§576B-206 - Enforcement and modification of support order by tribunal having continuing jurisdiction. - Hawaii Statutes

     [§576B-206]  Enforcement and modification of support order by tribunal having continuing jurisdiction.  (a)  A tribunal of this State may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state.

     (b)  A tribunal of this State that has continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order.  If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply section 576B-316 to receive evidence from another state and section 576B-318 to obtain discovery through a tribunal of another state.

     (c)  A tribunal of this State which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state. [L 1997, c 295, pt of §1]

 

Case Notes

 

  Where New Mexico had continuing, exclusive jurisdiction over its spousal support order, New Mexico could act as a responding tribunal to enforce or modify its order; husband and wife were subject to the continuing, exclusive jurisdiction of New Mexico notwithstanding the fact that neither resided in New Mexico; because Hawaii lacked continuing, exclusive jurisdiction over New Mexico's spousal support order, Hawaii could not serve as a responding tribunal to modify New Mexico's spousal support order, but could enforce it.  111 H. 51 (App.), 137 P.3d 365.