(1) If Section 81-8-613 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:
(a) 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
- (b) 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.
- (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) 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.
- (b) If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and shall be so recognized under Section 81-8-207 establishes the aspects of the support order that are nonmodifiable.
(4)
- (a) 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.
- (b) 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.
- (5) On 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 of continuing, exclusive jurisdiction.
(6) Notwithstanding Subsections (1) through (5) and Subsection 81-8-201(2), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
- (a) one party resides in another state; and
- (b) the other party resides outside the United States.
Renumbered and Amended by Chapter 426, 2025 General Session