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

precludes the nonregistering party from raising any issue that could have been asserted in a
hearing. Confirmation of a support order validates both the terms of the order and the asserted
arrearages.
Related to Convention: art. 22. Grounds for refusing recognition and enforcement; art.
26. Procedure on an application for recognition.
PA R T 3.
R E GIST R AT ION AND MODIFICATION OF CHILD-SUPPORT ORDER
OF ANOTHER STATE
Introductory Comment
Authority to modify a child-support order of another state depends on the interaction of
these sections with the continuing, exclusive jurisdiction of the issuing tribunal. See sections 205
through 206. This also might involve the determination of the controlling order in a situation
involving multiple child-support orders. These concepts are not present in the international
context. See sections 615, 616, and 711.
In direct contrast to the balance of this article, sections 609 through 614 apply only to
modification of an interstate child-support order. Most of the act applies to “a support order,”
which includes both child-support and spousal support. Both categories are generally subject to
interstate enforcement under UIFSA. But, as a practical matter, the actual process of that
enforcement is quite different. Child support is enforced almost exclusively by governmentally
sponsored Title IV-D agencies, which also may enforce spousal support if it is included in the
same order. In some states, local funds are appropriated for enforcement of spousal support as
well. Only occasionally will a private attorney be involved in a child-support case, but spousal
support not issued in conjunction with a child-support order generally requires representation pro
se or by private counsel. More importantly, a tribunal of a responding state may enforce spousal
support, but it does not have authority to modify a spousal-support order of another state or
foreign country unless the law of that jurisdiction does not assert continuing, exclusive
jurisdiction over its order. See Section 211.
SECTION 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 state shall
register that order in this State state in the same manner provided in Part 1 Sections 601 through
608 if the order has not been registered. A [petition] for modification may be filed at the same
139