LD 986
pg. 35
Page 34 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 36 of 77
Download Bill Text
LR 467
Item 1

 
possible in the proceedings without the necessity of personally
appearing in the forum State. The same considerations account
for authorizing inter-tribunal communications as per Section
317. Finally, the two-state discovery procedures of Section 318
are made applicable in a one-state proceeding when a foreign
tribunal can assist in that process. In all other situations,
the ordinary substantive and procedural law of the forum State
applies to a one-state proceeding. In sum, the parties and the
tribunal in a one-state case may utilize those two-state
procedures that contribute to economy, efficiency, and fair
play.

 
Finally, the 2001 amendment recognizes and extends the
operation of these evidentiary and discovery provisions to a
case involving a foreign support order recognized on the basis
of comity.

 
§2971.__Continuing, exclusive jurisdiction to modify spousal

 
support order

 
1.__Tribunal of this State; continuing, exclusive
jurisdiction.__A tribunal of this State issuing a spousal
support order consistent with the law of this State has
continuing, exclusive jurisdiction to modify the spousal
support order throughout the existence of the support
obligation.

 
2.__Spousal support issued by another state.__A tribunal of
this State may not modify a spousal support order issued by a
tribunal of another state having continuing, exclusive
jurisdiction over that order under the law of that state.

 
3. Tribunal of this State; initiating or responding
tribunal.__A tribunal of this State that has continuing,
exclusive jurisdiction over a spousal support order may serve
as:

 
A.__An initiating tribunal to request a tribunal of
another state to enforce the spousal support order issued
in this State; or

 
B.__A responding tribunal to enforce or modify its own
spousal support order.

 
Uniform Comment

 
(This is Section 211 of the Uniform Act.)

 
This is not new language; a 2001 amendment moved former
Section 205(f) to this stand-alone section. Complimentary
provisions with regard to other aspects of CEJ over a spousal
support order are also moved. An order for spousal support is
treated differently than an order for child support. The
issuing tribunal retains continuing, exclusive jurisdiction
over an order of spousal


Page 34 of 77 Top of Page Page 36 of 77