407.5611 Modification of child support order of another state.
(1)
(2)
(3)
(4)
After a child support order issued in another state has been registered in this state,
the responding tribunal of this state may modify that order only if KRS 407.5613
does not apply and if after notice and hearing it finds that:
(a) The following requirements are met:
1.
The child, the individual obligee, and the obligor do not reside in the
issuing state;
2.
A petitioner who is a nonresident of this state seeks modification; and
3.
The respondent is subject to the personal jurisdiction of the tribunal of
this state; or
(b) The child, or a party who is an individual, is subject to the personal
jurisdiction of the tribunal of this state and all of the parties who are
individuals have filed written consent with the issuing tribunal for a tribunal
of this state to modify the support order and assume continuing, exclusive
jurisdiction over the order. However, if the issuing state is a foreign
jurisdiction that has not enacted a law or established procedures substantially
similar to the procedures under this chapter, the consent otherwise required of
an individual residing in this state is not required for the tribunal to assume
jurisdiction to modify the child support order.
Modification of a registered child support order is subject to the same requirements,
procedures, and defenses that apply to the modification of an order issued by a
tribunal of this state and the order may be enforced and satisfied in the same
manner.
A tribunal of this state may not modify any aspect of a child support order that may
not be modified under the law of the issuing state. If two (2) or more tribunals have
issued child support orders for the same obligor and child, the order that controls
and shall be recognized under KRS 407.5207 establishes the nonmodifiable aspects
of the support orders.
On issuance of an order modifying a child support order issued in another state, a
tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.
Effective: March 23, 1998
History: Amended 1998 Ky. Acts ch. 101, sec. 17, effective March 23, 1998.-Contingent effective date repealed 1998 Ky. Acts ch. 101, sec. 20, effective March
23, 1998. -- Created 1996 Ky. Acts ch. 365, sec. 56, effective upon contingency.
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