New York Law
Family Court Laws
Consolidated Laws of New York
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Part 2 - Article 5B - Family Court
JURISDICTION
Section |
Description |
580-201 |
Basis for jurisdiction over nonresident. |
580-202 |
Duration of personal jurisdiction. |
580-203 |
Initiating and responding tribunal of state. |
580-204 |
Simultaneous proceedings. |
580-205 |
Continuing exclusive jurisdiction to modify child support order. |
580-206 |
Continuing jurisdiction to enforce child support order. |
580-207 |
Determination of controlling child support order. |
580-208 |
Child support orders for two or more obligees. |
580-209 |
Credit for payments. |
580-210 |
Application of article to nonresident subject to personal jurisdiction. |
580-211 |
Continuing exclusive jurisdiction to modify spousal-support order. |
S 580-201. Bases for jurisdiction over nonresident. (a) In a
proceeding to establish or enforce a support order or to determine
parentage of a child, a tribunal of this state may exercise personal
jurisdiction over a nonresident individual or the individual's guardian
or conservator if:
(1) the individual is personally served with a summons and petition
within this state;
(2) the individual submits to the jurisdiction of this state by
consent, by entering a general appearance, or by filing a responsive
document or other action having the effect of waiving any contest to
personal jurisdiction;
(3) the individual resided with the child in this state;
(4) the individual resided in this state and provided prenatal
expenses or support for the child;
(5) the child resides in this state as a result of the acts or
directives of the individual;
(6) the individual engaged in sexual intercourse in this state and the
child may have been conceived by that act of intercourse;
(7) the individual asserted parentage of a child in the putative
father registry maintained in this state by the office of children and
family services; or
(8) there is any other basis consistent with the constitutions of this
state and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subdivision (a) of
this section or in any other law of this state may not be used to
acquire personal jurisdiction for a tribunal of this state to modify a
child support order of another state unless the requirements of section
580-611 of this article are met, or, in the case of a foreign support
order, unless the requirements of section 580-615 of this article are
met.
S 580-202. Duration of personal jurisdiction. Personal jurisdiction
acquired by a tribunal of this state in a proceeding under this article
or other law of this state relating to a support order continues as long
as a tribunal of this state has continuing, exclusive jurisdiction to
modify its order or continuing jurisdiction to enforce its order as
provided by sections 580-205, 580-206 and 580-211 of this part.
S 580-203. Initiating and responding tribunal of state. Under this
article, a tribunal of this state may serve as an initiating tribunal to
forward proceedings to a tribunal of another state, and as a responding
tribunal for proceedings initiated in another state or a foreign
country.
S 580-204. Simultaneous proceedings. (a) A tribunal of this state may
exercise jurisdiction to establish a support order if the petition or
comparable pleading is filed after a pleading is filed in another state
or a foreign country only if:
(1) the petition or comparable pleading in this state is filed before
the expiration of the time allowed in the other state or the foreign
country for filing a responsive pleading challenging the exercise of
jurisdiction by the other state or the foreign country;
(2) the contesting party timely challenges the exercise of
jurisdiction in the other state or the foreign country; and
(3) if relevant, this state is the home state of the child.
(b) A tribunal of this state may not exercise jurisdiction to
establish a support order if the petition or comparable pleading is
filed before a petition or comparable pleading is filed in another state
or a foreign country if:
(1) the petition or comparable pleading in the other state or foreign
country is filed before the expiration of the time allowed in this state
for filing a responsive pleading challenging the exercise of
jurisdiction by this state;
(2) the contesting party timely challenges the exercise of
jurisdiction in this state; and
(3) if relevant, the other state or foreign country is the home state
of the child.
S 580-205. Continuing exclusive jurisdiction to modify 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 the 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.
(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.
(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 which 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.
(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.
(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.
S 580-206. Continuing jurisdiction to enforce child support order. (a)
A tribunal of this state that has issued a child support order
consistent with the law of this state may serve as an initiating
tribunal to request a tribunal of another state to enforce:
(1) the order if the order is the controlling order and has not been
modified by a tribunal of another state that assumed jurisdiction
pursuant to the Uniform Interstate Family Support Act; or
(2) a money judgment for arrears of support and interest on the order
accrued before a determination that an order of a tribunal of another
state is the controlling order.
(b) A tribunal of this state having continuing jurisdiction over a
support order may act as a responding tribunal to enforce the order.
S 580-207. Determination of controlling child support order. (a) If a
proceeding is brought under this article and only one tribunal has
issued a child support order, the order of that tribunal controls and
must be recognized.
