New York Law

Part 2 - Article 5B - Family Court

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  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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