as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to family support enforcement; adopting 1.3 changes to the uniform interstate family support act; 1.4 amending Minnesota Statutes 1996, sections 518C.101; 1.5 518C.205; 518C.207; 518C.304; 518C.305; 518C.306; 1.6 518C.307; 518C.501; 518C.605; 518C.606; 518C.611; 1.7 518C.612; and 518C.701; proposing coding for new law 1.8 in Minnesota Statutes, chapter 518C. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 1996, section 518C.101, is 1.11 amended to read: 1.12 518C.101 [DEFINITIONS.] 1.13 In this chapter: 1.14 (a) "Child" means an individual, whether over or under the 1.15 age of majority, who is or is alleged to be owed a duty of 1.16 support by the individual's parent or who is or is alleged to be 1.17 the beneficiary of a support order directed to the parent. 1.18 (b) "Child support order" means a support order for a 1.19 child, including a child who has attained the age of majority 1.20 under the law of the issuing state. 1.21 (c) "Duty of support" means an obligation imposed or 1.22 imposable by law to provide support for a child, spouse, or 1.23 former spouse, including an unsatisfied obligation to provide 1.24 support. 1.25 (d) "Home state" means the state in which a child lived 1.26 with a parent or a person acting as parent for at least six 1.27 consecutive months immediately preceding the time of filing of a 2.1 petition or comparable pleading for support and, if a child is 2.2 less than six months old, the state in which the child lived 2.3 from birth with any of them. A period of temporary absence of 2.4 any of them is counted as part of the six-month or other period. 2.5 (e) "Income" includes earnings or other periodic 2.6 entitlements to money from any source and any other property 2.7 subject to withholding for support under the law of this state. 2.8 (f) "Income-withholding order" means an order or other 2.9 legal process directed to an obligor's employer or other debtor 2.10 under section 518.611 or 518.613, to withhold support from the 2.11 income of the obligor. 2.12 (g) "Initiating state" means a stateinfrom which a 2.13 proceeding is forwarded or in which a proceeding is filed for 2.14 forwarding to a responding state under this chapter or a law or 2.15 procedure substantially similar to this chapter, or under a law 2.16 or procedure substantially similar to the uniform reciprocal 2.17 enforcement of support act,or the revised uniform reciprocal 2.18 enforcement of support actis filed for forwarding to a2.19responding state. 2.20 (h) "Initiating tribunal" means the authorized tribunal in 2.21 an initiating state. 2.22 (i) "Issuing state" means the state in which a tribunal 2.23 issues a support order or renders a judgment determining 2.24 parentage. 2.25 (j) "Issuing tribunal" means the tribunal that issues a 2.26 support order or renders a judgment determining parentage. 2.27 (k) "Law" includes decisional and statutory law and rules 2.28 and regulations having the force of law. 2.29 (l) "Obligee" means: 2.30 (1) an individual to whom a duty of support is or is 2.31 alleged to be owed or in whose favor a support order has been 2.32 issued or a judgment determining parentage has been rendered; 2.33 (2) a state or political subdivision to which the rights 2.34 under a duty of support or support order have been assigned or 2.35 which has independent claims based on financial assistance 2.36 provided to an individual obligee; or 3.1 (3) an individual seeking a judgment determining parentage 3.2 of the individual's child. 3.3 (m) "Obligor" means an individual, or the estate of a 3.4 decedent: 3.5 (1) who owes or is alleged to owe a duty of support; 3.6 (2) who is alleged but has not been adjudicated to be a 3.7 parent of a child; or 3.8 (3) who is liable under a support order. 3.9 (n) "Petition" means a petition or comparable pleading used 3.10 pursuant to section 518.5511. 3.11 (o) "Register" means to file a support order or judgment 3.12 determining parentage in the office of the court administrator. 3.13 (p) "Registering tribunal" means a tribunal in which a 3.14 support order is registered. 3.15 (q) "Responding state" means a statetoin which a 3.16 proceeding is filed or to which a proceeding is forwarded for 3.17 filing from an initiating state under this chapter or a law 3.18 substantially similar to this chapter, or under a law or 3.19 procedure substantially similar to the uniform reciprocal 3.20 enforcement of support act,or the revised uniform reciprocal 3.21 enforcement of support act. 3.22 (r) "Responding tribunal" means the authorized tribunal in 3.23 a responding state. 