Sec. 11. (a) If section 13 of this chapter does not apply, upon petition, an Indiana tribunal may modify a child support order issued in another state which is registered in Indiana if, after notice and hearing, the tribunal finds that:

(1) the following requirements are met:

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Terms Used In Indiana Code 31-18.5-6-11

  • 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.
  • 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.
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(A) neither the child, nor 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; and

(C) the respondent is subject to the personal jurisdiction of the Indiana tribunal; or

(2) Indiana is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the Indiana tribunal, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for an Indiana tribunal 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 an Indiana tribunal and the order may be enforced and satisfied in the same manner.

     (c) An Indiana tribunal 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 (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 IC 31-18.5-2-7 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 an Indiana tribunal.

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

     (f) Notwithstanding subsections (a) through (e) and IC 31-18.5-2-1(b), an Indiana tribunal retains jurisdiction to modify an order issued by an Indiana tribunal if:

(1) one (1) party resides in another state; and

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

As added by P.L.206-2015, SEC.53.

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