(b) If a proceeding is brought under this article, and two or more
child support orders have been issued by tribunals of this state,
another state or a foreign country with regard to the same obligor and
same child, a tribunal of this state having personal jurisdiction over
both the obligor and individual obligee shall apply the following rules
and by order shall determine which order controls and must be
recognized:
(1) If only one of the tribunals would have continuing, exclusive
jurisdiction under this article, the order of that tribunal controls.
(2) If more than one of the tribunals would have continuing, exclusive
jurisdiction under this article:
(i) an order issued by a tribunal in the current home state of the
child controls; or
(ii) if an order has not been issued in the current home state of the
child, the order most recently issued controls.
(3) If none of the tribunals would have continuing, exclusive
jurisdiction under this article, the tribunal of this state shall issue
a child support order, which controls.
(c) If two or more child support orders have been issued for the same
obligor and same child, upon request of a party who is an individual or
that is a support enforcement agency, a tribunal of this state having
personal jurisdiction over both the obligor and the obligee who is an
individual shall determine which order controls under subdivision (b) of
this section. The request may be filed with a registration for
enforcement or registration for modification pursuant to part six of
this article, or may be filed as a separate proceeding.
(d) A request to determine which is the controlling order must be
accompanied by a copy of every child support order in effect and the
applicable record of payments. The requesting party shall give notice of
the request to each party whose rights may be affected by the
determination.
(e) The tribunal that issued the controlling order under subdivision
(a), (b) or (c) of this section has continuing jurisdiction to the
extent provided in section 580-205 or 580-206 of this part.
(f) A tribunal of this state that determines by order which is the
controlling order under paragraph one or two of subdivision (b) or
subdivision (c) of this section, or that issues a new controlling order
under paragraph three of subdivision (b) of this section, shall state in
that order:
(1) the basis upon which the tribunal made its determination;
(2) the amount of prospective support, if any; and
(3) the total amount of consolidated arrears and accrued interest, if
any, under all of the orders after all payments made are credited as
provided by section 580-209 of this part.
(g) Within thirty days after issuance of an order determining which is
the controlling order, the party obtaining the order shall file a
certified copy of it in each tribunal that issued or registered an
earlier order of child support. A party or support enforcement agency
obtaining the order that fails to file a certified copy is subject to
appropriate sanctions by a tribunal in which the issue of failure to
file arises. The failure to file does not affect the validity or
enforceability of the controlling order.
(h) An order that has been determined to be the controlling order, or
a judgment for consolidated arrears of support and interest, if any,
made pursuant to this section must be recognized in proceedings under
this article.
S 580-208. Child support orders for two or more obligees. In
responding to registrations or petitions for enforcement of two or more
child support orders in effect at the same time with regard to the same
obligor and different individual obligees, at least one of which was
issued by a tribunal of another state or a foreign country, a tribunal
of this state shall enforce those orders in the same manner as if the
orders had been issued by a tribunal of this state.
S 580-209. Credit for payments. A tribunal of this state shall credit
amounts collected for a particular period pursuant to any child support
order against the amounts owed for the same period under any other child
support order for support of the same child issued by a tribunal of this
state, another state, or a foreign country.
S 580-210. Application of article to nonresident subject to personal
jurisdiction. A tribunal of this state exercising personal jurisdiction
over a nonresident in a proceeding under this article, under other law
of this state relating to a support order, or recognizing a foreign
support order may receive evidence from outside this state pursuant to
section 580-316 of this article, communicate with a tribunal outside
this state pursuant to section 580-317 of this article and obtain
discovery through a tribunal outside this state pursuant to section
580-318 of this article. In all other respects, parts three through six
of this article do not apply, and the tribunal shall apply the
procedural and substantive law of this state.
S 580-211. Continuing exclusive jurisdiction to modify spousal-support
order. (a) A tribunal of this state issuing a spousal-support order
consistent with the law of this state has continuing, exclusive
jurisdiction to modify the spousal-support order throughout the
existence of the support obligation.
(b) A tribunal of this state may not modify a spousal-support order
issued by a tribunal of another state or a foreign country having
continuing, exclusive jurisdiction over that order under the law of that
state or foreign country.
(c) A tribunal of this state that has continuing, exclusive
jurisdiction over a spousal-support order may serve as:
(1) an initiating tribunal to request a tribunal of another state to
enforce the spousal-support order issued in this state; or
(2) a responding tribunal to enforce or modify its own spousal-support
order.
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