3.24 (s) "Spousal support order" means a support order for a 3.25 spouse or former spouse of the obligor. 3.26 (t) "State" means a state of the United States, the 3.27 District of Columbia, the Commonwealth of Puerto Rico, or any 3.28 territory or insular possession subject to the jurisdiction of 3.29 the United States. "State" includes: 3.30 (1) an Indian tribe; and 3.31 (2) a foreign jurisdiction that has enacted a law or 3.32 established procedures for issuance and enforcement of support 3.33 orders that are substantially similar to the procedures under 3.34 this chapter or the procedures under the uniform reciprocal 3.35 enforcement of support act or the revised uniform reciprocal 3.36 enforcement of support act. 4.1 (u) "Support enforcement agency" means a public official or 4.2 agency authorized to: 4.3 (1) seek enforcement of support orders or laws relating to 4.4 the duty of support; 4.5 (2) seek establishment or modification of child support; 4.6 (3) seek determination of parentage; or 4.7 (4) locate obligors or their assets. 4.8 (v) "Support order" means a judgment, decree, or order, 4.9 whether temporary, final, or subject to modification, for the 4.10 benefit of a child, spouse, or former spouse, which provides for 4.11 monetary support, health care, arrearages, or reimbursement, and 4.12 may include related costs and fees, interest, income 4.13 withholding, attorney's fees, and other relief. 4.14 (w) "Tribunal" means a court, administrative agency, or 4.15 quasi-judicial entity authorized to establish, enforce, or 4.16 modify support orders or to determine parentage. 4.17 Sec. 2. Minnesota Statutes 1996, section 518C.205, is 4.18 amended to read: 4.19 518C.205 [CONTINUING, EXCLUSIVE JURISDICTION.] 4.20 (a) A tribunal of this state issuing a support order 4.21 consistent with the law of this state has continuing, exclusive 4.22 jurisdiction over a child support order: 4.23 (1) as long as this state remains the residence of the 4.24 obligor, the individual obligee, or the child for whose benefit 4.25 the support order is issued; or 4.26 (2) until each individual party has filed written consent 4.27 with the tribunal of this state for a tribunal of another state 4.28 to modify the order and assume continuing, exclusive 4.29 jurisdiction. 4.30 (b) A tribunal of this state issuing a child support order 4.31 consistent with the law of this state may not exercise its 4.32 continuing jurisdiction to modify the order if the order has 4.33 been modified by a tribunal of another state pursuant to this 4.34 chapter or a law substantially similar to this chapter. 4.35 (c) If a child support order of this state is modified by a 4.36 tribunal of another state pursuant to this chapter or a law 5.1 substantially similar to this chapter, a tribunal of this state 5.2 loses its continuing, exclusive jurisdiction with regard to 5.3 prospective enforcement of the order issued in this state, and 5.4 may only: 5.5 (1) enforce the order that was modified as to amounts 5.6 accruing before the modification; 5.7 (2) enforce nonmodifiable aspects of that order; and 5.8 (3) provide other appropriate relief for violations of that 5.9 order which occurred before the effective date of the 5.10 modification. 5.11 (d) A tribunal of this state shall recognize the 5.12 continuing, exclusive jurisdiction of a tribunal of another 5.13 state which has issued a child support order pursuant to a law 5.14 substantially similar to this chapter. 5.15 (e) A temporary support order issued ex parte or pending 5.16 resolution of a jurisdictional conflict does not create 5.17 continuing, exclusive jurisdiction in the issuing tribunal. 5.18 (f) A tribunal of this state issuing a support order 5.19 consistent with the law of this state has continuing, exclusive 5.20 jurisdiction over a spousal support order throughout the 5.21 existence of the support obligation. A tribunal of this state 5.22 may not modify a spousal support order issued by a tribunal of 5.23 another state having continuing, exclusive jurisdiction over 5.24 that order under the law of that state. 5.25 Sec. 3. Minnesota Statutes 1996, section 518C.207, is 5.26 amended to read: 5.27 518C.207 [RECOGNITION OF CONTROLLING CHILD SUPPORTORDERS5.28 ORDER.] 5.29 (a) If a proceeding is brought under this chapter and only 5.30 one tribunal has issued a child support order, the order of that 5.31 tribunal is controlling and must be recognized. 