2008 Amendments to the Uniform Interstate Family Support Act ...

pursuant to this section is the controlling order.
Comment
Subsection (a) provides that a state tribunal may modify a foreign child-support order,
other than a Convention order, when the foreign issuing tribunal lacks or refuses to exercise
jurisdiction to modify its order. The standard example cited for the necessity of this special rule
involved the conundrum posed when an obligor has moved to the responding state from the
issuing country and the law of that country requires both parties to be physically present at a
hearing before the tribunal in order to sustain a modification of child support. In that
circumstance, the foreign issuing tribunal lacks jurisdiction to modify under its law. Ordinarily,
under Section 611 the responding state tribunal is not authorized to issue a new order, in effect
modifying the foreign support order, because the child or the obligee continues to reside in the
issuing country. To remedy the perceived inequity in such a fact situation, this section provides
an exception to the rule of Section 611. If both parties are subject to the personal jurisdiction of a
state by the obligee’s submission and the obligor’s residence, or other grounds under Section
201, the responding state tribunal may modify the foreign child-support order. Modification of a
Convention order is governed by Section 711.
The ability of a state tribunal to modify when the foreign country refuses to exercise its
jurisdiction should be invoked with circumspection, as there may be a cogent reason for such
refusal. Note, Section 317 empowers tribunals to communicate regarding this issue, rather than
rely upon representations of one or more of the parties.
Subsection (b) states that if a new order is issued under subsection (a), it becomes the
UIFSA controlling order insofar as other states are concerned. Obviously this act cannot dictate
the same result to the issuing foreign tribunal, although it seems highly likely that either through
child-based jurisdiction or an action filed by the obligee will yield recognition by the foreign
tribunal.
Related to Convention: art. 18. Limit on proceedings.
SECTION 616. PROCEDURE TO REGISTER CHILD-SUPPORT ORDER OF
FOREIGN COUNTRY FOR MODIFICATION. A party or support enforcement agency
seeking to modify, or to modify and enforce, a foreign child-support order not under the
Convention may register that order in this state under Sections 601 through 608 if the order has
not been registered. A [petition] for modification may be filed at the same time as a request for
registration, or at another time. The [petition] must specify the grounds for modification.
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