40-5-194. Modification of child support order of another state. (1) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if subsection (5) does not apply, and after notice and hearing, it finds that:
     (a) the following requirements are met:
     (i) the child, the individual obligee, and the obligor do not reside 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
     (b) 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 written consents in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this part, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.
     (2) 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.
     (3) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the laws of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be recognized under 40-5-151 establishes the aspects of the support order that are nonmodifiable.
     (4) On issuance of an order modifying a child support order issued in another state, a tribunal of this state has continuing, exclusive jurisdiction.
     (5) (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 modify the issuing state's child support order in a proceeding to register that order.
     (b) A tribunal of this state exercising jurisdiction under subsection (5)(a) shall apply the provisions of 40-5-103, 40-5-143 through 40-5-152, 40-5-181, and 40-5-184 through 40-5-195 to the enforcement or modification proceeding. The remaining sections of this part do not apply.
     (6) Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order:
     (a) with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order; and
     (b) in each tribunal in which the party knows that the earlier order has been registered.
     (7) 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 of continuing, exclusive jurisdiction.

     History: En. Sec. 46, Ch. 328, L. 1993; amd. Sec. 37, Ch. 552, L. 1997.