5.32 (b) If a proceeding is brought under this chapter, andone5.33 two or more child support orders have been issuedinby 5.34 tribunals of this state or another state with regard toanthe 5.35 same obligor andachild, a tribunal of this state shall apply 5.36 the following rules in determining which order to recognize for 6.1 purposes of continuing, exclusive jurisdiction: 6.2 (1) If only onetribunal has issued a child support order,6.3the order of that tribunal must be recognized.6.4(2) If two or more tribunals have issued child support6.5orders for the same obligor and child, and only oneof the 6.6 tribunals would have continuing, exclusive jurisdiction under 6.7 this chapter, the order of that tribunal is controlling and must 6.8 be recognized. 6.9(3)(2) Iftwo or more tribunals have issued child support6.10orders for the same obligor and child, andmore than one of the 6.11 tribunals would have continuing, exclusive jurisdiction under 6.12 this chapter, an order issued by a tribunal in the current home 6.13 state of the child must be recognized, but if an order has not 6.14 been issued in the current home state of the child, the order 6.15 most recently issued is controlling and must be recognized. 6.16(4)(3) Iftwo or more tribunals have issued child support6.17orders for the same obligor and child, andnone of the tribunals 6.18 would have continuing, exclusive jurisdiction under this 6.19 chapter, the tribunal of this state may issue a child support 6.20 order, which must be recognized. 6.21 (c) If two or more child support orders have been issued 6.22 for the same obligor and child and if the obligor or the 6.23 individual obligee resides in this state, a party may request a 6.24 tribunal of this state to determine which order controls and 6.25 must be recognized under paragraph (b). The request must be 6.26 accompanied by a certified copy of every support order in 6.27 effect. Every party whose rights may be affected by a 6.28 determination of the controlling order must be given notice of 6.29 the request for that determination. 6.30(b)(d) The tribunal thathasissuedanthe order that 6.31 must be recognized as controlling under paragraph(a)(b) or (c) 6.32 is the tribunalhavingthat has continuing, exclusive 6.33 jurisdiction in accordance with section 518C.205. 6.34 (e) A tribunal of this state which determines by order the 6.35 identity of the controlling child support order under paragraph 6.36 (b), clause (1) or (2), or which issues a new controlling child 7.1 support order under paragraph (b), clause (3), shall include in 7.2 that order the basis upon which the tribunal made its 7.3 determination. 7.4 (f) Within 30 days after issuance of the order determining 7.5 the identity of the controlling order, the party obtaining that 7.6 order shall file a certified copy of it with each tribunal that 7.7 had issued or registered an earlier order of child support. 7.8 Failure of the party obtaining the order to file a certified 7.9 copy as required subjects that party to appropriate sanctions by 7.10 a tribunal in which the issue of failure to file arises, but 7.11 that failure has no effect on the validity or enforceability of 7.12 the controlling order. 7.13 Sec. 4. Minnesota Statutes 1996, section 518C.304, is 7.14 amended to read: 7.15 518C.304 [DUTIES OF INITIATING TRIBUNAL.] 7.16 (a) Upon the filing of a petition authorized by this 7.17 chapter, an initiating tribunal of this state shall forward 7.18 three copies of the petition and its accompanying documents: 7.19 (1) to the responding tribunal or appropriate support 7.20 enforcement agency in the responding state; or 7.21 (2) if the identity of the responding tribunal is unknown, 7.22 to the state information agency of the responding state with a 7.23 request that they be forwarded to the appropriate tribunal and 7.24 that receipt be acknowledged. 7.25 (b) If a responding state has not enacted this chapter or a 7.26 law or procedure substantially similar to this chapter, a 7.27 tribunal of this state may issue a certificate or other 7.28 documents and make findings required by the law of the 7.29 responding state. If the responding state is a foreign 7.30 jurisdiction, the tribunal may specify the amount of support 7.31 sought and provide other documents necessary to satisfy the 7.32 requirements of the responding state. 7.33 Sec. 5. Minnesota Statutes 1996, section 518C.305, is 7.34 amended to read: 7.35 518C.305 [DUTIES AND POWERS OF RESPONDING TRIBUNAL.] 7.36 (a) When a responding tribunal of this state receives a 8.1 petition or comparable pleading from an initiating tribunal or 8.2 directly pursuant to section 518C.301, paragraph (c), it shall 8.3 cause the petition or pleading to be filed and notify the 8.4 petitionerby first class mailwhere and when it was filed. 