(a) If section 46b-388 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: (A) Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state; (B) a petitioner who is a nonresident of this state seeks modification; and (C) 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 46b-317 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 subsections (a) to (e), inclusive, of this section and subsection (b) of section 46b-311, 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.
(P.A. 15-71, S. 55; P.A. 16-193, S. 25.)
History: P.A. 15-71 effective July 1, 2015; P.A. 16-193 made technical changes in Subsec. (a).
Structure Connecticut General Statutes
Chapter 817 - Uniform Interstate Family Support Act
Section 46b-301. - Short title.
Section 46b-302. - Definitions.
Section 46b-303. - State tribunal and support enforcement agency.
Section 46b-304. - Remedies cumulative.
Section 46b-305. - Application of act to resident of foreign country and foreign support proceeding.
Section 46b-311. - Bases for jurisdiction over nonresident.
Section 46b-312. - Duration of personal jurisdiction.
Section 46b-313. - Initiating and responding tribunal of state.
Section 46b-314. - Simultaneous proceedings.
Section 46b-315. - Continuing, exclusive jurisdiction to modify child support order.
Section 46b-316. - Continuing jurisdiction to enforce child support order.
Section 46b-317. - Determination of controlling child support order.
Section 46b-318. - Child support orders for two or more obligees.
Section 46b-319. - Credit for payments.
Section 46b-320. - Application of act to nonresident subject to personal jurisdiction.
Section 46b-321. - Continuing, exclusive jurisdiction to modify spousal support order.
Section 46b-327. - Proceedings under act.
Section 46b-328. - Proceeding by minor parent.
Section 46b-329. - Application of law of state.
Section 46b-330. - Duties of initiating tribunal.
Section 46b-331. - Duties and powers of responding tribunal.
Section 46b-332. - Inappropriate tribunal.
Section 46b-333. - Duties of support enforcement agency.
Section 46b-334. - Duty of commissioner and Chief Court Administrator.
Section 46b-335. - Private counsel.
Section 46b-336. - Duties of state information agency.
Section 46b-337. - Pleadings and accompanying documents.
Section 46b-338. - Nondisclosure of information in exceptional circumstances.
Section 46b-339. - Costs and fees.
Section 46b-340. - Limited immunity of petitioner.
Section 46b-341. - Nonparentage as defense.
Section 46b-342. - Special rules of evidence and procedure.
Section 46b-343. - Communications between tribunals.
Section 46b-344. - Assistance with discovery.
Section 46b-345. - Receipt and disbursement of payments.
Section 46b-351. - Establishment of support order.
Section 46b-352. - Proceeding to determine parentage.
Section 46b-358. - Employer's receipt of income-withholding order of another state.
Section 46b-359. - Employer's compliance with income-withholding order of another state.
Section 46b-360. - Employer's compliance with two or more income-withholding orders.
Section 46b-361. - Immunity from civil liability.
Section 46b-362. - Penalties for noncompliance.
Section 46b-363. - Contest by obligor.
Section 46b-364. - Administrative enforcement of orders.
Section 46b-370. - Registration of order for enforcement.
Section 46b-371. - Procedure to register order for enforcement.
Section 46b-372. - Effect of registration for enforcement.
Section 46b-373. - Choice of law.
Section 46b-377. - Notice of registration of order.
Section 46b-378. - Procedure to contest validity or enforcement of registered support order.
Section 46b-379. - Contest of registration or enforcement.
Section 46b-380. - Confirmed order.
Section 46b-384. - Procedure to register child support order of another state for modification.
Section 46b-385. - Effect of registration for modification.
Section 46b-386. - Modification of child support order of another state.
Section 46b-387. - Recognition of order modified in another state.
Section 46b-389. - Notice to issuing tribunal of modification.
Section 46b-393. - Jurisdiction to modify child support order of foreign country.
Section 46b-394. - Procedure to register child support order of foreign country for modification.
Section 46b-398. - Definitions.
Section 46b-399. - Applicability.
Section 46b-400. - Relationship of IV-D agency to United States central authority.
Section 46b-401. - Initiation by IV-D agency of support proceeding under Convention.
Section 46b-402. - Direct request.
Section 46b-403. - Registration of Convention support order.
Section 46b-404. - Contest of registered Convention support order.
Section 46b-405. - Recognition and enforcement of registered Convention support order.
Section 46b-406. - Partial enforcement.
Section 46b-407. - Foreign support agreement.
Section 46b-408. - Modification of Convention child support order.
Section 46b-409. - Personal information; limit on use.
Section 46b-410. - Record in original language; English translation.
Section 46b-416. - Grounds for rendition.
Section 46b-417. - Conditions of rendition.
Section 46b-423. - Uniformity of application and construction.