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The 189th General Court of the Commonwealth of Massachusetts

Section 6-611: Modification of child support order of another state

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

  Section 6-611. Modification of child support order of another state.

  (a) After a child support order issued in another state has been registered in the commonwealth, the responding tribunal of the commonwealth may modify that order only if section 6-613 does not apply and after notice and hearing it finds that:

  (1) the following requirements are met:

  (i) the child, the individual obligee, and the obligor do not reside in the issuing state;

  (ii) a petitioner who is a nonresident of the commonwealth seeks modification; and

  (iii) the respondent is subject to the personal jurisdiction of the tribunal of the commonwealth; or

  (2) the child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of the commonwealth and each of the parties who are individuals has filed a written consent in the issuing tribunal for a tribunal of the commonwealth to modify the support order and assume continuing, exclusive jurisdiction over such order; provided, however, that if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this chapter, the consent otherwise required of an individual residing in the commonwealth shall not be required for the tribunal to assume jurisdiction to modify the child support order.

  (b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of the commonwealth and the order may be enforced and satisfied in the same manner.

  (c) A tribunal of the commonwealth may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under section 2-207 establishes the aspects of the support order which are nonmodifiable.

  (d) On issuance of an order modifying a child support order issued in another state, a tribunal of the commonwealth becomes the tribunal of continuing, exclusive jurisdiction.

  (e) Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal which had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows that earlier order has been registered.

Chapter 209D: Section 6-611. Modification of child support order of another state

[ 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 6-611. Modification of child support order of another state.

  (a) If section 6-613 does not apply, upon petition a tribunal of the commonwealth may modify a child support order issued in another state which is registered in the commonwealth if, after notice and hearing, the tribunal finds that:

  (1) the following requirements are met:

  (i) neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;

  (ii) a petitioner who is a nonresident of the commonwealth seeks modification; and

  (iii) the respondent is subject to the personal jurisdiction of the tribunal of the commonwealth; or

  (2) the commonwealth is the residence of the child or a party who is an individual is subject to the personal jurisdiction of the tribunal of the commonwealth and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of the commonwealth to modify the support order and assume continuing, exclusive jurisdiction.

  (b) Modification of a registered child support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of the commonwealth and the order may be enforced and satisfied in the same manner.

  (c) A tribunal of the commonwealth may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If 2 or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under section 2-207 establishes the aspects of the support order which are nonmodifiable.

  (d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of the commonwealth.

  (e) On the issuance of an order by a tribunal of the commonwealth modifying a child support order issued in another state, the tribunal of the commonwealth becomes the tribunal having continuing, exclusive jurisdiction.

  (f) Notwithstanding subsections (a) to (e), inclusive, and section 2-201(b), a tribunal of the commonwealth retains jurisdiction to modify an order issued by a tribunal of the commonwealth if:

  (1) 1 party resides in another state; and

  (2) the other party resides outside the United States.