N.Y. Family Court Act § 580-611: Modification of child support order of another state

§ 580-611. Modification of child support order of another state. (a)

If section 580-613 of this subpart does not apply, upon petition a

tribunal of this state may modify a child support order issued in

another state which is registered in this state 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 this state seeks

modification; and

(iii) the respondent is subject to the personal jurisdiction of the

tribunal of this state; or

(2) this state is the residence of the child, or a party who is an

individual is subject to the personal jurisdiction of the tribunal of

this state, and all of the parties who are individuals have filed

consents in a record in the issuing tribunal for a tribunal of this

state 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 this state and the

order may be enforced and satisfied in the same manner.

(c) A tribunal of this state 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 two 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 580-207 of this article 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 this

state.

(e) On the issuance of an order by a tribunal of this state modifying

a child support order issued in another state, the tribunal of this

state becomes the tribunal having continuing, exclusive jurisdiction.

(f) Notwithstanding subdivisions (a) through (e) of this section and

subdivision (b) of section 580-201 of this article, a tribunal of this

state retains jurisdiction to modify an order issued by a tribunal of

this state if:

(1) one party resides in another state; and

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