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Code · STATUTE-COMPILATIONS · Personal Responsibility and Work Opportunity Reconciliation Act of 1996 · Sec. 322

Sec. 322. IMPROVEMENTS TO FULL FAITH AND CREDIT FOR CHILD SUPPORT ORDERS

733 words·~3 min read·/statute-compilations/comps-1793/sec-322

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 322 IMPROVEMENTS TO FULL FAITH AND CREDIT FOR CHILD SUPPORT ORDERS Section 1738B of title 28, United States Code, is amended— ####
(1)in subsection (a)(2), by striking “subsection (e)” and inserting “subsections (e), (f), and (i)”; ####
(2)in subsection (b), by inserting after the 2nd undesignated paragraph the following: > “ ‘**child's home State**’ means the State in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than 6 months old, the State in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month period.” > ; ####
(3)in subsection (c), by inserting “by a court of a State” before “is made”; ####
(4)in subsection (c)(1), by inserting “and subsections (e), (f), and (g)” after “located”; ####
(5)in subsection (d)— #####
(A)by inserting “individual” before “contestant”; and #####
(B)by striking “subsection (e)” and inserting “subsections
(e)and (f)”; ####
(6)in subsection (e), by striking “make a modification of a child support order with respect to a child that is made” and inserting “modify a child support order issued”; ####
(7)in subsection (e)(1), by inserting “pursuant to subsection (i)” before the semicolon; ####
(8)in subsection (e)(2)— #####
(A)by inserting “individual” before “contestant” each place such term appears; and #####
(B)by striking “to that court's making the modification and assuming” and inserting “with the State of continuing, exclusive jurisdiction for a court of another State to modify the order and assume”; ####
(9)by redesignating subsections
(f)and
(g)as subsections
(g)and (h), respectively; ####
(10)by inserting after subsection
(e)the following new subsection: > > ### “(f) Recognition of Child Support Orders > > If 1 or more child support orders have been issued with regard to an obligor and a child, a court shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction and enforcement: > > > #### “(1) > > If only 1 court has issued a child support order, the order of that court must be recognized. > > > #### “(2) > > If 2 or more courts have issued child support orders for the same obligor and child, and only 1 of the courts would have continuing, exclusive jurisdiction under this section, the order of that court must be recognized. > > > #### “(3) > > If 2 or more courts have issued child support orders for the same obligor and child, and more than 1 of the courts would have continuing, exclusive jurisdiction under this section, an order issued by a court in the current home State of the child must be recognized, but if an order has not been issued in the current home State of the child, the order most recently issued must be recognized. > > > #### “(4) > > If 2 or more courts have issued child support orders for the same obligor and child, and none of the courts would have continuing, exclusive jurisdiction under this section, a court may issue a child support order, which must be recognized. > > > #### “(5) > > The court that has issued an order recognized under this subsection is the court having continuing, exclusive jurisdiction.” > ; ####
(11)in subsection
(g)(as so redesignated)— #####
(A)by striking “Prior” and inserting “Modified”; and #####
(B)by striking “subsection (e)” and inserting “subsections
(e)and (f)”; ####
(12)in subsection
(h)(as so redesignated)— #####
(A)in paragraph (2), by inserting “including the duration of current payments and other obligations of support” before the comma; and #####
(B)in paragraph (3), by inserting “arrears under” after “enforce”; and ####
(13)by adding at the end the following new subsection: > > ###### “(i) Registration for Modification > > If there is no individual contestant or child residing in the issuing State, the party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another State shall register that order in a State with jurisdiction over the nonmovant for the purpose of modification.” > .
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