23-9,611. Modification of child support order of another state. - Kansas Statutes

23-9,611

Chapter 23.--DOMESTIC RELATIONS Part 6.--ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION Article 9.--UNIFORM INTERSTATE FAMILY SUPPORT ACT

      23-9,611.   Modification of child support order of another state.(a) After a child support order issued in another state hasbeenregistered in this state, the responding tribunal of this state may modify thatorder only if K.S.A. 23-9,613 and amendments thereto does not applyandafter notice and hearing it finds that:

      (1)   The following requirements are met:

      (A)   The child, the individual obligee and the obligor do not reside in theissuing state;

      (B)   a petitioner who is a nonresident of this state seeks modification; and

      (C)   the respondent is subject to the personal jurisdiction of the tribunalof this state; or

      (2)   the child, or a party who is anindividual, is subject to the personal jurisdictionof the tribunal of this state and all of the parties whoare individuals have filed writtenconsents in the issuing tribunal for a tribunal ofthis state to modify thesupport order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacteda law or established procedures substantially similar to the procedures underthis act, the consent otherwise required of an individual residing in thisstate is not required for the tribunal of this state to assume jurisdiction tomodify thechild support order.

      (b)   Modification of a registered child support order is subject to the samerequirements, procedures and defenses that apply to the modification of anorder issued by a tribunal of this state and the order may be enforced andsatisfied in the same manner.

      (c)   A tribunal of this state may not modify any aspect of a child supportorder that may not be modified under the law of the issuing state. If two ormore tribunals have issued child support orders for the same obligor and child,the order that controls and must be so recognized under K.S.A. 23-9,207and amendments thereto establishes the aspects of the support order which arenonmodifiable.

      (d)   On issuance of an order modifying a child support order issued inanother state, a tribunal of this state becomes the tribunal of continuing,exclusive jurisdiction.

      History:   L. 1994, ch. 301, § 76;L. 1997, ch. 182, § 56; July 3.