Maine Revised Statutes Title 19-A Sec. 3261 – Jurisdiction to modify child support order of foreign country
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1. Assumption of jurisdiction. Except as otherwise provided in section 3321, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this State may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to section 3253 has been given or whether the individual seeking modification is a resident of this State or of the foreign country.
[PL 2009, c. 95, §81 (NEW); PL 2009, c. 95, §87 (AFF).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 3261
- 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
- Foreign country: means a country, including a political subdivision thereof, other than the United States, that under its law authorizes the issuance of support orders and:
A. See Maine Revised Statutes Title 19-A Sec. 2802Jurisdiction: (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. 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
2. Controlling order. An order issued by a tribunal of this State modifying a foreign child support order pursuant to this section is the controlling order.
[PL 2009, c. 95, §81 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §81 (NEW). PL 2009, c. 95, §87 (AFF).