Title 110 · ORS Chapter 110
or 110.636 have been met. [2015 c.298 �55]
Citation: ORS 110.632
Section: 110.632
110.632 or 110.636 have been met. [2015 c.298 �55]
����� 110.632 Modification of child support order of another state. (1) If ORS 110.636 does not apply, upon 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 hearing, the tribunal finds that:
����� (a) The following requirements are met:
����� (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 tribunal of this state; or
����� (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 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.
����� (2) 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.
����� (3) 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 two 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 ORS 110.533 establishes the aspects of the support order which are nonmodifiable.
����� (4) 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.
����� (5) On the 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.
����� (6) Notwithstanding subsections (1) to (5) of this section and ORS 110.518 (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
����� (b) The other party resides outside the United States. [2015 c.298 �56]
����� 110.635 Enforcement and recognition of order modified by another state. If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:
����� (1) May enforce its order that was modified only as to arrears and interest accruing before the modification;
����� (2) May provide appropriate relief for violations of its order that occurred before the effective date of the modification; and
����� (3) Shall recognize the modifying order of the other state upon registration for the purpose of enforcement. [2015 c.298 �57]
����� 110.636 Jurisdiction to modify order of another state when individual parties reside in this state; applicable law. (1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state�s child support order in a proceeding to register that order.
����� (2) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of ORS 110.500 to 110.510, 110.518 to 110.540, 110.605 to 110.641 and the procedural and substantive law of this state to the proceeding for enforcement or modification. ORS 110.542 to 110.591, 110.592, 110.593, 110.594 to 110.602, 110.645 to 110.669, 110.670 and 110.673 do not apply. [2015 c.298 �58]
����� 110.637 Notice to issuing tribunal of modification of order. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. [2015 c.298 �59]
(Registration and Modification of Foreign Child Support Order)
����� 110.639 Jurisdiction to modify foreign child support order. (1) Except as otherwise provided in ORS 110.667, 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 ORS 110.632 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
����� (2) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order. [2015 c.298 �60]
����� 110.641 Procedure to modify foreign child support order. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the Convention may register that order in this state under ORS