Sec. 5. (a) An Indiana tribunal that has issued a child support order consistent with Indiana law has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:
(1) at the time of the filing of a request for modification Indiana is the residence of:
(A) the obligor;
(B) the individual obligee; or
(C) the child for whose benefit the support order is issued; or
(2) even if Indiana is not the residence of:
(A) the obligor;
(B) the individual obligee; or
(C) the child for whose benefit the support order is issued;
the parties consent in a record or in open court that an Indiana tribunal may continue to exercise jurisdiction to modify its order.
(b) An Indiana tribunal that has issued a child support order consistent with Indiana law may not exercise continuing, exclusive jurisdiction to modify the order if:
(1) all of the parties who are individuals file consent in a record with the Indiana tribunal 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
(2) its order is not the controlling order.
(c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act which modifies a child support order of an Indiana tribunal, Indiana tribunals shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(d) An Indiana tribunal 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.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
As added by P.L.206-2015, SEC.53.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 18.5. Family Law: Uniform Interstate Family Support Act
31-18.5-2-1. Personal Jurisdiction Over Nonresident
31-18.5-2-2. Duration of Personal Jurisdiction
31-18.5-2-3. Initiating and Responding Tribunal
31-18.5-2-4. Simultaneous Proceedings
31-18.5-2-5. Continuing, Exclusive Jurisdiction to Modify Child Support Order
31-18.5-2-6. Continuing Jurisdiction to Enforce Child Support Order
31-18.5-2-7. Determination of Controlling Child Support Order
31-18.5-2-8. Child Support Orders for Two or More Obligees
31-18.5-2-9. Credit for Payments
31-18.5-2-10. Application to Nonresident Subject to Personal Jurisdiction
31-18.5-2-11. Continuing, Exclusive Jurisdiction to Modify Spousal Support Order