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FLORIDA STATUTES AND CODES

88.2051 Continuing exclusive jurisdiction.

88.2051 Continuing exclusive jurisdiction.

   (1) A tribunal of this state issuing a support order consistent with the law of this state has continuing exclusive jurisdiction over a child support order:

   (a) As long as this state remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

   (b) Until all of the parties who are individuals have filed written consents with the tribunal of this state for a tribunal of another state to modify the order and assume continuing exclusive jurisdiction.

   (2) A tribunal of this state issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to this act or a law substantially similar to this act.

   (3) If a child support order of this state is modified by a tribunal of another state pursuant to this act or a law substantially similar to this act, a tribunal of this state loses its continuing exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only:

   (a) Enforce the order that was modified as to amounts accruing before the modification;

   (b) Enforce nonmodifiable aspects of that order; and

   (c) Provide other appropriate relief for violations of that order which occurred before the effective date of the modification.

   (4) A tribunal of this state shall recognize the continuing exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this act or a law substantially similar to this act.

   (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.

   (6) A tribunal of this state issuing a support order consistent with the law of this state has continuing exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing exclusive jurisdiction over that order under the law of that state.

History. s. 2, ch. 96-189; s. 16, ch. 97-170.

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