Maine Revised Statutes Title 19-A Sec. 3321 – Modification of child support order subject to Convention
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1. Obligee resident of the foreign country. A tribunal of this State may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
A. The obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order. [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 3321
- Application: means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See Maine Revised Statutes Title 19-A Sec. 3311
- Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Maine Revised Statutes Title 19-A Sec. 2802
- Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501
- Convention: means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded at The Hague on November 23, 2007. See Maine Revised Statutes Title 19-A Sec. 2802
- Foreign country: means a country, including a political subdivision thereof, other than the United States, that under its law authorizes the issuance of support orders and:
A. See Maine Revised Statutes Title 19-A Sec. 2802Foreign tribunal: includes a competent authority under the Convention. See Maine Revised Statutes Title 19-A Sec. 2802 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Obligee: means :
A. See Maine Revised Statutes Title 19-A Sec. 2802state: includes an Indian nation or tribe. See Maine Revised Statutes Title 19-A Sec. 2802 Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See Maine Revised Statutes Title 19-A Sec. 2802 Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage. See Maine Revised Statutes Title 19-A Sec. 2802 tribunal of this State: means the District Court or the Department of Health and Human Services. See Maine Revised Statutes Title 19-A Sec. 2802
2. Application of section 3318. If a tribunal of this State cannot modify the foreign child support order because the order is unable to be recognized in this State, the provisions of section 3318, subsection 3 apply.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).