§ 52C-6-611. Modification of child support order of another state. - North Carolina Statutes

§ 52C‑6‑611. Modification of child support order of another state.

(a)        After a childsupport order issued in another state has been registered in this State, theresponding tribunal of this State may modify that order only if G.S. 52C‑6‑613does not apply and after notice and hearing it finds that:

(1)        The followingrequirements are met:

a.         The child, theindividual obligee, and the obligor do not reside in the issuing state;

b.         A petitioner who isa nonresident of this State seeks modification; and

c.         The respondent issubject to the personal jurisdiction of the tribunal of this State; or

(2)        The child, or aparty who is an individual, is subject to the personal jurisdiction of thetribunal of this State and all of the parties who are individuals have filed awritten consent in the issuing tribunal for a tribunal of this State to modifythe support order and assume continuing, exclusive jurisdiction over the order.However, if the issuing state is a foreign jurisdiction that has not enacted alaw 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 to assume jurisdiction to modify thechild support order.

(b)        Modification of a registeredchild support order is subject to the same requirements, procedures, anddefenses that apply to the modification of an order issued by a tribunal ofthis State, and the order may be enforced and satisfied in the same manner.

(c)        A tribunal of thisState may not modify any aspect of a child support order that may not bemodified under the law of the issuing state. If two or more tribunals haveissued child support orders for the same obligor and child, the order thatcontrols and must be so recognized under G.S. 52C‑2‑207 establishesthe aspects of the support order which are nonmodifiable.

(d)        On issuance of anorder modifying a child support order issued in another state, a tribunal ofthis State becomes the tribunal of continuing, exclusive jurisdiction.

(e)        Repealed by SessionLaws 1997‑443, s. 10.12. (1995, c. 538, s. 7(c); 1997‑433,s. 10.12; 1997‑456, s. 27; 1998‑17, s. 1.)