7-1009. CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY CHILD SUPPORT ORDER. (1) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:
(a) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(b) Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(2) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:
(a) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one (1) of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(b) Its order is not the controlling order.
(3) If a tribunal of another state has issued a child support order pursuant to this chapter or a law substantially similar to this chapter that modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(5) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
History:
[(7-1009) 7-1008, added 1994, ch. 207, sec. 2, p. 643; am. 1997, ch. 198, sec. 4, p. 559; am. and redesig. 2006, ch. 252, sec. 9, p. 768.]
Structure Idaho Code
Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT
Section 7-1003 - STATE TRIBUNAL AND SUPPORT ENFORCEMENT AGENCY.
Section 7-1004 - REMEDIES CUMULATIVE.
Section 7-1005 - BASES FOR JURISDICTION OVER NONRESIDENT.
Section 7-1006 - DURATION OF PERSONAL JURISDICTION.
Section 7-1007 - INITIATING AND RESPONDING TRIBUNAL OF STATE.
Section 7-1008 - SIMULTANEOUS PROCEEDINGS.
Section 7-1009 - CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY CHILD SUPPORT ORDER.
Section 7-1010 - CONTINUING JURISDICTION TO ENFORCE CHILD-SUPPORT ORDER.
Section 7-1011 - DETERMINATION OF CONTROLLING CHILD-SUPPORT ORDER.
Section 7-1012 - CHILD-SUPPORT ORDERS FOR TWO OR MORE OBLIGEES.
Section 7-1013 - CREDIT FOR PAYMENTS.
Section 7-1014 - APPLICATION OF CHAPTER TO NONRESIDENT SUBJECT TO PERSONAL JURISDICTION.
Section 7-1015 - CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY SPOUSAL SUPPORT ORDER.
Section 7-1016 - PROCEEDINGS UNDER THIS CHAPTER.
Section 7-1017 - PROCEEDING BY MINOR PARENT.
Section 7-1018 - APPLICATION OF LAW OF THIS STATE.
Section 7-1019 - DUTIES OF INITIATING TRIBUNAL.
Section 7-1020 - DUTIES AND POWERS OF RESPONDING TRIBUNAL.
Section 7-1021 - INAPPROPRIATE TRIBUNAL.
Section 7-1022 - DUTIES OF SUPPORT ENFORCEMENT AGENCY.
Section 7-1023 - DUTY OF ATTORNEY GENERAL.
Section 7-1024 - PRIVATE COUNSEL.
Section 7-1025 - DUTIES OF STATE INFORMATION AGENCY.
Section 7-1026 - PLEADINGS AND ACCOMPANYING DOCUMENTS.
Section 7-1027 - NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES.
Section 7-1028 - COSTS AND FEES.
Section 7-1029 - LIMITED IMMUNITY OF PETITIONER.
Section 7-1030 - NONPARENTAGE AS DEFENSE.
Section 7-1031 - SPECIAL RULES OF EVIDENCE AND PROCEDURE.
Section 7-1032 - COMMUNICATIONS BETWEEN TRIBUNALS.
Section 7-1033 - ASSISTANCE WITH DISCOVERY.
Section 7-1034 - RECEIPT AND DISBURSEMENT OF PAYMENTS.
Section 7-1035 - ESTABLISHMENT OF SUPPORT ORDER.
Section 7-1035A - PROCEEDING TO DETERMINE PARENTAGE.
Section 7-1036 - EMPLOYER’S RECEIPT OF INCOME-WITHHOLDING ORDER OF ANOTHER STATE.
Section 7-1037 - EMPLOYER’S COMPLIANCE WITH INCOME-WITHHOLDING ORDER OF ANOTHER STATE.
Section 7-1038 - EMPLOYER’S COMPLIANCE WITH TWO OR MORE INCOME-WITHHOLDING ORDERS.
Section 7-1039 - IMMUNITY FROM CIVIL LIABILITY.
Section 7-1040 - PENALTIES FOR NONCOMPLIANCE.
Section 7-1041 - CONTEST BY OBLIGOR.
Section 7-1042 - ADMINISTRATIVE ENFORCEMENT OF ORDERS.
Section 7-1043 - REGISTRATION OF ORDER FOR ENFORCEMENT.
Section 7-1044 - PROCEDURE TO REGISTER ORDER FOR ENFORCEMENT.
Section 7-1045 - EFFECT OF REGISTRATION FOR ENFORCEMENT.
Section 7-1046 - CHOICE OF LAW.
Section 7-1047 - NOTICE OF REGISTRATION OF ORDER.
Section 7-1048 - PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF REGISTERED SUPPORT ORDER.
Section 7-1049 - CONTEST OF REGISTRATION OR ENFORCEMENT.
Section 7-1050 - CONFIRMED ORDER.
Section 7-1051 - PROCEDURE TO REGISTER CHILD-SUPPORT ORDER OF ANOTHER STATE FOR MODIFICATION.
Section 7-1052 - EFFECT OF REGISTRATION FOR MODIFICATION.
Section 7-1053 - MODIFICATION OF CHILD-SUPPORT ORDER OF ANOTHER STATE.
Section 7-1054 - RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.
Section 7-1056 - NOTICE TO ISSUING TRIBUNAL OF MODIFICATION.
Section 7-1057 - JURISDICTION TO MODIFY CHILD-SUPPORT ORDER OF FOREIGN COUNTRY.
Section 7-1058 - PROCEDURE TO REGISTER CHILD-SUPPORT ORDER OF FOREIGN COUNTRY FOR MODIFICATION.
Section 7-1060 - APPLICABILITY.
Section 7-1063 - DIRECT REQUEST.
Section 7-1064 - REGISTRATION OF CONVENTION SUPPORT ORDER.
Section 7-1065 - CONTEST OF REGISTERED CONVENTION SUPPORT ORDER.
Section 7-1066 - RECOGNITION AND ENFORCEMENT OF REGISTERED CONVENTION SUPPORT ORDER.
Section 7-1067 - PARTIAL ENFORCEMENT.
Section 7-1068 - FOREIGN SUPPORT AGREEMENT.
Section 7-1069 - MODIFICATION OF CONVENTION CHILD-SUPPORT ORDER.
Section 7-1070 - PERSONAL INFORMATION — LIMIT ON USE.
Section 7-1071 - RECORD IN ORIGINAL LANGUAGE — ENGLISH TRANSLATION.
Section 7-1072 - GROUNDS FOR RENDITION.
Section 7-1073 - CONDITIONS OF RENDITION.
Section 7-1074 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.