OAR 137-055-7190
Review and Modification In Intergovernmental Cases
(1)
Within 15 days of a party’s request for a periodic review or a request for a modification based upon a change of circumstances, the administrator will determine in which jurisdiction the review will be sought. The administrator will follow the Uniform Interstate Family Support Act (UIFSA) provisions in ORS Chapter 110 (Uniform Interstate Family Support Act) in making this decision, including:(a)
If the controlling order is an Oregon support order and at the time of the request one of the parties or the child resides in this state, Oregon retains continuing, exclusive jurisdiction and will review and, if appropriate, modify the order unless the parties have consented in a record to modification in another jurisdiction pursuant to ORS 110.527 (Continuing, exclusive jurisdiction).(b)
If the controlling order is an Oregon support order, one of the parties resides in another state, and the other party resides outside the United States, Oregon will review and, if appropriate, modify the order pursuant to ORS 110.632 (Modification of child support order of another state).(c)
If Oregon does not have the controlling order but all the parties have filed consents in a record in the jurisdiction which has the controlling order for Oregon to modify the order, Oregon will review and, if appropriate, modify the order.(d)
If an order has been registered for enforcement in Oregon and none of the parties or the child resides in the jurisdiction which issued the order, the jurisdiction where the non-requesting party resides will do the review.(e)
If a foreign country lacks or refuses to exercise jurisdiction to modify its child support order and Oregon has personal jurisdiction over all parties, Oregon may assume jurisdiction to modify the order pursuant to ORS 110.639 (Jurisdiction to modify foreign child support order).
Source:
Rule 137-055-7190 — Review and Modification In Intergovernmental Cases, https://secure.sos.state.or.us/oard/view.action?ruleNumber=137-055-7190
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