South Dakota Codified Laws
Chapter 09C - Uniform Interstate Family Support Act (2008)
Section 25-9C-205 - Continuing, exclusive jurisdiction to modify child support order.

25-9C-205. Continuing, exclusive jurisdiction to modify child support order.
(a) 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:
(1)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
(2)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.
(b) 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:
(1)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 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 a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(d) 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.
(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.

Source: SL 2015, ch 148, ยง205.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 25 - Domestic Relations

Chapter 09C - Uniform Interstate Family Support Act (2008)

Section 25-9C-101 - Short title.

Section 25-9C-102 - Definitions.

Section 25-9C-103 - State tribunals and support enforcement agency.

Section 25-9C-104 - Remedies cumulative.

Section 25-9C-105 - Application to resident of foreign country and foreign support proceeding.

Section 25-9C-201 - Bases for jurisdiction over nonresident.

Section 25-9C-202 - Duration of personal jurisdiction.

Section 25-9C-203 - Initiating and responding tribunal of state.

Section 25-9C-204 - Simultaneous proceedings.

Section 25-9C-205 - Continuing, exclusive jurisdiction to modify child support order.

Section 25-9C-206 - Continuing jurisdiction to enforce child support order.

Section 25-9C-207 - Determination of controlling child support order.

Section 25-9C-208 - Child support order for two or more obligees.

Section 25-9C-209 - Credit for payments.

Section 25-9C-210 - Application to nonresident subject to personal jurisdiction.

Section 25-9C-211 - Continuing, exclusive jurisdiction to modify spousal support order.

Section 25-9C-301 - Proceedings under this chapter.

Section 25-9C-302 - Proceeding by minor parent.

Section 25-9C-303 - Application of law of state.

Section 25-9C-304 - Duties of initiating tribunal.

Section 25-9C-305 - Duties and powers of responding tribunal.

Section 25-9C-306 - Inappropriate tribunal.

Section 25-9C-307 - Duties of support enforcement agency.

Section 25-9C-308 - Duty of attorney general.

Section 25-9C-309 - Private counsel.

Section 25-9C-310 - Duties of state information agency.

Section 25-9C-311 - Pleading and accompanying documents.

Section 25-9C-312 - Nondisclosure of information in exceptional circumstances.

Section 25-9C-313 - Costs and fees.

Section 25-9C-314 - Limited immunity of petitioner.

Section 25-9C-315 - Nonparentage as defense.

Section 25-9C-316 - Special rules of evidence and procedure.

Section 25-9C-317 - Communications between tribunals.

Section 25-9C-318 - Assistance with discovery.

Section 25-9C-319 - Receipt and disbursement of payments.

Section 25-9C-401 - Establishment of support order.

Section 25-9C-402 - Proceeding to determine parentage.

Section 25-9C-501 - Employer's receipt of income withholding order of another state.

Section 25-9C-502 - Employer's compliance with income withholding order of another state.

Section 25-9C-503 - Employer's compliance with two or more income withholding orders.

Section 25-9C-504 - Immunity from civil liability.

Section 25-9C-505 - Penalties for noncompliance.

Section 25-9C-506 - Contest by obligor.

Section 25-9C-507 - Administrative enforcement of orders.

Section 25-9C-601 - Registration of order for enforcement.

Section 25-9C-602 - Procedure to register order for enforcement.

Section 25-9C-603 - Effect of registration for enforcement.

Section 25-9C-604 - Choice of law.

Section 25-9C-605 - Notice of registration of order.

Section 25-9C-606 - Procedure to contest validity or enforcement of registered support order.

Section 25-9C-607 - Contest of registration or enforcement.

Section 25-9C-608 - Confirmed order.

Section 25-9C-609 - Procedure to register child support order of another state for modification.

Section 25-9C-610 - Effect of registration for modification.

Section 25-9C-611 - Modification of child support order of another state.

Section 25-9C-612 - Recognition of order modified in another state.

Section 25-9C-613 - Jurisdiction to modify child support order of another state when individual parties reside in this state.

Section 25-9C-614 - Notice to issuing tribunal of modification.

Section 25-9C-615 - Jurisdiction to modify child support order of foreign country.

Section 25-9C-616 - Procedure to register child support order of foreign country for modification.

Section 25-9C-701 - Definitions.

Section 25-9C-702 - Applicability.

Section 25-9C-703 - Relationship of department to United States central authority.

Section 25-9C-704 - Initiation by department of support proceeding under Convention.

Section 25-9C-705 - Direct request.

Section 25-9C-706 - Registration of Convention support order.

Section 25-9C-707 - Contest of registered Convention support order.

Section 25-9C-708 - Recognition and enforcement of registered Convention support order.

Section 25-9C-709 - Partial enforcement.

Section 25-9C-710 - Foreign support agreement.

Section 25-9C-711 - Modification of Convention child support order.

Section 25-9C-712 - Personal information--Limit on use.

Section 25-9C-713 - Record in original language--English translation.

Section 25-9C-801 - Grounds for rendition.

Section 25-9C-802 - Conditions for rendition.

Section 25-9C-901 - Uniformity of application and construction.

Section 25-9C-902 - Transitional provision.

Section 25-9C-903 - Severability.