                                 CODE OF VIRGINIA

MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER STATE (§ 20-88.76)

A. If § 20-88.77:1 does not apply, upon petition a tribunal of the Commonwealth
may modify a child support order, issued in another state, that is registered in
the Commonwealth if, after notice and hearing, the tribunal finds that:

   1. The following requirements are met:
   				a. Neither the child, nor the obligee who is an individual, nor the
   obligor resides in the issuing state;
   				b. A petitioner who is a nonresident of the Commonwealth seeks
   modification; and
   				c. The respondent is subject to the personal jurisdiction of the tribunal
   of the Commonwealth; or

   2. The Commonwealth is the residence of the child or a party who is an
   individual is subject to the personal jurisdiction of the tribunal of the
   Commonwealth and all of the individual parties who are individuals have filed
   consents in a record in the issuing tribunal for a tribunal of the
   Commonwealth to modify the support order and assume continuing, exclusive
   jurisdiction.

B. Modification of a registered child support order is subject to the same
requirements, procedures, and defenses that apply to the modification of an
order issued by a tribunal of the Commonwealth and the order may be enforced and
satisfied in the same manner.

C. A tribunal of the Commonwealth may not modify any aspect of a child support
order that may not be modified under the law of the issuing state, including the
duration of the obligation of support. If two or more tribunals have issued
child support orders for the same obligor and same child, the order that
controls and shall be so recognized under &#xA7; 20-88.41 establishes the
aspects of the support order which are nonmodifiable.

D. In a proceeding to modify a child support order, the law of the state that is
determined to have issued the initial controlling order governs the duration of
the obligation of support. The obligor&#8217;s fulfillment of the duty of
support established by that order precludes imposition of a further obligation
of support by a tribunal of the Commonwealth.

E. On issuance of an order by a tribunal of the Commonwealth modifying a child
support order issued in another state, the tribunal of the Commonwealth becomes
the tribunal having continuing, exclusive jurisdiction.

F. Notwithstanding subsections A through E and &#xA7; 20-88.35, a tribunal of
the Commonwealth retains jurisdiction to modify an order issued by a tribunal of
the Commonwealth if one party resides in another state and the other party
resides outside the United States.

HISTORY: 1994, c. 673; 1997, cc. 797, 897; 2005, c. 754; 2015, c. 727.