Section 454.867

Title XXX DOMESTIC RELATIONS

Chapter 454

Effective - 01 Jul 1997, 2 histories, see footnote   (history) 

  *454.867.  Jurisdiction, proceedings involving a foreign tribunal, exclusive jurisdiction, modifications of orders, loss of exclusive jurisdiction, recognition of foreign jurisdiction, effect of temporary support order on jurisdiction, spousal support order. — (a)  A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a child support order:

  (1)  as long as this state remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

  (2)  until each individual party has filed written consent with the tribunal of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.

  (b)  A tribunal of this state issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to sections 454.850 to 454.997 or a law substantially similar to sections 454.850 to 454.997.

  (c)  If a child support order of this state is modified by a tribunal of another state pursuant to sections 454.850 to 454.997 or a law substantially similar to sections 454.850 to 454.997, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only:

  (1)  enforce the order that was modified as to amounts accruing before the modification;

  (2)  enforce nonmodifiable aspects of that order; and

  (3)  provide other appropriate relief for violations of that order which occurred before the effective date of the modification.

  (d)  A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to sections 454.850 to 454.997 or a law substantially similar to sections 454.850 to 454.997.

  (e)  A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

  (f)  A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation.  A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.

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(L. 1996 H.B. 992, A.L. 1997 S.B. 361)

Effective 7-01-97

*Repealed L. 2011 H.B. 260, see § 454.849 for contingent effective date