8.5 (b) A responding tribunal of this state, to the extent 8.6 otherwise authorized by law, may do one or more of the following: 8.7 (1) issue or enforce a support order, modify a child 8.8 support order, or render a judgment to determine parentage; 8.9 (2) order an obligor to comply with a support order, 8.10 specifying the amount and the manner of compliance; 8.11 (3) order income withholding; 8.12 (4) determine the amount of any arrearages, and specify a 8.13 method of payment; 8.14 (5) enforce orders by civil or criminal contempt, or both; 8.15 (6) set aside property for satisfaction of the support 8.16 order; 8.17 (7) place liens and order execution on the obligor's 8.18 property; 8.19 (8) order an obligor to keep the tribunal informed of the 8.20 obligor's current residential address, telephone number, 8.21 employer, address of employment, and telephone number at the 8.22 place of employment; 8.23 (9) issue a bench warrant for an obligor who has failed 8.24 after proper notice to appear at a hearing ordered by the 8.25 tribunal and enter the bench warrant in any local and state 8.26 computer systems for criminal warrants; 8.27 (10) order the obligor to seek appropriate employment by 8.28 specified methods; 8.29 (11) award reasonable attorney's fees and other fees and 8.30 costs; and 8.31 (12) grant any other available remedy. 8.32 (c) A responding tribunal of this state shall include in a 8.33 support order issued under this chapter, or in the documents 8.34 accompanying the order, the calculations on which the support 8.35 order is based. 8.36 (d) A responding tribunal of this state may not condition 9.1 the payment of a support order issued under this chapter upon 9.2 compliance by a party with provisions for visitation. 9.3 (e) If a responding tribunal of this state issues an order 9.4 under this chapter, the tribunal shall send a copy of the order 9.5by first class mailto the petitioner and the respondent and to 9.6 the initiating tribunal, if any. 9.7 Sec. 6. Minnesota Statutes 1996, section 518C.306, is 9.8 amended to read: 9.9 518C.306 [INAPPROPRIATE TRIBUNAL.] 9.10 If a petition or comparable pleading is received by an 9.11 inappropriate tribunal of this state, it shall forward the 9.12 pleading and accompanying documents to an appropriate tribunal 9.13 in this state or another state and notify the petitionerby9.14first class mailwhere and when the pleading was sent. 9.15 Sec. 7. Minnesota Statutes 1996, section 518C.307, is 9.16 amended to read: 9.17 518C.307 [DUTIES OF SUPPORT ENFORCEMENT AGENCY.] 9.18 (a) A support enforcement agency of this state, upon 9.19 request, shall provide services to a petitioner in a proceeding 9.20 under this chapter. 9.21 (b) A support enforcement agency that is providing services 9.22 to the petitioner as appropriate shall: 9.23 (1) take all steps necessary to enable an appropriate 9.24 tribunal in this state or another state to obtain jurisdiction 9.25 over the respondent; 9.26 (2) request an appropriate tribunal to set a date, time, 9.27 and place for a hearing; 9.28 (3) make a reasonable effort to obtain all relevant 9.29 information, including information as to income and property of 9.30 the parties; 9.31 (4) within two days, exclusive of Saturdays, Sundays, and 9.32 legal holidays, after receipt of a written notice from an 9.33 initiating, responding, or registering tribunal, send a copy of 9.34 the noticeby first class mailto the petitioner; 9.35 (5) within two days, exclusive of Saturdays, Sundays, and 9.36 legal holidays, after receipt of a written communication from 10.1 the respondent or the respondent's attorney, send a copy of the 10.2 communicationby first class mailto the petitioner; and 10.3 (6) notify the petitioner if jurisdiction over the 10.4 respondent cannot be obtained. 10.5 (c) This chapter does not create or negate a relationship 10.6 of attorney and client or other fiduciary relationship between a 10.7 support enforcement agency or the attorney for the agency and 10.8 the individual being assisted by the agency. 10.9 Sec. 8. Minnesota Statutes 1996, section 518C.501, is 10.10 amended to read: 10.11 518C.501 [RECOGNITIONEMPLOYER'S RECEIPT OF 10.12 INCOME-WITHHOLDING ORDER OF ANOTHER STATE.] 