Indiana Code - Family Law and Juvenile Law - Title 31, Section 31-18-6-11

Modification of child support order of another state

Sec. 11. (a) After a child support order issued in another state has
been registered in Indiana, unless the provisions of section 13 of this
chapter apply, the responding Indiana tribunal may modify the order
only if, after notice and hearing, the responding tribunal finds that:
(1) the:
(A) child, individual obligee, and obligor do not reside in the
issuing state;
(B) petitioner who is a nonresident of Indiana seeks
modification; and
(C) respondent is subject to the personal jurisdiction of the
Indiana tribunal; or
(2) an individual party or the child is subject to the personal
jurisdiction of the tribunal and all of the individual parties have
filed a written consent in the issuing tribunal providing that an
Indiana tribunal may modify the support order and assume
continuing, exclusive jurisdiction over the order. However, if
the issuing state is a foreign jurisdiction that has not enacted the
Uniform Interstate Family Support Act, the written consent of
the individual party residing in Indiana is not required for the
tribunal to assume jurisdiction to modify the child support
order.
(b) 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 an Indiana tribunal. The order
may be enforced and satisfied in the same manner.
(c) An Indiana tribunal may not modify any aspect of a child
support order that may not be modified under the law of the issuing
state. If two (2) or more tribunals have issued child support orders
for the same obligor and child, the order that is controlling and must
be recognized under the provisions of IC 31-18-2-7 establishes the
nonmodifiable aspects of the support order.
(d) Upon the modification of a child support order issued in
another state, an Indiana tribunal becomes the tribunal of continuing,
exclusive jurisdiction.
(e) Not more than thirty (30) days after issuing a modified child
support order, the party obtaining the modification shall file a
certified copy of the order:
(1) with the issuing tribunal that had continuing, exclusive
jurisdiction over the earlier order; and
(2) in each tribunal in which the party knows that the earlier
order has been registered.

(f) Failure of the party obtaining the order to file a certified copy
as required under subsection (e) subjects the party to appropriate
sanctions by a tribunal in which the issue of failure to file arises, but
the failure has no effect on the validity or enforceability of the
modified order of the new tribunal of continuing, exclusive
jurisdiction.

As added by P.L.1-1997, SEC.10. Amended by P.L.213-1999,
SEC.30.

Last modified: May 24, 2006