Family Court Law
New York State Consolidated Laws
A comprehensive on-line digest of NY's FCA code
Sub Part C - Part 6 - Article 5B - Family Court
REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE
||Procedure to register child support order of another state for modification.
||Effect of registration for modification.
||Modification of child support order of another state.
||Recognition of order modified in another state.
||Jurisdiction to modify child support order of another state when individual parties reside in this state.
||Notice to issuing tribunal of modification.
S 580-609. 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 sections 580-601 through 580-608 of this part 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.
S 580-610. 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 section 580-611 or 580-613 of
this subpart have been met.
S 580-611. Modification of child support order of another state. (a)
If section 580-613 of this subpart 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:
(i) neither the child, nor the obligee who is an individual, nor the
obligor resides in the issuing state;
(ii) a petitioner who is a nonresident of this state seeks
(iii) 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
(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 two 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
section 580-207 of this article 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
(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 subdivisions (a) through (e) of this section and
subdivision (b) of section 580-201 of this article, 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.
S 580-612. 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:
(a) may enforce its order that was modified only as to arrears and
interest accruing before the modification;
(b) may provide appropriate relief for violations of its order which
occurred before the effective date of the modification; and
(c) shall recognize the modifying order of the other state, upon
registration, for the purpose of enforcement.
S 580-613. 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 parts one and two of this article,
this part and the procedural and substantive law of this state to the
proceeding for enforcement or modification. Parts three, four, five,
seven and eight of this article do not apply.
S 580-614. Notice to issuing tribunal of modification. Within thirty
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.
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