                                 CODE OF VIRGINIA

CONTINUING, EXCLUSIVE JURISDICTION TO MODIFY CHILD SUPPORT ORDER (§ 20-88.39)

A. A tribunal of the Commonwealth that has issued a child support order
consistent with the law of the Commonwealth 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 the filing of a request for modification, the Commonwealth
   is the residence of the obligor, the individual obligee, or the child for
   whose benefit the support order is issued; or

   2. Even if the Commonwealth 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 that the tribunal of the Commonwealth
   may continue to exercise its jurisdiction to modify its order.

B. A tribunal of the Commonwealth that has issued a child support order
consistent with the law of the Commonwealth 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 the Commonwealth that a tribunal of another state that has
   jurisdiction over at least one of the parties who is an individual or who 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.

C. If a tribunal of another state has issued a child support order pursuant to
this chapter or a law substantially similar to this chapter that modifies a
child support order of a tribunal of the Commonwealth, tribunals of the
Commonwealth shall recognize the continuing, exclusive jurisdiction of the
tribunal of the other state.

D. A tribunal of the Commonwealth 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.

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. The support enforcement agency of the Commonwealth is not authorized to
establish or enforce a support order for spousal support only.

HISTORY: 1994, c. 673; 1996, cc. 882, 925; 1997, cc. 797, 897; 2005, c. 754.