; or
(b) its order is not the controlling order.
(3) If a tribunal of another state has issued a child-support order pursuant to this chapteror a law substantially similar to this chapter which modifies a child-support order of a tribunal ofthis state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of thetribunal of the other state.
(4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify achild-support order may serve as an initiating tribunal to request a tribunal or another state tomodify a support order issued in that state.
(5) A temporary support order issued ex parte or pending resolution of a jurisdictionalconflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

Renumbered and Amended by Chapter 3, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-14 > 78b-14-205

78B-14-205. Continuing, exclusive jurisdiction.
(1) A tribunal of this state that has issued a child-support order consistent with the law ofthis state has and shall exercise continuing, exclusive jurisdiction to modify its child-supportorder if the order is the controlling order, and:
(a) at the time of the filing of a request for modification, this state is the residence of theobligor, the individual obligee, or the child for whose benefit the support order is issued; or
(b) even if this state is not the residence of the obligor, the individual obligee, or thechild for whose benefit the support order is issued, the parties consent in a record or in opencourt that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(2) A tribunal of this state that has issued a child-support order consistent with the law ofthis state may not exercise continuing, exclusive jurisdiction to modify the order if:
(a) all of the parties who are individuals file consent in a record with the tribunal of thisstate that a tribunal of another state that has jurisdiction over at least one of the parties who is anindividual or that is located in the state of residence of the child may modify the order andassume continuing, exclusive jurisdiction; or
(b) its order is not the controlling order.
(3) If a tribunal of another state has issued a child-support order pursuant to this chapteror a law substantially similar to this chapter which modifies a child-support order of a tribunal ofthis state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of thetribunal of the other state.
(4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify achild-support order may serve as an initiating tribunal to request a tribunal or another state tomodify a support order issued in that state.
(5) A temporary support order issued ex parte or pending resolution of a jurisdictionalconflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

Renumbered and Amended by Chapter 3, 2008 General Session