Alabama Code (Last Updated: November 28, 2014) |
Title30 MARITAL AND DOMESTIC RELATIONS. |
Chapter3A. ALABAMA UNIFORM INTERSTATE FAMILY SUPPORT ACT. |
Article2. Jurisdiction. |
Part2. Proceedings Involving Two or More States. |
§30-3A-205. Continuing, exclusive jurisdiction.
-
(a) A court 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 all of the parties who are individuals have filed written consents with the court of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.
(b) A court 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 this chapter or a law substantially similar to this chapter.
(c) If a child-support order of this state is modified by a tribunal of another state pursuant to this chapter or a law substantially similar to this chapter, a court 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 court of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child-support order pursuant to this chapter or a law substantially similar to this chapter.
(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 court 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 court 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.