Title 19, Chapter 6, Section 26
( 19-6-26)
(a) As used in this Code section, the term: (1) "Child support order" means a judgment, decree, or order of a
court or authorized administrative agency requiring the payment of
child support in periodic amounts or in a lump sum and includes
(A) a permanent or temporary order and (B) an initial order or a
modification of an order. (2) "Continuing, exclusive jurisdiction" means the authority and
jurisdiction of a court to enter or modify a judgment, decree, or
order for the payment of child support, as defined in the Full
Faith and Credit for Child Support Orders Act, 28 U.S.C. Section
1738B, as amended. (3) "Foreign child support order" means a judgment, decree, or
order of a court or authorized administrative agency of another
state requiring the payment of child support in periodic amounts
or in a lump sum and includes (A) a permanent or temporary order
and (B) an initial order or a modification of an order. (4) "Modification" means a change in a child support order that
affects the amount, scope, or duration of the order and modifies,
replaces, supersedes, or otherwise is made subsequent to a child
support order or foreign child support order. (5) "Moving party" means the party initiating an action for the
modification of a child support order or foreign child support
order. (6) "Nonmoving party" means the party not initiating an action for
the modification of a child support order or foreign child support
order. (7) "State" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the territories and
possessions of the United States, and Indian Country as defined in
18 U.S.C. Section 1151. (b) A court of this state may exercise continuing, exclusive
jurisdiction for purposes of entering a child support order if the
court has subject matter and personal jurisdiction to make such a
child support order, and no previous support order has been entered
by a court of competent jurisdiction with respect to the child or
children named in the support order. (c) A court of this state may exercise continuing, exclusive
jurisdiction for purposes of entering a modification of a child
support order issued by a court of this state if the child or
children named in the child support order or any party to the action
resides in this state. (d) A court of this state may exercise continuing, exclusive
jurisdiction for purposes of entering a modification of a foreign
child support order if: (1) The court has subject matter and personal jurisdiction over
the nonmoving party; and
(2) The court of the state issuing the order sought to be modified
no longer has continuing, exclusive jurisdiction to modify said
order as defined in the Full Faith and Credit for Child Support
Orders Act, 28 U.S.C. Section 1738B, as amended. (3) The parties file a written consent allowing the court to
assume continuing, exclusive jurisdiction. This Code section
shall be interpreted to effectuate the provisions of Article 3 of
Chapter 11 of this title. (e) Jurisdiction within this state to enforce a child support order
entered by or registered with a court of this state shall be vested
concurrently in the court issuing such order, the court in the
county where the person owing the duty of support may be found or is
employed, and the court in the county where property may be found
which is subject to seizure, sale, foreclosure, or other process for
application toward the support obligation. |