Maine Revised Statutes Title 19-A Sec. 3253 – Modification of child support order of another state
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1. Modification of child support order of another state. If section 3255 does not apply, upon petition a tribunal of this State may modify a child support order issued in another state that has been registered in this State if, after notice and hearing, the tribunal finds that:
A. The following requirements are met:
(1) Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
(2) A petitioner who is a nonresident of this State seeks modification; and
(3) The respondent is subject to the personal jurisdiction of the tribunal of this State; or [PL 2003, c. 436, §43 (RPR).]
B. This State is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal 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. [PL 2009, c. 95, §76 (AMD); PL 2009, c. 95, §87 (AFF).]
C. [PL 2003, c. 436, §43 (RP).]
[PL 2009, c. 95, §76 (AMD); PL 2009, c. 95, §87 (AFF).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 3253
- 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 Maine Revised Statutes Title 19-A Sec. 2802
- Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501
- 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 Maine Revised Statutes Title 19-A Sec. 2802
- 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 Maine Revised Statutes Title 19-A Sec. 2802
- Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Maine Revised Statutes Title 19-A Sec. 2802
- 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 Maine Revised Statutes Title 19-A Sec. 2802
- 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 Maine Revised Statutes Title 19-A Sec. 2802
- 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 :
A. See Maine Revised Statutes Title 19-A Sec. 2802Obligor: means an individual or the estate of a decedent:
A. See Maine Revised Statutes Title 19-A Sec. 2802Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 19-A Sec. 2802 state: includes an Indian nation or tribe. See Maine Revised Statutes Title 19-A Sec. 2802 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 Maine Revised Statutes Title 19-A Sec. 2802 Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage. See Maine Revised Statutes Title 19-A Sec. 2802 tribunal of this State: means the District Court or the Department of Health and Human Services. See Maine Revised Statutes Title 19-A Sec. 2802 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Modification; enforcement and satisfaction. 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.
[PL 2003, c. 436, §43 (RPR).]
3. No modification. 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 2 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 2967 establishes the aspects of the child support order that are nonmodifiable.
[PL 2009, c. 95, §77 (AMD); PL 2009, c. 95, §87 (AFF).]
3-A. Issuing state‘s law governs. 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.
[PL 2003, c. 436, §43 (NEW).]
4. Modification order; continuing, exclusive jurisdiction. Upon 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 of continuing, exclusive jurisdiction.
[PL 2003, c. 436, §43 (RPR).]
5. Filing of modified order.
[PL 2003, c. 436, §43 (RP).]
6. Retained jurisdiction to modify an order issued in this State. Notwithstanding subsections 1 to 4 and section 2961, subsection 2, a tribunal of this State retains jurisdiction to modify an order issued by a tribunal of this State if:
A. One party resides in another state; and [PL 2009, c. 95, §78 (NEW); PL 2009, c. 95, §87 (AFF).]
B. The other party resides outside the United States. [PL 2009, c. 95, §78 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §78 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 669, §22 (AMD). PL 2003, c. 436, §43 (RPR). PL 2009, c. 95, §§76-78 (AMD). PL 2009, c. 95, §87 (AFF).