2006 Code of Virginia § 20-88.76 - Modification of child support order of another state

20-88.76. Modification of child support order of another state.

A. If 20-88.77:1 does not apply, except as otherwise provided in 20-88.77:3, upon petition a tribunal of the Commonwealth may modify a childsupport order, issued in another state, that is registered in theCommonwealth 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 obligorresides in the issuing state;

b. A petitioner who is a nonresident of the Commonwealth seeks modification;and

c. The respondent is subject to the personal jurisdiction of the tribunal ofthe Commonwealth; or

2. The Commonwealth is the state of residence of the child or a party who isan individual is subject to the personal jurisdiction of the tribunal of theCommonwealth and all of the individual parties who are individuals have filedconsents in a record in the issuing tribunal for a tribunal of theCommonwealth to modify the support order and assume continuing, exclusivejurisdiction.

B. Modification of a registered child support order is subject to the samerequirements, procedures, and defenses that apply to the modification of anorder issued by a tribunal of the Commonwealth and the order may be enforcedand satisfied in the same manner.

C. Except as otherwise provided in 20-88.77:3, a tribunal of theCommonwealth may not modify any aspect of a child support order that may notbe modified under the law of the issuing state, including the duration of theobligation of support. If two or more tribunals have issued child supportorders for the same obligor and same child, the order that controls and shallbe so recognized under 20-88.41 establishes the aspects of the supportorder which are nonmodifiable.

D. In a proceeding to modify a child support order, the law of the state thatis determined to have issued the initial controlling order governs theduration of the obligation of support. The obligor's fulfillment of the dutyof support established by that order precludes imposition of a furtherobligation of support by a tribunal of the Commonwealth.

E. On issuance of an order by a tribunal of the Commonwealth modifying achild support order issued in another state, the tribunal of the Commonwealthbecomes the tribunal having continuing, exclusive jurisdiction.

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

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