10.13(a)An income-withholding order issued in another state may 10.14 be sentby first class mailto the person or entity defined as 10.15 the obligor's employer under section 518.611 or 518.613 without 10.16 first filing a petition or comparable pleading or registering 10.17 the order with a tribunal of this state.Upon receipt of the10.18order, the employer shall:10.19(1) treat an income-withholding order issued in another10.20state which appears regular on its face as if it had been issued10.21by a tribunal of this state;10.22(2) immediately provide a copy of the order to the obligor;10.23and10.24(3) distribute the funds as directed in the withholding10.25order.10.26(b) An obligor may contest the validity or enforcement of10.27an income-withholding order issued in another state in the same10.28manner as if the order had been issued by a tribunal of this10.29state. Section 518C.604 applies to the contest. The obligor10.30shall give notice of the contest to any support enforcement10.31agency providing services to the obligee and to:10.32(1) the person or agency designated to receive payments in10.33the income-withholding order; or10.34(2) if no person or agency is designated, the obligee.10.35 Sec. 9. [518C.502] [EMPLOYER'S COMPLIANCE WITH 10.36 INCOME-WITHHOLDING ORDER OF ANOTHER STATE.] 11.1 (a) Upon receipt of the order, the obligor's employer shall 11.2 immediately provide a copy of the order to the obligor. 11.3 (b) The employer shall treat an income-withholding order 11.4 issued in another state which appears regular on its face as if 11.5 it had been issued by a tribunal of this state. 11.6 (c) Except as provided by paragraph (d) and section 11.7 518C.503, the employer shall withhold and distribute the funds 11.8 as directed in the withholding order by complying with the terms 11.9 of the order, as applicable, that specify: 11.10 (1) the duration and the amount of periodic payments of 11.11 current child support, stated as a sum certain; 11.12 (2) the person or agency designated to receive payments and 11.13 the address to which the payments are to be forwarded; 11.14 (3) medical support, whether in the form of periodic cash 11.15 payment, stated as a sum certain, or ordering the obligor to 11.16 provide health insurance coverage for the child under a policy 11.17 available through the obligor's employment; 11.18 (4) the amount of periodic payments of fees and costs for a 11.19 support enforcement agency, the issuing tribunal, and the 11.20 obligee's attorney, stated as sums certain; and 11.21 (5) the amount of periodic payments of arrears and interest 11.22 on arrears, stated as sums certain. 11.23 (d) The employer shall comply with the law of the state of 11.24 the obligor's principal place of employment for withholding from 11.25 income with respect to: 11.26 (1) the employer's fee for processing an income-withholding 11.27 order; 11.28 (2) the maximum amount permitted to be withheld from the 11.29 obligor's income; and 11.30 (3) the time periods within which the employer must 11.31 implement the withholding order and forward the child support 11.32 payment. 11.33 Sec. 10. [518C.503] [COMPLIANCE WITH MULTIPLE 11.34 INCOME-WITHHOLDING ORDERS.] 11.35 If the obligor's employer receives multiple orders to 11.36 withhold support from the earnings of the same obligor, the 12.1 employer shall be deemed to have satisfied the terms of the 12.2 multiple orders if the law of the state of the obligor's 12.3 principal place of employment to establish the priorities for 12.4 withholding and allocating income withheld for multiple child 12.5 support obligees is complied with. 12.6 Sec. 11. [518C.504] [IMMUNITY FROM CIVIL LIABILITY.] 12.7 An employer who complies with an income-withholding order 12.8 issued in another state in accordance with this chapter is not 12.9 subject to civil liability to any individual or agency with 12.10 regard to the employer's withholding child support from the 12.11 obligor's income. 12.12 Sec. 12. [518C.505] [PENALTIES FOR NONCOMPLIANCE.] 12.13 An employer who willfully fails to comply with an 12.14 income-withholding order issued by another state and received 12.15 for enforcement is subject to the same penalties that may be 12.16 imposed for noncompliance with an order issued by a tribunal of 12.17 this state. 12.18 Sec. 13. [518C.506] [CONTEST BY OBLIGOR.] 12.19 (a) An obligor may contest the validity or enforcement of 12.20 an income-withholding order issued in another state and received 12.21 directly by an employer in this state in the same manner as if 12.22 the order had been issued by a tribunal of this state. Section 12.23 518C.604 applies to the contest. 