New York State Law

Family Court Law

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Sub Part C - Part 6 - Article 5B - Family Court

REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE

Section Description
580-609 Procedure to register child support order of another state for modification.
580-610 Effect of registration for modification.
580-611 Modification of child support order of another state.
580-612 Recognition of order modified in another state.
580-613 Jurisdiction to modify child support order of another state when individual parties reside in this state.
580-614 Notice to issuing tribunal of modification.
  S 580-609. Procedure to register child support order of another state
  for modification. A party  or  support  enforcement  agency  seeking  to
  modify, or to modify and enforce a child support order issued in another
  state  shall  register  that  order  in  this  state  in the same manner
  provided in sections 580-601 through 580-608 of this part if  the  order
  has not been registered. A petition for modification may be filed at the
  same  time  as  a  request for registration, or later. The pleading must
  specify the grounds for modification.

  S 580-610. Effect of registration for modification. A tribunal of this
  state  may enforce a child support order of another state registered for
  purposes of modification, in the same manner as if the  order  had  been
  issued by a tribunal of this state, but the registered support order may
  be  modified  only  if the requirements of section 580-611 or 580-613 of
  this subpart have been met.

  S 580-611. Modification of child support order of another state. (a)
  If section 580-613 of this subpart  does  not  apply,  upon  petition  a
  tribunal  of  this  state  may  modify  a  child support order issued in
  another state which is registered in this state  if,  after  notice  and
  hearing, the tribunal finds that:
    (1) the following requirements are met:
    (i)  neither  the child, nor the obligee who is an individual, nor the
  obligor resides in the issuing state;
    (ii)  a  petitioner  who  is  a  nonresident  of  this   state   seeks
  modification; and
    (iii)  the  respondent  is subject to the personal jurisdiction of the
  tribunal of this state; or
    (2) this state is the residence of the child, or a  party  who  is  an
  individual  is  subject  to the personal jurisdiction of the tribunal of
  this state, and all of  the  parties  who  are  individuals  have  filed
  consents  in  a  record  in  the issuing tribunal for a tribunal of this
  state 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 a tribunal  of  this  state  and  the
  order may be enforced and satisfied in the same manner.
    (c)  A  tribunal  of  this  state 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  must  be  so  recognized  under
  section  580-207  of this article 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 the issuance of an order by a tribunal of this state modifying
  a child support order issued in another  state,  the  tribunal  of  this
  state becomes the tribunal having continuing, exclusive jurisdiction.
    (f)  Notwithstanding  subdivisions (a) through (e) of this section and
  subdivision (b) of section 580-201 of this article, a tribunal  of  this
  state  retains  jurisdiction  to modify an order issued by a tribunal of
  this state if:
    (1) one party resides in another state; and
    (2) the other party resides outside the United States.

  S 580-612. Recognition of order modified in another state. If a child
  support order issued by a tribunal  of  this  state  is  modified  by  a
  tribunal  of  another  state  which assumed jurisdiction pursuant to the
  Uniform Interstate Family Support Act, a tribunal of this state:
    (a) may enforce its order that was modified only  as  to  arrears  and
  interest accruing before the modification;
    (b)  may  provide appropriate relief for violations of its order which
  occurred before the effective date of the modification; and
    (c) shall recognize the modifying  order  of  the  other  state,  upon
  registration, for the purpose of enforcement.

  S 580-613. Jurisdiction to modify child support order of another state
  when  individual parties reside in this state. (a) If all of the parties
  who are individuals reside in this state and the child does  not  reside
  in  the  issuing  state,  a  tribunal  of this state has jurisdiction to
  enforce and to modify the issuing  state's  child  support  order  in  a
  proceeding to register that order.
    (b)  A  tribunal  of  this  state  exercising  jurisdiction under this
  section shall apply the provisions of parts one and two of this article,
  this part and the procedural and substantive law of this  state  to  the
  proceeding  for  enforcement  or  modification. Parts three, four, five,
  seven and eight of this article do not apply.

  S 580-614. Notice to issuing tribunal of modification. Within thirty
  days after issuance  of  a  modified  child  support  order,  the  party
  obtaining the modification shall file a certified copy of the order with
  the  issuing  tribunal  that had continuing, exclusive jurisdiction over
  the earlier order, and in each tribunal in which  the  party  knows  the
  earlier  order  has  been  registered. 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 does not affect the validity  or  enforceability  of  the  modified
  order of the new tribunal having continuing, exclusive jurisdiction.

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