Idaho Code
Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT
Section 7-1053 - MODIFICATION OF CHILD-SUPPORT ORDER OF ANOTHER STATE.

7-1053. MODIFICATION OF CHILD-SUPPORT ORDER OF ANOTHER STATE. (1) If section 7-1055, Idaho Code, 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 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 7-1011, Idaho Code, establishes the aspects of the support order which are nonmodifiable.
(4) 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.
(5) 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.
(6) Notwithstanding subsections (1) through (5) of this section and section 7-1005(1)(b), Idaho Code, 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.

History:
[(7-1053) 7-1050, 7-1045, added 1994, ch. 207, sec. 2, p. 654; am. and redesig. 1997, ch. 198, sec. 29, p. 570; am. and redesig. 2006, ch. 252, sec. 53, p. 787; am. 2015, 1st E.S., ch. 1, sec. 42, p. 24.]

Structure Idaho Code

Idaho Code

Title 7 - SPECIAL PROCEEDINGS

Chapter 10 - UNIFORM INTERSTATE FAMILY SUPPORT ACT

Section 7-1001 - SHORT TITLE.

Section 7-1002 - DEFINITIONS.

Section 7-1003 - STATE TRIBUNAL AND SUPPORT ENFORCEMENT AGENCY.

Section 7-1004 - REMEDIES CUMULATIVE.

Section 7-1004A - APPLICATION OF CHAPTER TO RESIDENT OF FOREIGN COUNTRY AND FOREIGN SUPPORT PROCEEDING.

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 7-1055 - JURISDICTION TO MODIFY SUPPORT ORDER OF ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS 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 7-1059 - DEFINITIONS.

Section 7-1060 - APPLICABILITY.

Section 7-1061 - RELATIONSHIP OF DEPARTMENT OF HEALTH AND WELFARE TO UNITED STATES CENTRAL AUTHORITY.

Section 7-1062 - INITIATION BY DEPARTMENT OF HEALTH AND WELFARE OF SUPPORT PROCEEDING UNDER CONVENTION.

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.

Section 7-1075 - TRANSITIONAL PROVISION.

Section 7-1076 - SEVERABILITY.