12.24 (b) The obligor shall give notice of the contest to: 12.25 (1) a support enforcement agency providing services to the 12.26 obligee; 12.27 (2) each employer which has directly received an 12.28 income-withholding order; and 12.29 (3) the person or agency designated to receive payments in 12.30 the income-withholding order or, if no person or agency is 12.31 designated, to the obligee. 12.32 Sec. 14. Minnesota Statutes 1996, section 518C.605, is 12.33 amended to read: 12.34 518C.605 [NOTICE OF REGISTRATION OF ORDER.] 12.35 (a) When a support order or income-withholding order issued 12.36 in another state is registered, the registering tribunal shall 13.1 notify the nonregistering party.Notice must be given by13.2certified or registered mail or by any means of personal service13.3authorized by the law of this state.The notice must be 13.4 accompanied by a copy of the registered order and the documents 13.5 and relevant information accompanying the order. 13.6 (b) The notice must inform the nonregistering party: 13.7 (1) that a registered order is enforceable as of the date 13.8 of registration in the same manner as an order issued by a 13.9 tribunal of this state; 13.10 (2) that a hearing to contest the validity or enforcement 13.11 of the registered order must be requested within 20 days after 13.12the date of mailing or personal service of thenotice; 13.13 (3) that failure to contest the validity or enforcement of 13.14 the registered order in a timely manner will result in 13.15 confirmation of the order and enforcement of the order and the 13.16 alleged arrearages and precludes further contest of that order 13.17 with respect to any matter that could have been asserted; and 13.18 (4) of the amount of any alleged arrearages. 13.19 (c) Upon registration of an income-withholding order for 13.20 enforcement, the registering tribunal shall notify the obligor's 13.21 employer pursuant to section 518.611 or 518.613. 13.22 Sec. 15. Minnesota Statutes 1996, section 518C.606, is 13.23 amended to read: 13.24 518C.606 [PROCEDURE TO CONTEST VALIDITY OR ENFORCEMENT OF 13.25 REGISTERED ORDER.] 13.26 (a) A nonregistering party seeking to contest the validity 13.27 or enforcement of a registered order in this state shall request 13.28 a hearing within 20 days afterthe date of mailing or personal13.29service ofnotice of the registration. The nonregistering party 13.30 may seek to vacate the registration, to assert any defense to an 13.31 allegation of noncompliance with the registered order, or to 13.32 contest the remedies being sought or the amount of any alleged 13.33 arrearages pursuant to section 518C.607. 13.34 (b) If the nonregistering party fails to contest the 13.35 validity or enforcement of the registered order in a timely 13.36 manner, the order is confirmed by operation of law. 14.1 (c) If a nonregistering party requests a hearing to contest 14.2 the validity or enforcement of the registered order, the 14.3 registering tribunal shall schedule the matter for hearing and 14.4 give notice to the partiesby first class mailof the date, 14.5 time, and place of the hearing. 14.6 Sec. 16. Minnesota Statutes 1996, section 518C.611, is 14.7 amended to read: 14.8 518C.611 [MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER 14.9 STATE.] 14.10 (a) After a child support order issued in another state has 14.11 been registered in this state, unless section 518C.613 applies, 14.12 the responding tribunal of this state may modify that order only 14.13 if, after notice and hearing, it finds that: 14.14 (1) the following requirements are met: 14.15 (i) the child, the individual obligee, and the obligor do 14.16 not reside in the issuing state; 14.17 (ii) a petitioner who is a nonresident of this state seeks 14.18 modification; and 14.19 (iii) the respondent is subject to the personal 14.20 jurisdiction of the tribunal of this state; or 14.21 (2) an individual party or the child is subject to the 14.22 personal jurisdiction of the tribunal and all of the individual 14.23 parties have filed a written consent in the issuing tribunal 14.24 providing that a tribunal of this state may modify the support 14.25 order and assume continuing, exclusive jurisdiction over the 14.26 order. However, if the issuing state is a foreign jurisdiction 14.27 which has not enacted this chapter, the written consent of the 14.28 individual party residing in this state is not required for the 14.29 tribunal to assume jurisdiction to modify the child support 14.30 order. 14.31 (b) Modification of a registered child support order is 14.32 subject to the same requirements, procedures, and defenses that 14.33 apply to the modification of an order issued by a tribunal of 14.34 this state and the order may be enforced and satisfied in the 14.35 same manner. 