1.    A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:

Terms Used In North Dakota Code 14-12.2-47.11

  • 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.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

a.    The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or

b.    The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

     2.    If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, subsection 3 of section 14-12.2-47.8 applies.