2006 Code of Virginia § 20-88.39 - Continuing, exclusive jurisdiction to modify child support order

20-88.39. Continuing, exclusive jurisdiction to modify child support order.

A. A tribunal of the Commonwealth that has issued a child support orderconsistent with the law of the Commonwealth has and shall exercisecontinuing, exclusive jurisdiction to modify its child support order if theorder is the controlling order, and:

1. At the time of the filing of a request for modification, the Commonwealthis the residence of the obligor, the individual obligee, or the child forwhose benefit the support order is issued; or

2. Even if the Commonwealth is not the residence of the obligor, theindividual obligee, or the child for whose benefit the support order isissued, the parties consent in a record that the tribunal of the Commonwealthmay continue to exercise its jurisdiction to modify its order.

B. A tribunal of the Commonwealth that has issued a child support orderconsistent with the law of the Commonwealth may not exercise continuing,exclusive jurisdiction to modify the order if:

1. All of the parties who are individuals file consent in a record with thetribunal of the Commonwealth that a tribunal of another state that hasjurisdiction over at least one of the parties who is an individual or who islocated in the state of residence of the child may modify the order andassume continuing, exclusive jurisdiction; or

2. Its order is not the controlling order.

C. If a tribunal of another state has issued a child support order pursuantto this chapter or a law substantially similar to this chapter that modifiesa child support order of a tribunal of the Commonwealth, tribunals of theCommonwealth shall recognize the continuing, exclusive jurisdiction of thetribunal of the other state.

D. A tribunal of the Commonwealth that lacks continuing, exclusivejurisdiction to modify a child support order may serve as an initiatingtribunal to request a tribunal of another state to modify a support orderissued in that state.

E. A temporary support order issued ex parte or pending resolution of ajurisdictional conflict does not create continuing, exclusive jurisdiction inthe issuing tribunal.

F. The support enforcement agency of the Commonwealth is not authorized toestablish or enforce a support order for spousal support only.

(1994, c. 673; 1996, cc. 882, 925; 1997, cc. 797, 897; 2005, c. 754.)

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