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. |