14.36 (c) A tribunal of this state may not modify any aspect of a 15.1 child support order that may not be modified under the law of 15.2 the issuing state. If two or more tribunals have issued child 15.3 support orders for the same obligor and child, the order that is 15.4 controlling and must be recognized under the provisions of 15.5 section 518C.207 establishes the nonmodifiable aspects of the 15.6 support order. 15.7 (d) On issuance of an order modifying a child support order 15.8 issued in another state, a tribunal of this state becomes the 15.9 tribunal of continuing, exclusive jurisdiction. 15.10(e) Within 30 days after issuance of a modified child15.11support order, the party obtaining the modification shall file a15.12certified copy of the order with the issuing tribunal which had15.13continuing, exclusive jurisdiction over the earlier order, and15.14in each tribunal in which the party knows that earlier order has15.15been registered.15.16 Sec. 17. Minnesota Statutes 1996, section 518C.612, is 15.17 amended to read: 15.18 518C.612 [RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.] 15.19 A tribunal of this state shall recognize a modification of 15.20 its earlier child support order by a tribunal of another state 15.21 which assumed jurisdiction pursuant to this chapter or a law 15.22 substantially similar to this chapter and, upon request, except 15.23 as otherwise provided in this chapter, shall: 15.24 (1) enforce the order that was modified only as to amounts 15.25 accruing before the modification; 15.26 (2) enforce only nonmodifiable aspects of that order; 15.27 (3) provide other appropriate relief only for violations of 15.28 that order which occurred before the effective date of the 15.29 modification; and 15.30 (4) recognize the modifying order of the other state, upon 15.31 registration, for the purpose of enforcement. 15.32 Sec. 18. [518C.613] [JURISDICTION TO MODIFY SUPPORT ORDER 15.33 OF ANOTHER STATE WHEN INDIVIDUAL PARTIES RESIDE IN THIS STATE.] 15.34 (a) If all of the individual parties reside in this state 15.35 and the child does not reside in the issuing state, a tribunal 15.36 of this state has jurisdiction to enforce and to modify the 16.1 issuing state's child support order in a proceeding to register 16.2 that order. 16.3 (b) A tribunal of this state exercising jurisdiction as 16.4 provided in this section shall apply sections 518C.101 to 16.5 518C.209 and 518C.601 to 518C.614 to the enforcement or 16.6 modification proceeding. Sections 518C.301 to 518C.507 and 16.7 518C.701 to 518C.802 do not apply and the tribunal shall apply 16.8 the procedural and substantive law of this state. 16.9 Sec. 19. [518C.614] [NOTICE TO ISSUING TRIBUNAL OF 16.10 MODIFICATION.] 16.11 Within 30 days after issuance of a modified child support 16.12 order, the party obtaining the modification shall file a 16.13 certified copy of the order with the issuing tribunal which had 16.14 continuing, exclusive jurisdiction over the earlier order, and 16.15 in each tribunal in which the party knows that earlier order has 16.16 been registered. Failure of the party obtaining the order to 16.17 file a certified copy as required subjects that party to 16.18 appropriate sanctions by a tribunal in which the issue of 16.19 failure to file arises, but that failure has no effect on the 16.20 validity or enforceability of the modified order of the new 16.21 tribunal of continuing, exclusive jurisdiction. 16.22 Sec. 20. Minnesota Statutes 1996, section 518C.701, is 16.23 amended to read: 16.24 518C.701 [PROCEEDING TO DETERMINE PARENTAGE.] 16.25 (a) A tribunal of this state may serve as an initiating or 16.26 responding tribunal in a proceeding brought under this chapter 16.27 or a law or procedure substantially similar to this chapter, or 16.28 under a law or procedure substantially similar to the uniform 16.29 reciprocal enforcement of support act, or the revised uniform 16.30 reciprocal enforcement of support act to determine that the 16.31 petitioner is a parent of a particular child or to determine 16.32 that a respondent is a parent of that child. 16.33 (b) In a proceeding to determine parentage, a responding 16.34 tribunal of this state shall apply the parentage act, sections 16.35 257.51 to 257.74, and the rules of this state on choice of law. 16.36 Sec. 21. [RENUMBERING INSTRUCTION.] 17.1 The revisor of statutes shall change the coding of 17.2 Minnesota Statutes 1994, section 518C.502, to section 518C.507.