SEC.  93-25-101. Enforcement and modification of support order after registration: Modification of child support order of another state.

(1) After a child support order issued in another state has been registered in this state, unless the provisions of Section 124 apply, the responding tribunal of this state may modify that order only if Section 124 does not apply and, after notice and hearing, it finds that:

 (a) 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 this state seeks modification; and

 (iii) The respondent is subject to the personal jurisdiction of the tribunal of this state; or

 (b) 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 written consents in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this act, the consent of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.

 (2) 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.

 (3) 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. If two (2) or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under the provisions of Section 81 establishes the aspects of the support order which are nonmodifiable.

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

SOURCES: 1997 Laws, Chapter 588, Sec. 121, SB2154, Effective July 1, 1997.

Note: 1997 Laws, Chapter 588, Sec. 150, states as follows:

SECTION 150. Any person or entity shall be absolutely immune from any liability arising from compliance with the dictates of this act unless such conduct by the person or entity is willful and intentional.