A. If section 25-1313 does not apply, on petition, a tribunal of this state may modify a child support order issued in another state that is registered in this state if, after notice and a hearing, it finds that any of the following is true:

Terms Used In Arizona Laws 25-1311

  • Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Arizona Laws 25-1202
  • Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Arizona Laws 25-1202
  • Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support. See Arizona Laws 25-1202
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Arizona Laws 25-1202
  • Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Arizona Laws 25-1202
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Law: includes decisional and statutory law and rules and regulations having the force of law. See Arizona Laws 25-1202
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Obligee: means any of the following:

    (a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued. See Arizona Laws 25-1202

  • Obligor: means an individual or the estate of a decedent that meets any of the following conditions:

    (a) Owes or is alleged to owe a duty of support. See Arizona Laws 25-1202

  • Petition: includes a complaint. See Arizona Laws 25-1202
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form. See Arizona Laws 25-1202
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 25-1202
  • Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See Arizona Laws 25-1202
  • Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child. See Arizona Laws 25-1202
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215

1. The following requirements are met:

(a) Neither the child, the obligee who is an individual nor the obligor resides in the issuing state.

(b) A petitioner who is a nonresident of this state seeks modification.

(c) The respondent is subject to the personal jurisdiction of the tribunal of this state.

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 laws 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 recognized under section 25-1227 establishes the aspects of the support order that 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 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 this section and section 25-1221, subsection B, a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if both of the following are true:

1. One party resides in another state.

2. The other party resides outside the United States.

 

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