LD 986
pg. 66
Page 65 of 77 An Act To Enact the Uniform Interstate Family Support Act Amendments of 1996 an... Page 67 of 77
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LR 467
Item 1

 
(This is Section 611 of the Uniform Act.)

 
Under the procedure established by RURESA, after a support
order was registered for the purpose of enforcement it was
treated as if it had originally been issued by the registering
tribunal. Most States interpreted these registration
provisions as also authorizing prospective "modification" of
the registered order. However, except in circumstances in
which both States had the same version of RURESA and the
formalities were scrupulously followed, the registering
tribunal did not have the legal authority to replace the
original order with its own order. In short, most often the
purported modification in essence established a new
obligation. In sum, by its very terms RURESA contemplated, or
even encouraged, the existence of multiple support orders,
none of which were directly related to any of the others.
Although the issuing tribunal under RURESA retained a version
of continuing, exclusive jurisdiction to modify its own order,
that power was not exclusive. The typical scenario of those
days was that an obligee would seek assistance from a local
court, which would determine a duty of support existed and
forward a certificate and order and petition to a responding
court. The subsequent proceeding in the responding State would
bring the obligor before the court. The obligor typically
sought modification of the support obligation (which almost
always was not being paid) in a forum which presented him with
the "hometown advantage." Thus arose the common practice of
the issuance of a new, lower child-support order.

 
Under UIFSA, as long as the issuing State has continuing,
exclusive jurisdiction over its child-support order, see
Section 205(a), supra, a registering sister State is precluded
from modifying that order. Without doubt, this is the most
significant departure from the multiple-order system
established by the prior Uniform Act. However, if the issuing
State no longer has a sufficient interest in the modification
of its order under the factual circumstances described in
Section 205(b), supra, and restated in this section, after
registration the responding State may assume the power to
modify the controlling order.

 
Registration is subdivided into distinct categories:
registration for enforcement, for modification, or both. UIFSA
is based on recognizing the truism that when an out-of-state
support order is registered, the rights and duties of the
parties affected have been previously litigated. Because the
obligor already has had a day before an appropriate tribunal,
an enforcement remedy may be summarily invoked. On the other
hand, modification of an existing order presupposes a change
in the rights or duties of the parties. The requirements for
modification of a child-support order are much more explicit
under UIFSA, which allows a tribunal to modify an existing
child-support order of another State only


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