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The 189th General Court of the Commonwealth of Massachusetts

Section 2-205: Continuing, exclusive jurisdiction

[ Text of section effective until March 31, 2016. For text effective March 31, 2016, see below.]

  Section 2-205. Continuing, exclusive jurisdiction.

  (a) A tribunal of the commonwealth issuing a support order consistent with the law of the commonwealth has continuing, exclusive jurisdiction over a child support order:

  (1) as long as the commonwealth remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

  (2) until all of the parties who are individuals have filed written consents with the tribunal of the commonwealth for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.

  (b) A tribunal of the commonwealth issuing a child support order consistent with the law of the commonwealth may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to a law substantially similar to this chapter.

  (c) If a child support order of the commonwealth is modified by a tribunal of another state pursuant to a law substantially similar to this chapter, a tribunal of the commonwealth loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in the commonwealth, and may only:

  (1) enforce the order that was modified as to amounts accruing before the modification;

  (2) enforce nonmodifiable aspects of that order; and

  (3) provide other appropriate relief for violations of that order which occurred before the effective date of the modification.

  (d) A tribunal of the commonwealth shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to a law substantially similar to this chapter.

  (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

  (f) A tribunal of the commonwealth issuing a support order consistent with the law of the commonwealth has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of the commonwealth 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.

Chapter 209D: Section 2-205. Continuing, exclusive jurisdiction to modify child support order

[ Text of section as recodified by 2016, 53, Sec. 1 effective March 31, 2016 applicable as provided by 2016, 53, Sec. 2. See 2016, 53, Sec. 3. For text effective until March 31, 2016, see above.]

  Section 2-205. Continuing, exclusive jurisdiction to modify child support order.

  (a) A tribunal of the commonwealth that has issued a child support order consistent with the law of the commonwealth has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:

  (1) at the time of the filing of a request for modification the commonwealth is the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or

  (2) even if the commonwealth is not the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of the commonwealth may continue to exercise jurisdiction to modify its order.

  (b) A tribunal of the commonwealth that has issued a child support order consistent with the law of the commonwealth may not exercise continuing, exclusive jurisdiction to modify the order if:

  (1) all of the parties who are individuals file consent in a record with the tribunal of the commonwealth that a tribunal of another state that has jurisdiction over at least 1 of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or;

  (2) its order is not the controlling order.

  (c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act which modifies a child support order of a tribunal of the commonwealth, tribunals of the commonwealth shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

  (d) A tribunal of the commonwealth that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

  (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.