2015 Delaware Code
Title 13 - Domestic Relations
CHAPTER 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT
Subchapter VI Registration, Enforcement, and Modification of Support Order
§ 6-607 Contest of registration or enforcement.

(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(1) The issuing tribunal lacked personal jurisdiction over the contesting party;

(2) The order was obtained by fraud;

(3) The order has been vacated, suspended, or modified by a later order;

(4) The issuing tribunal has stayed the order pending appeal;

(5) There is a defense under the law of this State to the remedy sought;

(6) Full or partial payment has been made;

(7) The statute of limitation under § 6-604 of this title precludes enforcement of some or all of the alleged arrearages; or

(8) The alleged controlling order is not the controlling order.

(b) If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this State.

(c) If the contesting party does not establish a defense under subsection (a) of this section to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.

69 Del. Laws, c. 238, § 1; 75 Del. Laws, c. 64, § 1; 80 Del. Laws, c. 60, § 6.;

§ 6-608 Confirmed order.

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

69 Del. Laws, c. 238, § 1; 75 Del. Laws, c. 64, § 1; 80 Del. Laws, c. 60, § 6.;

§ 6-609 Procedure to register child-support order of another state for modification.

A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this State in the same manner provided in §§ 6-601 through 6-608 of this title if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.

69 Del. Laws, c. 238, § 1; 71 Del. Laws, c. 216, §§ 151, 152; 75 Del. Laws, c. 64, § 1; 80 Del. Laws, c. 60, § 6.;

§ 6-610 Effect of registration for modification.

A tribunal of this State may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this State, but the registered support order may be modified only if the requirements of § 6-611 or § 6-613 of this title have been met.

69 Del. Laws, c. 238, § 1; 71 Del. Laws, c. 216, § 153; 75 Del. Laws, c. 64, § 1; 80 Del. Laws, c. 60, § 6.;

§ 6-611 Modification of child-support order of another state.

(a) If § 6-613 of this title does not apply, upon petition a tribunal of this State may modify a child-support order issued in another state which is registered in this State if, after notice and hearing, the tribunal finds that:

(1) The following requirements are met:

a. Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing 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 tribunal of this State; or

(2) This State is the residence of 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 consents in a record in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction.

(b) 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.

(c) 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, including the duration of the obligation of support. If 2 or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and must be so recognized under § 6-207 of this title establishes the aspects of the support order which are nonmodifiable.

(d) In a proceeding to modify a child-support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this State.

(e) On the issuance of an order by a tribunal of this State modifying a child-support order issued in another state, the tribunal of this State becomes the tribunal having continuing, exclusive jurisdiction.

(f) Notwithstanding subsections (a) through (e) of this section and § 6-201(b) of this title, a tribunal of this State retains jurisdiction to modify an order issued by a tribunal of this State if:

(1) One party resides in another state; and

(2) The other party resides outside the United States.

69 Del. Laws, c. 238, § 1; 71 Del. Laws, c. 216, § 154; 75 Del. Laws, c. 64, § 1; 80 Del. Laws, c. 60, § 6.;

§ 6-612 Recognition of order modified in another state.

If a child-support order issued by a tribunal of this State is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this State:

(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;

(2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and

(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

69 Del. Laws, c. 238, § 1; 71 Del. Laws, c. 216, § 155; 75 Del. Laws, c. 64, § 1.;

§ 6-613 Jurisdiction to modify child-support order of another state when individual parties reside in this State.

(a) If all of the parties who are individuals reside in this State and the child does not reside in the issuing state, a tribunal of this State has jurisdiction to enforce and to modify the issuing state's child-support order in a proceeding to register that order.

(b) A tribunal of this State exercising jurisdiction under this Section shall apply the provisions of subchapters I and II of this chapter, this subchapter, and the procedural and substantive law of this State to the proceeding for enforcement or modification. Subchapters III, IV, V, VII and VIII of this chapter do not apply.

71 Del. Laws, c. 216, § 156; 75 Del. Laws, c. 64, § 1.;

§ 6-614 Notice to issuing tribunal of modification.

Within 30 days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.

71 Del. Laws, c. 216, § 156; 75 Del. Laws, c. 64, § 1; 80 Del. Laws, c. 60, § 6.;

§ 6-615 Jurisdiction to modify child-support order of foreign country.

(a) Except as otherwise provided in § 6-711 of this title, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this State may assume jurisdiction to modify the child-support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child-support order otherwise required of the individual pursuant to § 6-611 of this title has been given or whether the individual seeking modification is a resident of this State or of the foreign country.

(b) An order issued by a tribunal of this State modifying a foreign child-support order pursuant to this section is the controlling order.

75 Del. Laws, c. 64, § 1; 80 Del. Laws, c. 60, § 6.;

§ 6-616 Procedure to register child-support order of foreign country for modification.

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the Convention may register that order in this State under §§ 6-601 through 6-608 of this title if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.

80 Del. Laws, c. 60, § 6.;