LD 986, Page 26 - 121th Legislature, FIRST REGULAR Session

Although Subsections (a) and (b) identify the methods for the

retention and the loss of continuing, exclusive jurisdiction

by the issuing tribunal, this section does not confer

jurisdiction to modify on another tribunal. Modification

requires that a tribunal have personal jurisdiction over the

parties and meet other criteria as provided in Sections 609

through 615, infra.

§2966.__Continuing jurisdiction to enforce child support order

1.__Initiating tribunal to enforce or modify.__A tribunal of
this State that has issued a child support order consistent
with the laws of this State may serve as an initiating
tribunal to request a tribunal of another state to enforce:

A.__The order if the order is the controlling order and
has not been modified by a tribunal of another state that
assumed jurisdiction pursuant to the Uniform Interstate
Family Support Act; or

B.__A money judgment for arrears of support and interest
on the order accrued before a determination that an order
of another state is the controlling order.

2.__Responding tribunal to enforce or modify.__A tribunal of
this State having continuing jurisdiction over a support order
may act as a responding tribunal to enforce or modify the
order.

Uniform Comment

(This is Section 206 of the Uniform Act.)

This section is the correlative of the continuing, exclusive
jurisdiction asserted in the preceding section. It makes the
relatively subtle distinction between the CEJ "to modify a
support order" established in Section 205 and the "continuing
jurisdiction to enforce" established in this section. A
keystone of UIFSA is that the power to enforce the order of
the issuing State is not "exclusive" with that State. Rather,
on request one or more responding States may also exercise
authority to enforce the order of the issuing State. Secondly,
under the one-order-at-a-time system, the validity and
enforceability of the controlling order continues unabated
until it is fully complied with, unless it is replaced by a
modified order issued in accordance with the standards
established by Sections 609-615. That is, even if the
individual parties and the child no longer reside in the
issuing State, the controlling order remains in effect and may
be enforced by the issuing State or any responding State
without regard to the fact that the potential
for its modification and replacement exists. The 2001
amendments to Subsection (a) authorize the issuing tribunal to
initiate a

Amendments	Public Hearings	Committee Information
Other Documents	Work Sessions	Title & Section

Status for LD 986	Search Bill Text	Session Information
Bill Directory	Search Bill Status	Legislative Information
Download MS-Word RTF	Search Bill Status	Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer