Continuing exclusive jurisdiction
Sec. 5. (a) An Indiana tribunal that issues a support order
consistent with Indiana law has continuing, exclusive jurisdiction
over a child support order:
(1) if Indiana remains the residence of the:
(A) obligor;
(B) individual obligee; or
(C) child for whose benefit the support order is issued; or
(2) until each individual party has filed written consent with the
Indiana tribunal for a tribunal of another state to modify the
order and assume continuing, exclusive jurisdiction.
Nothing in this section is intended to divest a court of jurisdiction to
enforce a judgment that has been previously issued in favor of any
party, including any state or to prevent a Title IV-D agency or its
agents from collecting on a judgment previously issued through a
judicial or an administrative proceeding.
(b) An Indiana tribunal that issues a child support order consistent
with Indiana law may not exercise its continuing jurisdiction to
modify the order if the order has been modified by a tribunal of
another state that has exercised continuing, exclusive jurisdiction
over the order under a law substantially similar to this article.
(c) If an Indiana child support order is modified by a tribunal of
another state under a law substantially similar to this article, the
Indiana tribunal:
(1) loses its continuing, exclusive jurisdiction with regard to
prospective enforcement of the order issued in Indiana; and
(2) may only:
(1) Enforce the order that was modified concerning amounts
accruing before the modification.
(2) Enforce nonmodifiable aspects of that order.
(3) Provide other appropriate relief for a violation of the
order that occurred before the effective date of the
modification.
(4) Recognize the modifying order of the other state, upon
registration, for the purpose of enforcement.
(d) An Indiana tribunal shall recognize the continuing, exclusive
jurisdiction of a tribunal of another state that has issued a child
support order under a law substantially similar to this article.
(e) A temporary support order issued ex parte or a pending
resolution of a jurisdictional conflict does not create continuing,
exclusive jurisdiction in the issuing tribunal.
(f) An Indiana tribunal that issues a support order consistent with
Indiana law has continuing, exclusive jurisdiction over a spousal
support order throughout the existence of the support obligation. An
Indiana tribunal may not modify a spousal support order issued by a
tribunal of another state having continuing, exclusive jurisdiction
over the order under the law of the other state.
As added by P.L.1-1997, SEC.10.
Last modified: May 24, 2006