Home Table of Contents

§ 10-308. Continuing exclusive jurisdiction

West's Annotated Code of MarylandFamily LawEffective: July 1, 2015

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 10. Support in General (Refs & Annos)
Subtitle 3. Maryland Uniform Interstate Family Support Act (Refs & Annos)
Part II. Jurisdiction (Refs & Annos)
Effective: July 1, 2015
MD Code, Family Law, § 10-308
§ 10-308. Continuing exclusive jurisdiction
Continuing exclusive jurisdiction over a child support order
(a) A tribunal of this State that has issued a child support order consistent with the law of this State has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:
(1) at the time of filing of a request for modification this State is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(2) even if this State is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this State may continue to exercise jurisdiction to modify its order.
Termination of jurisdiction
(b) A tribunal of this State that has issued a child support order consistent with the law of this State may not exercise continuing, exclusive jurisdiction to modify the order if:
(1) all of the parties who are individuals file consent in a record with the tribunal of this State that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(2) its order is not the controlling order.
Modification by another state; powers of tribunal
(c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act that modifies a child support order of a tribunal of this State, tribunals of this State shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
Recognition of continuing exclusive jurisdiction of another state
(d) A tribunal of this State that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
Temporary support order
(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.

Credits

Added as Family Law § 10-306 by Acts 1996, c. 667, § 2, eff. Jan. 1, 1997. Renumbered as Family Law § 10-308 by Acts 1997, c. 609, § 1, eff. July 1, 1997. Amended by Acts 1997, c. 609, § 1, eff. July 1, 1997; Acts 2008, c. 522, § 1, eff. Oct. 1, 2008; Acts 2015, c. 308, § 2, eff. July 1, 2015.
MD Code, Family Law, § 10-308, MD FAMILY § 10-308
Current through legislation effective through May 16, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document