N.Y. Family Court Act § 580-205: Continuing exclusive jurisdiction to modify child support order

§ 580-205. Continuing exclusive jurisdiction to modify child support

order. (a) A tribunal of this state that has issued a child support

order consistent with the law of this state 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 this state

is the residence of the obligor, the individual obligee or the child for

whose benefit the support order is issued; or

(2) even if this state 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 this state may continue to exercise jurisdiction to modify

its order.

(b) A tribunal of this state that has issued a child support order

consistent with the law of this state 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 this state that a tribunal of another state that

has jurisdiction over at least one 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 this state, tribunals of this state shall recognize the

continuing, exclusive jurisdiction of the tribunal of the other state.

(d) A tribunal of this state 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.