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407.5205 Continuing, exclusive jurisdiction to modify child support order.
(1)
(2)
(3)
(4)
(5)
A tribunal of this state that has issued a child support order consistent with the law
of this state has and shall exercise continuing, exclusive jurisdiction to modify its
child support order if the order is the controlling order and:
(a) At the time of the filing of a request for modification this state is the residence
of the obligor, the individual obligee, or the child for whose benefit the
support order is issued; or
(b) Even if this state is not the residence of the obligor, the individual obligee, or
the child for whose benefit the support order is issued, the parties consent in a
record or in open court that the tribunal of this state may continue to exercise
jurisdiction to modify its order.
A tribunal of this state that has issued a child support order consistent with the law
of this state may not exercise continuing, exclusive jurisdiction to modify the order
if:
(a) All of the parties who are individuals file consent in a record with the tribunal
of this state that a tribunal of another state that has jurisdiction over at least
one (1) of the parties who is an individual or that is located in the state of
residence of the child may modify the order and assume continuing, exclusive
jurisdiction; or
(b) Its order is not the controlling order.
If a tribunal of another state has issued a child support order pursuant to KRS
407.5101 to 407.5902 or a law substantially similar to KRS 407.5101 to 407.5902
which modifies a child support order of a tribunal of this state, tribunals of this state
shall recognize the continuing, exclusive jurisdiction of the tribunal of the other
state.
A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child
support order may serve as an initiating tribunal to request a tribunal of another
state to modify a support order issued in that state.
A temporary support order issued ex parte or pending resolution of a jurisdictional
conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
Effective: June 24, 2015
History: Repealed and reenacted 2015 Ky. Acts ch. 18, sec. 8, effective June 24, 2015.
-- Amended 1998 Ky. Acts ch. 101, sec. 2, 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effective date repealed 1998 Ky.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. 20, effective upon contingency.
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